(Published Thursday, May 10, 2007 10:52:44 AM CST)
A d v e r t i s e m e n t
By Ann Marie Ames Gazette Staff
DARIEN
The Walworth County District Attorney's office is investigating whether Darien trustee Geralyn Truckey broke election laws in April.
Truckey was re-elected April 3, but some questioned whether she moved out of the village before the election. Truckey has since refused to share her address, citing personal safety, and more than a month later, the issue is still under investigation.
-- What's the problem?
Officials in the village of Darien became concerned in April that Truckey had moved out of the village. Wisconsin statutes require elected officials to live in the municipalities they serve.
-- What happened?
In April, the village hired Madison attorney Mark Hazelbaker to investigate whether Truckey was qualified for her seat. Truckey did not respond when he asked where she lived, Hazelbaker said.
But state statutes defining residency are vague, Hazelbaker said. At a village board meeting packed with Truckey supporters and oppo- nents, he recommended the village swear Truckey into office.
If the board or a citizen had a concern about Truckey's eligibility, a group or individual could request an investigation by the Walworth County District Attorney or the Wisconsin Attorney General.
Truckey was sworn into office April 16.
-- What's new?
It turns out someone did have a concern, and Walworth County Assistant District Attorney Dennis Krueger is investigating.
Former trustee Jim Hensch, whose last night on the board was April 16, sent a letter to the district attorney's office requesting the investigation.
Krueger said his job is to decide whether Truckey was required to amend her declaration of candidacy.
"All I will determine is whether or not she provided a current mailing address and whether or not it changed between the time she filed and time she was elected," Krueger said.
The maximum penalty for the violation is $500. If Krueger determines Truckey violated statutes, she still would be eligible for her office.
-- What's not going to happen?
The Wisconsin Attorney General declined Hensch's request to investigate whether the village board broke the law when it followed Hazelbaker's recommendation and swore Truckey into office.
Hensch previously told The Janesville Gazette he thought the former board-which included him at the April 16 meeting-should have taken action on the issue.
"While we acknowledge the importance of ensuring that a successful candidate is in fact eligible to hold local office, the attorney general is disinclined to become involved in such local disputes unless the circumstances present a matter of statewide significance or involves a higher-level position," Paul Barnett, assistant attorney general, wrote to Hensch.
Barnett said Hensch could hire an attorney himself or pursue a recall election.
Hensch declined to comment about the attorney general's decision or say if he would hire an attorney.
Truckey declined to comment on the attorney general's or district attorney's decisions.
