Blair council sides with attorney in key feud with city police chief

The Blair city council ultimately sided with the opinion expressed by city attorney Mark Radcliffe that clerk Susan Frederixon should  have a copy of the key to the police department, despite objections from Chief of Police Kent Johnson.

Radcliffe told the council that the city clerk has always had a key to the department, but when Johnson was reinstated from a two-month suspension — for a complaint that was eventually withdrawn — he demanded that Frederixon no longer have a copy of the key. Radcliffe said he advised Mayor John Rawson that he should refuse that request. 

“I don’t know that I need to explain to you all the different ways that it might be necessary for you to have a key,” Radcliffe told the city council at a special meeting last Wednesday.

Radcliffe said that he contacted the city of Black River Falls and was told the city administrator had a key to that police department. He said he also contacted the Department of Justice and was advised that it “made sense” that somebody else had a key as long as the city certain rules were followed. Those rules, in this instance, include a background check that must be done by the police department and that the key is kept in a safe place where only the person who has permission can access it. 

Radcliffe said that he asked the police chief to do a background check on Frederixon so that she could have a copy of the key and that Johnson told him he would do the check. However on April 14, Johnson informed Radcliffe that he was not going to do the background check and that only Johnson has the authority to decide who is allowed to have a copy of the key.

“I said ‘listen mayor, by state statute in Wisconsin, in this city, you are the head of the police department. You should be ordering the police chief to do the background and approve Susan to have the key as it has always been done,’” Radcliffe said.

Johnson said the strict guidelines are because of the Criminal Justice Information System (CJIS), which includes information that only law enforcement officials are allowed to have access to. The system is on the police department’s main computer and a fax machine located in the office. Johnson said the guidelines for that system are based not on local or state authority, but the Federal Bureau of Investigation (FBI). 

“This isn’t something that we’re making up or need to take lightly,” Johnson said.

After questioning from the council, Radcliffe said, to his knowledge, there were only two keys. Johnson refuted that, saying every sworn officer has a key.

“What you’re being told is absurd to a great extent,” Johnson said. 

“First of all, I did not tell them there are only two keys,” Radcliffe responded. “I said that’s all I was aware of so don’t tell these people that I’m being absurd.” 

“OK, you want to allow me to finish?” Johnson asked.

“No, I don’t think I really want to let you finish, Kent,” Radcliffe responded before saying that what Johnson told the council on April 14 was not accurate. Radcliffe also noted that Johnson did not tell the council that he was refusing to do a background check on Frederixon.  “You told this council that the things that were going on were putting the city in jeopardy that we were jeopardizing the safety of your department and the city… what you didn’t tell these people is that evening you were the one putting your department and this city in jeopardy.”

Johnson said that for Frederixon to be allowed to have a key she would need to undergo a fingerprint background check done by another agency and another background check that he does. While he declined to offer specifics, Johnson said Frederixon would not pass the background check he performs. 

Johnson added that anyone who has access to the key would also have to undergo training. 

Johnson was asked if the computer and fax machine connected to CJIS could be moved into his office and he said there was not enough space, a comment Radcliffe refuted. 

When asked why Johnson did not want Frederixon to have a key, he said “there is no valid reason for her to have it. Beyond that, we can go into closed session.”

Radcliffe said that the council would not be going into closed session on the topic — which was listed only for open session on the agenda.

“It seems to me that we’re beyond absurdity to think that somehow the city clerk for the past 10 years is gonna somehow not be trustworthy and sneak into the city police department and look at CJIS information while nobody is looking,” Radcliffe said. “It’s just so far beyond absurdity at this point in time.”

Council member Chris Ekern suggested having either the Blair-Preston Fire Department chief have the key — noting that the department has keys to the school district building. If not the fire chief, he suggested the Trempealeau County Sheriff’s Department as an option.

“That doesn’t make a lot of sense,” Radcliffe said. “It’s the city’s building. The city administrator, city clerk, city personnel in all cities have access to their police department.”

Johnson refuted that statement.

“This has become tit-for-tat childish nonsense that we’re in,” Radcliffe said.

Johnson said having access limited to members of the department is a common practice.  

“We are not doing anything out of the ordinary, here,” Johnson said. “Nothing at all.”

Radcliffe disagreed.

“I think what is out of the ordinary is that there is some witch hunt that somehow by having somebody have a key they’re going to be using that key to go into the police department and look at information that they shouldn’t be looking at,” Radcliffe said. “I think that’s what the allegation is being made and I think that’s why you (the council) need to put that to bed.”

Johnson said that there have been things missing from the department “that is the result of someone having the key, likely.”

Ultimately, council member Dennis Stephenson motioned for Frederixon and deputy clerk Debbie Fremstad to have access to the key. That motion was approved 4-0 with Stephenson, Paul Syverson, Jill Anderson and Terry Wheeler voting in favor and Chris Ekern and Jeremy Tranberg abstaining because they said they could not decide.