An outside investigation has been completed into allegations that a Fond du Lac city councilmember violated a state statute by using his office for private gain when he accepted a job with the Fond du Lac Historical Society. A complaint filed with the DA’s Office alleged that councilmember Ben Giles received a reward for his votes on council in favor of development at Lakeside Park, when mutual donors of Lakeside Forward and the Historical Society allowed their previous donations to the Historical Society be reallocated to hire Giles as the society’s executive director. District Attorney Eric Toney says an investigation by the Oshkosh Police Department appears to show the donors were aware Giles was being considered for the position and that Giles was aware money would be transferred representing a probable violation of the statute. “What I think is important for (people) to understand is there’s an ethics code that says no local public official may accept from any person, directly or indirectly anything of value if it could reasonably be considered as a reward for any official action or inaction on the part of the local public official,” Toney told WFDL news. The penalty is a civil forfeiture that, if proven, could result in a fine of up to $1,000. But Toney says he will not pursue any forfeiture proceedings because the case is already being considered by the Fond du Lac Ethics Board and would be a duplicative process. “Because the city Ethics Board is already addressing this it didn’t seem to be a wise use of continued investigative resources from the city of Oshkosh Police Department, nor prosecutorial resources when we’re looking at the maximum penalty of being possibly $1,000 for one of these violations and the city’s Ethics Board is already addressing this.” A violation of the statute does not require a quid pro quo, it only requires that the prohibited activity could reasonably be considered a reward for that official action or inaction. Last month the Fond du Lac Ethics Board found probable cause that Giles violated three sections of the citys ethics code. A hearing to address the alleged violations is scheduled for December 11.
