PHOTO: Courtesy of WLUK
GREEN BAY, WI (WTAQ-WLUK) — No charges will be filed against Green Bay Mayor Eric Genrich for recording devices installed at City Hall, a special prosecutor said Wednesday.
Microphones were installed in 2021 and 2022 at Genrich’s direction. They were removed after a court’s order in March 2023.
The case was reviewed for possible criminal charges by West Allis police. Fond du Lac County District Attorney Eric Toney was appointed a special prosecutor to review the case.
Toney, a Republican, noted he consulted with former Democratic Door County District Attorney Joan Korb in reviewing the Green Bay case, to create a bipartisan review.
Noting Genrich, a former Democratic state lawmaker, acted with the advice of the city attorney, Toney said charges are not warranted.
“None of the audio reviewed with any accompanying video showed any type of conversations that indicated an expectation of privacy based on the public space and notice to City of Green Bay employees that those spaces were being recorded,” the decision states. “Accordingly, we do not believe the State could prove a violation beyond a reasonable doubt for Mayor Genrich or any other city employees based on audio recording devices being removed and a review of the available evidence and audio recordings.”
Toney also referenced the political nature of this review, and of another investigation into the Wausau mayor for removing an election drop box.
“I also understand these investigations have generated public attention, in part, based on the scrutiny elections and election officials have been under in recent years. I greatly appreciate the work by our amazing election officials across Wisconsin. Their work is the bedrock of our democratic republic. It helps protect our elections and instills greater confidence in election results. There are some that wanted charges issued based on politics and others that did not want charges issued based on politics. However, the facts are the facts, and the law is the law, no matter how badly someone may wish for a result, our duty is to follow the facts and the law, not politics or emotions. Partisan politics has no place in the justice system, and we will not in engage in lawfare,” Toney said in a statement.
Former Green Bay Ald. Chris Wery filed a civil lawsuit against Genrich in March about the devices. No hearings have been scheduled.
Also on Wednesday, Toney announced that Wausau Mayor Doug Diny will not face charges for moving a ballot drop box during the 2024 election.
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