GREEN BAY, WI (WTAQ-WLUK) – A Green Bay city council committee voted unanimously Wednesday night to disable audio recording devices at city hall and destroy any recordings from it once a lawsuit on the matter is resolved. The full council still needs to take a vote, which is expected to happen at its meeting on Tuesday.
The decision comes as the first court hearing on a lawsuit over the issue will be held today.
The high-tension meeting at city hall produced a lot of new information on why microphones were installed in the hallways outside the clerk’s office, the council chambers, and the mayor’s office without the city council’s knowledge or approval.
According to court documents filed on Wednesday, outside attorneys representing the city say the microphones were installed between winter 2021 and summer 2022 due to three specific incidents when members of the public verbally assaulted city employees and a member of the media.
The attorneys also say the city’s IT director suggested installing the audio surveillance after that first incident, which was in June 2021, according to court documents.
However, at the committee meeting, city attorneys made it clear Mayor Eric Genrich has the ultimate authority on the audio surveillance.
Genrich was not at the meeting, which angered many city council members and members of the public in attendance.
“The lawsuit could have been prevented if the mayor would have humbled himself and sought the opinion of the council,” said City Council President Jesse Brunette.
Green Bay City Attorney Joanne Bungert says the council was never advised of the microphones being installed because there isn’t a mechanism to alert them of day to day operations at city hall.
Bungert has previously said the city council did not need to sign off on the financial expense of the surveillance equipment because it did not exceed $25,000, the threshold requiring city council approval.
Green Bay Chief of Operations Joe Faulds revealed the recordings from the audio surveillance were setup so only a few people had access to them: Mayor Genrich, City Clerk Celestine Jeffreys, a deputy city attorney, and a legal assistant.
“What I can confirm from my knowledge is that the mayor does not access the video or audio on an ongoing basis and from my knowledge the clerk has not also accessed or does not access the video,” said Faulds.
“But they could, I get litigation and all that, but they are setup so they could have?” questioned Brunette.
“That is correct,” said Faulds.
City officials have previously said the police department has access to a live feed of the audio surveillance, but no one constantly monitors the feed.
Green Bay officials call the request for a temporary restraining order halting use of the security devices which record audio “odd,” in the court documents filed Wednesday.
The Wisconsin State Senate, Sen. Andre Jacque (R-De Pere), former Ald. Tony Theisen, and an unidentified resident filed suit, alleging the surveillance violates the law and Constitution. They have asked for a temporary restraining order halting its use while the lawsuit proceeds.
Mayor Erich Genrich and the city’s legal department, maintains the system is legal.
In a 17-page brief opposing the restraining order, Kyle Engelke, who represents Green Bay, says “This is an odd “emergency ” request for a temporary restraining order.”
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