Whitewater: Finalists respond to news stories, petition alleging employment concerns

Editor’s note: This story has been updated to include a response from finalist David Porter.

By Kim McDarison

Whitewater city officials recently made public the names of three finalists for the position of Whitewater city manager. They are: James “Jim” Palenick, David R. Porter and John S. Weidl.

Following the release of the finalists’ names, Fort Atkinson Online has become aware of several news stories and a petition recounting activities in which the candidates were allegedly involved in their last places of employment.

Responding to Fort Atkinson Online by email about information available online, Lee Szymborski, GovUSA senior vice president and the individual identified by Whitewater city officials as the city’s liaison with GovUSA, the contracted search firm working with the city, wrote: “As you know from your reporting experience, it is not unusual for city officials to be criticized for some of their decisions. Each of the candidates have sustained such critiques, we were aware of it, and shared that with the city. I appreciate you giving them a chance to offer their side of the story.”

Fort Atkinson Online has invited each of the candidates to respond by email to the information found online. The information found online and a response made by each candidate to the information follows.

James Palenick

According to information reported by the Cincinnati Enquirer in March, James Palenick parted from his position as city manager of Middletown, Ohio, after he and the city council “mutually resolved to part ways due to differences in their overall visions for the city.” The information was supplied to the paper via a press release from Middletown Communications Manager Missy Knight.

The statement, according to the paper, followed an executive session meeting to “consider the appointment, employment or termination of a public employee or official.”

The Enquirer further reported that Palenick was “fired” from his post as city manager in three cities, including Bay City, Mich., in 2002; Rio Rancho, N.M., in 2006, and Gastonia, N.C. in 2011, crediting as its sources MLive, the Columbia Missourian and the Albuquerque Journal. According to the report, Palenick was removed by the Gastonia City Council after writing a cover letter noting, the paper reported: “he and his family did not mix well with the culture and traditions of Gastonia.”

Additionally, the paper reported, “Palenick sued the city of Rio Rancho after his termination, claiming it was illegal because council members violated open meeting laws.”

In Middleton, according to the Enquirer, controversy surrounded Palenick after he “brought developers interested in building Hollywoodland,” which the paper described as a $1.3 million entertainment-themed development.”

The full Cincinnati Enquirer story is here: https://www.cincinnati.com/story/news/2022/03/14/middletown-city-manager-jim-palenick-exits-position/7035546001/.

Palenick’s response

Responding to Fort Atkinson Online by email, Palenick wrote: “In my career of service as a chief administrative officer, spanning over 30 years, I have served in a number of communities where significant majority changeover in the elected governing body membership resulted in votes to terminate my employment contract. In each case it was without cause, with full severance, and exclusively as a result of newly elected majorities seeking to exact change by changing the appointed manager. In no case was my professionalism, ethics, leadership or level of competence or success ever called into question. I am exceptionally proud of my work and accomplishments in each of these cities. Further, my tenures therein lasted between 3 1/2 and 6 years.”

David Porter

A petition begun by a resident in Winneconne on the change.org platform is titled: “People of Winneconne Request to Remove David Porter, Village Administrator.”

The petition, which received its first comments in September, has, to date, received 134 signatures.

The petition lists 22 points of concern, ranging from an allegation of “blatantly lied to village board members and the people of our village,” to concerns of no economic development, no new business in industrial park, improper management of finances and lack of communicating with village residents, among others.

The petition further alleges that Porter held “secret meetings,” violating open meeting laws.

Petition author, Jonni Janikowski, in an Oct. 11 update wrote that she had decided to leave the petition “in place” after being asked by the village president and administrator to take it down, further noting: “I was told each time David Porter interviews for a position, they do a search and see the petition and then he has to defend himself. Well, so be it, you reap what you sow.”

Porter continues to serve as village administrator.

A link to the full petition and its associated comments is here: https://www.change.org/p/people-of-winneconne-request-to-remove-david-porter-village-administrator?redirect=false.

Porter’s response

Responding to Fort Atkinson Online by email, Porter wrote: “Like many Wisconsin communities, Winneconne is feeling the cumulative effects of the strict Act 10 levy limits imposed more than a decade ago. The levy limit does not include any adjustment for inflation. While we are growing, inflation always grows faster. Early in my tenure, I realized that Winneconne was not on a financially sustainable trajectory. In response, I facilitated economic growth, applied for and received significant grant funding, and made difficult and sometimes unpopular decisions regarding staffing and operations.

“A large manufacturer in our industrial park expanded their footprint and staff. New owners of an existing Ford dealership purchased and remodeled the vacant Shopko building into a beautiful new dealership and service center. Kwik Trip purchased the old Ford dealership and build in its place a large convenience store, added a car wash, and many new fuel pumps including a dedicated diesel island.

“I applied for many grants and received more than $1 million in grant funds to re-pave roads, re-build a seawall in one of our parks, and renovate a dilapidated building on Main Street. We also applied for and were approved for a Safe Drinking Water Loan to finance a DNR-mandated upgrade to one of our municipal wells.

“I also made difficult and sometimes unpopular decisions. Through attrition, I reduced the headcount in our Parks Department. We share responsibility with local baseball and softball leagues to help us maintain and prepare ball fields for game day. Upon retirement of a customer service representative, we converted the full-time position to a part-time one. I also explored — but did not implement — a potential collaboration with Winnebago County to offer our residents a hybrid village-county public safety service.

“Throughout my tenure, I have always upheld the highest ethical standards. The online petition contains a mix of falsehoods and hyperbole. I appreciate that not everyone will agree with everything I recommend or do. Dissent is a hallmark of American democracy. While unpopular in some corners of our community, I maintain that those decisions were the right ones to address a challenging set of fiscal realities.”

John Weidl

According to information reported by the Milwaukee Journal Sentinel in April of last year, John Weidl parted from his position as village of Mukwonago administrator after signing a non-disparagement agreement.

Prior to his departure, Weidl had served as village administrator since 2013.

He resigned, according to the Journal, in March of 2021, following, the paper continued, “a closed-door session of the village board on the financial terms of his separation.”

Additionally, the Journal reported: “The reasons for his departure are unclear. Weidl faced some political pressure from an incident at a previous job in Princeton. He allegedly opened a ballot box during a mayoral election, resulting in a charge of willful neglect. That issue came to light years after it occurred, and many months ahead of his resignation recently.”

The Journal further noted: “No official reason has been stated,” for the separation, with village officials citing their restriction from comment through the non-disparagement arrangement.

A link to the full Milwaukee Journal Sentinel story is here: https://www.jsonline.com/story/communities/waukesha/news/mukwonago/2021/04/13/former-mukwonago-village-administrator-john-weidl-talks-resignation-non-disparagement-agreement/7129440002/.

Weidl’s response

Responding to Fort Atkinson Online by email, Weidl wrote: “By any objective measure, the years I spent in Mukwonago executing the village board’s vision was successful. During my 7.5 year tenure, we grew the tax base by over $350 million spread across industrial, commercial and residential – including new single-family subdivisions. We also developed multiple successful tax increment financing districts leading to a village-owned industrial park with 500,000 square feet of new manufacturing space and added hundreds of employees to the village in manufacturing and healthcare. Both myself and the village received numerous awards and recognition from organizations like the Wisconsin Economic Development Corporation (WEDC), the International Economic Development Council (IEDC), and the Wisconsin City/County Manager Association (WCMA) because of our annual budget process and economic development efforts. As with any public organization over time, the village board transitioned significantly, especially in the later years of my time there. As is the privilege of the elected officials, a majority of the board asked me to step aside in order to facilitate moving in a new direction and offered a severance package and a letter of recommendation approved by the village board. I have provided that letter to Fort Atkinson Online. A non-disclosure agreement to limit discourse of elected officials and separating employees is common in these instances to ensure both parties can move forward without distraction.

(A copy of the letter is here: http://fortatkinsononline.com/wp-content/uploads/2022/10/LOR-Village-of-Mukwonago.pdf.)

“Prior to serving in Mukwonago, I did accept a violation of municipal election ordinance that resulted in a citation. I’ve learned many things from that incident and a few of them are to admit when you have made a mistake, learn an actionable lesson, and move forward in a positive direction. While I can’t change what happened, I’m certainly willing to stand on my record before and after that moment as a decorated military combat veteran, award-winning local government administrator, and economic development professional. My intention is to bring that same resilience, positive attitude, and forward momentum to the city of Whitewater should I be selected as the next city manager.”

Community ‘meet and greet,’ interviews

A community reception and “Meet and Greet” for the finalists will be held Friday, Oct. 21, between 5 and 6:30 p.m. at the City of Whitewater Municipal Building, 312 W. Whitewater St., in the Community Room on the building’s first floor. The Meet and Greet is open to the public and residents are encouraged to attend.

Members of the Whitewater Common Council will hold interviews with the three candidates Friday, Oct. 21, and Saturday, Oct. 22, followed by deliberations on Saturday, Oct. 22.

According to information supplied by city officials, the council will meet in executive session Saturday at 8 a.m., with items to be discussed listed as “interview city manager candidates, deliberation and possible negotiation of contract terms. Final action on a contract would occur in open session at a later date.”

An earlier story offering biographical information about each candidate as supplied by Whitewater city officials is here: https://fortatkinsononline.com/whitewater-city-manager-finalists-announced/.