Smoking ban exemption angers citizen group, frustrates council
During the last meeting of the Oshkosh Common Council it was learned that a specially-appointed attorney to represent the city in a lawsuit with the Hilton Garden and its operators was quietly settled some three months or so ago and the hotel bar given a permanent exemption to the city's smoking ban; but the city manager, nor Common Council members, were ever informed of the settlement. Evidently, the first time anyone heard anything about the settlement was when two members of Breathe Free Oshkosh brought it up during Citizen Statements.
It should be pointed out that city attorney Warren Kraft did not represent the city in this matter because of the possibility he could be called as a witness, hence the need for special counsel. And it is, as I understand it, up to the sole discretion of that special counsel to be able to negotiate a settlement, and he did just that. The reasons for his decision were outlined in a letter by Mr. Kraft to city manager Richard Wollangk, which can be found along with more information on the suit and settlement in this article from the Oshkosh Northwestern.
I have not yet had a chance to read everything associated with this matter, but my concern is the lack of information once again being provided to the Common Council (and others at City Hall) in matters of such importance. The appointed counsel knew about the settlement, obviously, as did the city health director Paul Spiegel. But why was the city attorney or city manager not informed? Why did neither of them bother to inquire about the progress of the case? Why was the Common Council not apprised of the situation - once again?! And sorry, but lame excuses like "We don't hear about every traffic case that's settled," etc., just don't cut it. To compare a traffic ticket to one of the most controversial, devisive issues this city has seen in some time is preposterous; and frankly, whether you call it, laziness, ignorance, ineptness, unaccountability or selective memory, we have a right to expect - and should be demanding - more from such well-compensated people in positions of management at City Hall.
This subject, by the way, will be the topic of an upcoming "Eye on Oshkosh." Stay tuned for details on when it will air.
It should be pointed out that city attorney Warren Kraft did not represent the city in this matter because of the possibility he could be called as a witness, hence the need for special counsel. And it is, as I understand it, up to the sole discretion of that special counsel to be able to negotiate a settlement, and he did just that. The reasons for his decision were outlined in a letter by Mr. Kraft to city manager Richard Wollangk, which can be found along with more information on the suit and settlement in this article from the Oshkosh Northwestern.
I have not yet had a chance to read everything associated with this matter, but my concern is the lack of information once again being provided to the Common Council (and others at City Hall) in matters of such importance. The appointed counsel knew about the settlement, obviously, as did the city health director Paul Spiegel. But why was the city attorney or city manager not informed? Why did neither of them bother to inquire about the progress of the case? Why was the Common Council not apprised of the situation - once again?! And sorry, but lame excuses like "We don't hear about every traffic case that's settled," etc., just don't cut it. To compare a traffic ticket to one of the most controversial, devisive issues this city has seen in some time is preposterous; and frankly, whether you call it, laziness, ignorance, ineptness, unaccountability or selective memory, we have a right to expect - and should be demanding - more from such well-compensated people in positions of management at City Hall.
This subject, by the way, will be the topic of an upcoming "Eye on Oshkosh." Stay tuned for details on when it will air.
posted by Cheryl Hentz at 6:45 AM
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