blog 38

25 January 2024

AFTER THE CLOSING

THE EVENTS AFTER JUNE 30, 2022 AND SOME UPDATES!

369. Welcome to today’s Blog. Going forward, we will start covering the events that occurred after June 29,2022, our final day in business. I believe there was no legitimate basis for this action and that is how this Blog came to fruition. Good politicians encourage and put in policies to help grow their economies and stupid ones like Mayor Paine shut them down. We will also have some “Corruption Across America” specials as well as “A Special Kind of Stupid” specials and more.

370. One of the first things I did was get a new lawyer. I had my first lawyer for around a decade and I knew that his firm did work for the city but I really didn’t care until this situation happened to us. I spoke in an earlier Blog about trying to find a lawyer in Superior that doesn't do work for the city or that wants to take on cases involving the city. I just felt this was too close to home for my liking. So I got a lawyer in Duluth and that took work and money away from Superior. Thanks Mayor Paine.

371.

A couple of weeks ago a friend told me about a newspaper on line called the DULUTH MONITOR. I found it very interesting and I would encourage all our readers to check it out and sign up for it. They have stories that you won’t find in our local rags.

The website is duluthmonitor.com.

372. I found two stories that I found interesting that I’d like to share with you from the Monitor.

STORY # 1

Duluth YMCA takes over management of Superior YMCA, declines to say why

Before Carl Klubertanz was hired as the executive director of the Superior Douglas County Family YMCA, in March of 2022, he spent 7 years as YMCA director of facilities in La Crosse. A press release announcing the new hire stated the following: “Klubertanz was selected among a strong field of candidates in a nationwide search and brings with him the background and experience [needed for the job] … During his time with the La Crosse Y, Carl has been instrumental as a member of a team that achieved significant membership growth, strong financial performance, and solid membership retention.”

More recently, however, the Monitor learned that the Duluth YMCA is presently managing the facility, and that Mr.

Klubertanz no longer works for the Superior YMCA. To confirm whether Klubertanz left voluntarily or not, we contacted the Duluth YMCA for comment.

CEO Sara Cole responded:

Thank you for reaching out to the Y. The Duluth Area Family YMCA and the Superior Douglas County YMCA are currently working together through a Management Agreement. Our Ys have been friends, good neighbors, and collaborators for many years. The Management Agreement is a formal agreement between our two YMCAs which allows the Duluth Area Family YMCA to provide leadership for the Superior Douglas County YMCA for a period of time.

When we requested more information, related to the circumstances of Mr. Klubertanz’s departure, and asked how long Duluth would be running the facility, Ms. Cole replied:

I am not at liberty to publicly discuss staffing decisions made within the YMCA. As mentioned in my previous email, the Duluth and Superior YMCAs have been good neighbors to one another for many years, and our team appreciates the opportunity to provide service to the Superior Y team and community through the Management Agreement. Just as the decision for our Ys to engage with one another in this capacity was a decision made and approved by the Boards of both YMCAs, the length of our work together in this capacity will also be determined by both Boards.

Public records review

On Dec. 20, 2022, Mr. Klubertanz delivered an informational YMCA presentation to the Superior City Council, which was well-received. In February of 2023, Klubertanz received media coverage when he renamed the YMCA’s summer camp in Lake Nebagamon.

Federal 990 forms indicate that the Superior YMCA had gross revenues of $2,435,853 in 2022, and that Carl Klubertanz earned a $76,000 salary and an additional $7,802 in “other compensation” for his work. An independent auditor’s report of the Superior YMCA, dated June 15, 2023, raised no red flags.

Mr. Klubertanz does not appear in online court records or bankruptcy filings.

Klubertanz’s Linkedin profile says that he left the Superior YMCA in November 2023, and that he’s currently located in Galesville, Wisconsin.

Investigation

On Jan. 5, 2024, Monitor reporter John Ramos visited the Superior YMCA to confirm Duluth staffers were currently on site. Business appeared to be operating as usual. He observed people exercising in the swimming pool.

Duluth Membership Experience Director Brian Trettel met Ramos in the lobby. He informed Ramos that CEO Cole was in a meeting and handed Ramos Ms. Cole’s business card.

As Ramos departed, he took a few pictures of the grounds. Getting into his vehicle, Ramos saw Mr. Trettel rush out of the building and scan the parking lot until he observed Ramos, then go back inside.

As of publication, messages left for Carl Klubertanz and Superior YMCA Board Chair Jeff Cushman have yet to be returned.

COMMENTS

This article appeared on the Monitor on Jan 6, 2024. Today is Jan 24, 2024 and I can’t find anything on the Superior Telegram or Duluth News Tribune. Don’t you find that odd?

STORY # 2

City of Superior uses arbitrary rules to censor critics

I began reporting on Superior, Wisconsin on June 14, 2023, when I attended a meeting of the Historic Preservation Committee. Entering the room, I was surprised to see that the meeting was being chaired by Tim Meyer, a Duluth architect, who had served on the Duluth Planning Commission a few years earlier.

One of the first things Chair Meyer said was: “Do we have any visitors that wanted to comment?” This, too, reminded me of Duluth, where commissions I attend offer citizens a chance to speak.

I soon discovered that not everyone in Superior was as welcoming as Mr. Meyer. In the absence of clear rules governing public comment, commissions and committees arbitrarily dictate who may or may not speak. In other words, the absence of a policy allows the city to censor critics.

On Aug. 10, 2023, I attended a meeting of the Culture, Events, and Public Art Commission (CEPA). In reviewing the meeting packet, I immediately noticed that one commission member was also a senior city employee, but this fact was not disclosed in the minutes–a red flag for transparency. I had seen similar situations in my career where city employees were installed on boards as “community members,” when their real purpose was to further the agenda of the administration. The position of the Monitor is that such connections should always be disclosed.

The CEPA meeting agenda offered no opportunity for public comment. As I listened the commissioners discuss arts initiatives in the city, the city employee in question proposed creating a city mascot. When I noticed the commissioners preparing to adjourn their meeting, I interrupted them.

Chair Carolyn Nelson-Kavajecz took my interruption in stride and invited me to speak.

John Ramos: I just want to make sure, before you adjourn, you give me a chance to comment.

Chair Carolyn Nelson-Kavajecz: Sure!

Ramos: Right now?

Nelson-Kavajecz: Yes. Yes. Of course. Of course.

Ramos: Yeah, I’m John Ramos. I’m an investigative reporter with the Duluth Monitor, and I’d like to make some comments from the perspective of an investigative reporter.

I said a few words to the commission about the importance of following open meeting laws, and then I addressed my main concern.

Ramos: The commission’s job is to advise the administration, I think–to talk about the arts issues and make recommendations to the administration. Now, in my experience, when paid city employees are allowed to serve on commissions as quote-unquote “community members,” that is very often used as a back channel to get administration ideas into the commission without seeming to do that. And it happened here tonight, with this mascot idea. That came from Jim Paine, I’m pretty sure. It sets up the whole–

At the mention of Mayor Jim Paine’s name, Chief of Staff Becky Scherf interjected, saying that I wasn’t allowed to speak:

Chief of Staff Becky Scherf: No! No. This is not an open meeting. Like, this is an open meeting for you to watch, but this engagement piece is not usually something that’s done … If you have a complaint, you can make a complaint.

When I appealed to Chair Nelson-Kavajecz, she overruled Scherf and allowed me to finish my thought.

Ramos: Can I continue with my comments, or are you cutting me off? Because you’re not the chair of this commission, if I’m not mistaken. Are you cutting me off?

Scherf: Nope.

Ramos: [to Nelson-Kavajecz] Can I continue?

Nelson-Kavajecz: Absolutely.

Ramos: Yes. So paid city employee serving as a community member–it’s a problem, because, first of all, it’s taking away from her city duties … And then the whole mascot thing, that is not just…I mean, it’s so fun. It’s a nice, wholesome, wonderful, community-engagement event–and it also sets the plate for a whole array of positive, happy news stories. I mean, it’s propaganda.

Two months passed before another CEPA meeting was held. No changes were made to the membership. On Oct. 12, 2023, I entered the room and saw that, once again, the meeting minutes did not identify the commission member as a city employee. With a few minutes to spare before the meeting started, I asked Chief of Staff Scherf about this. She responded by telling me I wasn’t allowed to speak.

Ramos: So I noticed on the minutes it says there was only one city employee at the last meeting. There were actually two. There was her and there was her.

Scherf: She’s on the commission. She’s not under the staff. She’s under the committee members, thank you …

Ramos: Okay, so she’s not a city employee?

Scherf: Mr. Ramos, this is not the time to discuss how we build our agendas …

Ramos: So how much is the city paying for these employees to serve as community members?

Scherf: Again, Mr. Ramos, this isn’t agendized. We’re getting ready to start a meeting. You can set up a meeting with the mayor’s office if you’d like.

Ramos: I can’t chat here now?

Scherf: No.

Ramos: Really?

Scherf: I’m setting up the meeting. I’m not here to be interrogated.

When the meeting began, I was disappointed to find that Chair Nelson-Kavajecz was not nearly as welcoming as she had been in August. When I interrupted the meeting to make comments about the agenda, both Nelson-Kavajecz and Scherf shut me down.

Ramos: The minutes say that there was only one city staff person present, but there was actually two. I’d request that those be updated.

Scherf: We don’t take requests on minutes from the public. It has to be by the chair.

Ramos: I would ask that a committee member notice that they’re incorrect and ask that they be changed.

Scherf: They are not incorrect. We list committee members under committee members.

Ramos: How many city employees were at the last meeting?

Scherf: Mr. Ramos, we need to get to the business on our agenda.

Ramos: How many city employees?

Scherf: Mr. Ramos, that is not agendized. We’re working on the agenda. It is out of order.

Ramos: Are you running the meeting?

Scherf: I’m the city staff!

Ramos: I believe the chair runs the meeting.

Nelson-Kavacejz: Well, after the meeting last time, in August, I understand that people are welcome to attend this meeting, the public is welcome to attend this meeting to observe, but if there are any comments or questions concerning the meeting or what’s happening at the meeting, that has to be set at a different time …

Ramos: If you want to shut me down as the chair, that’s fine. Go ahead.

Nelson-Kavajecz: Yes, I–

Ramos: Thank you.

Selective censorship

The official position of the City of Superior, as articulated to the Duluth Monitor, is that members of the public are not allowed to comment at commission or committee meetings. However, when the Monitor reviewed commission and committee meetings held over the past several months, we found many instances where the public was allowed to speak.

1) Historic Preservation Committee, June 14, 2023

While the committee was discussing the demolition costs of certain buildings, Superior Telegram reporter Shelley Nelson spoke up and said: “The Palace Theater and the two buildings across the street from it cost half a million dollars [to demo].”

In fact, Ms. Nelson often speaks up at commission meetings, and nobody ever frowns. Nobody tells her that she’s out of order, or that she needs to deliver her comments “at a different time,” or that she needs to be “agendized.” Sometimes they even thank her.

2) Public Works Committee, Aug. 3, 2023

The meeting was packed with plumbers–four from A. G. O’Brien and one from Belknap Plumbing & Heating. They were there to contest a bid for a boiler replacement on Barker’s Island, which the city had recently awarded to another company.

For 26 minutes, the committee engaged in a robust discussion with the plumbers. Nobody told them that this was not the time or place, or to file a complaint with the mayor’s office.

“I don’t want you coming here not feeling heard,” Chair Jenny Van Sickle said. “It’s rare that we have guests, but when you do come, I know it’s important.”

3) Finance Committee, Aug. 10, 2023

As the committee discussed a proposal to buy more golf carts for Nemadji Golf Course, a woman sitting in the audience raised her hand. Chair Jack Sweeney recognized her and invited her to comment. Nobody told her to make an appointment with the mayor.

4) Plan Commission, Aug. 16, 2023

As the commission discussed an application from someone who wished to build a house in an industrial zone, Mayor Jim Paine opened a public hearing to take comment on the application, as required by law. Two citizens made comments.

Later, however, after the public hearing was closed, the citizens continued to comment from the audience. The mayor did not tell them they were out of order.

A bright spot

The Monitor is pleased to report that one official has always been willing to let us speak: City Councilor Jack Sweeney, who chairs the Finance Committee.

On July 13, 2023, the Finance Committee went into closed session for an hour to discuss pending real estate negotiations. I waited out in the hall, along with Shelley Nelson, until the meeting reopened. At that time, I expressed to Chair Sweeney that, in the future, I hoped he would move closed sessions to the end of the agenda, so that reporters didn’t have to hang around in the hall for an hour. Mr. Sweeney listened to me carefully and agreed that I had a point.

John Ramos: I got something. Can I say something?

Jack Sweeney: Oh, absolutely.

Ramos: My name’s John Ramos. I’m a reporter with the Duluth Monitor. I would just like to suggest that, in the future, when you hold closed sessions, you do it at the end of the meeting. It not only inconveniences the media, but any member of the public who shows up wanting to talk about stuff AFTER the closed session, having to stand outside for an hour is quite an obstacle.

Sweeney: Thank you for that. That’s a great point, but we also are concerned about the employees that come in.

Ramos: I understand that you guys don’t care about the media that much. I just make the suggestion.

Sweeney: Don’t put that in-between the lines, but thank you for that. That’s a valid point.

Ramos: Thank you.

At a subsequent Finance Committee meeting, on Aug. 10, Mr. Sweeney reiterated his support for public input. “If you want to speak, you can speak,” he told me. “We’re more than happy to have you come. We’re more than happy for you to comment if you so wish. Absolutely.”

Solving the problem

Because Superior’s policies on public comment are arbitrary and undefined, the administration uses them to censor critics. The Monitor believes this is a disservice to the public and an abuse of the administration’s power.

To remedy this oversight, we encourage city commissions and committees to consider adding a “Public Comment” line item to their meeting agenda templates, to provide an opportunity for all views to be heard. This would be a simple action, entirely within the power of any commission or committee to accomplish internally, without consulting the administration. The public notice of a meeting of a governmental body may provide for a period of public comment, during which the body may receive information from members of the public. Wisconsin Statute 19.84 (2)

Cover photo: Becky Scherf and Jim Paine hold Monitor Publisher John Ramos hostage.

COMMENTS

So typical of the City of Superior isn’t it? They continue to find ways to limit anyone who asks a hard question.

They just hate to be questioned. They completely disrespect the taxpayers or anybody with a different view. This is the culture that Mayor Paine has brought to this city. Shameful.

373.

SHOOTINGS IN SUPERIOR

On Blog 25, Point 274, I spoke about two shootings at Kwik Trip. There were shootings at other bars in town as well. Some were worse than the one at the Palace. Yet, they are all still open which I am OK with and we aren’t which I am not OK with.

I sent the Chief an email requesting the police reports which you can read below. They include Kwik Trip, Lady Vi’s and Centerfolds.