Evidentiary hearing to take place next week at Senior Center
By Michael S. Hoey
Correspondent
Darien emergency medical services Chief Eric Sladek was removed June 18 as chief and suspended from the EMS Board of Directors for 30 days. The Darien EMS Department serves the village and town of Darien.
Board of Directors member Molly Jo Baars informed the Village Board on June 20 that the board had voted to remove Sladek as chief and suspend him from the board at a meeting June 18. First Assistant Chief Cheri Krueger was subsequently named interim chief. Neither Baars nor Krueger responded to requests for comment.
Meeting minutes for the meeting June 18 state that a disciplinary hearing for Sladek was held in open session at Sladek’s request. The hearing was originally scheduled as a closed session meeting. Sladek also did not respond to a request for comment.
“I am transparent in any and all actions I have taken as the chief of Darien emergency medical services and deny any ethical, procedural, or criminal wrongdoing,” Sladek wrote in an email acknowledging receipt of the hearing notice that was obtained via an open records request.
Sladek received a notice of the meeting and the violations he was being charged with before the meeting, according to the minutes. The charges include violations of department policies regarding department organization and the job description of the rescue chief, the department policy organization chart, a review of department rules and regulations, the member code of ethics and department representation.
According to the minutes, the following statement was made after the charges were read into the record, though it was not attributed to anyone: “We as the Board of Directors feel that the above charges prove that the Darien EMS Department is not running as a democracy. The actions of Eric Sladek mentioned above demonstrate his inability to operate and manage the Darien EMS Department as the rescue chief. The Board of Directors does not question Eric Sladek’s competencies as an AEMT for the Darien EMS Department.”
The board had no discussion. Baars made the motion to have Sladek removed as chief and have his membership on the board suspended for 30 days.
Steven Harvey, Sladek’s attorney, who also did not respond to a request for comment, told the board that Sladek denies the allegations and he requested a full evidentiary hearing to defend himself. Baars informed Harvey that the appeals process for the department allows Sladek to argue the charges against him at a joint meeting of the village and Town boards. Village Administrator Rebecca Houseman LeMire said that meeting will take place at 7 p.m. July 21 at the Darien Senior Center in open session.
Harvey objected to the board of directors having the ability to suspend Sladek and to the proceedings in general because he believes they violate the Wisconsin Open Meetings Law. Harvey said Krueger, Baars, Joleen DeBuck, Guy Legan and Nellie Peck signed the suspension notice issued to Sladek meaning they either met and created that document or held a walking quorum to create it. He said that document was the origin of the proceedings, therefore the proceedings were being conducted as the result of an open meeting law violation.
Harvey said Sladek can object based on that, and, if he does, he could be entitled to attorney fees related to that violation. Harvey asked that the proceedings be dismissed and treated as required by law.
“At this time, the Board of Directors can acknowledge that we have done nothing wrong to violate the open session violation that he is suggesting or failed to operate in some type of quorum that he has also stipulated,” Baars said, according to the minutes. “We have evidence and witnesses to ensure that any violation of quorum was met prior to the discussion and decisions that have been made by the Board of Directors at this point in time.”
The minutes reflect the board found Sladek’s appeal to be unfounded. Harvey said he believed the board should have held a hearing that night. He said no testimony was taken and Sladek was not given the opportunity to explain his conduct or mount any defense. Harvey cited a line in the department appeals process that he believed implies someone who is appealing has the right to testify and he asked that Harvey be allowed to confront the allegations against him at this meeting.
“It is not Sladek’s duty to establish a defense,” Harvey said. “It is the board of director’s duty to establish that he has violated these policies.”
Harvey said Sladek reserves the right to mount a defense pending evidence provided against him with an opportunity to cross examine such evidence. The board requested that take place at the meeting before the village and town boards per the department’s appeals process. Harvey said he believes the proceedings lacked the grounds to suspend Sladek and the claims should have been dismissed.
“I deny doing anything wrong and have done everything in the best interest of the community,” Sladek was quoted as saying.
“Sladek further indicates he has not been given an opportunity to talk to anybody about this through the course of an investigation,” Harvey said.
Baars restated her motion to remove and suspend Sladek and it passed unanimously. Krueger was named interim chief until nominations for chief are made at the July 11 EMS business meeting and voted on in August.
“The membership stands behind the decision of the board of directors,” Krueger said in an email to LeMire and others obtained via open records request. “The department has a common goal to do what is best for our community.”
