Vilas County board fails to pass resolutions related to potential recall of elected officials

On an 18-2 vote, the Vilas County board last week rejected a resolution calling for support for a recall of Beth Soltow, the county’s circuit court clerk.

The board also tabled another resolution to support a recall of Vilas County judge Daniel Overbey, who was elected in April 2022.

The tabling was suggested by Overbey in a letter to the county board. 

“I ask that you table your resolution and allow the Judicial Commission to do their job,” he wrote in the letter dated June 24. “If you are not satisfied with their decision, you can bring your resolution back for a vote.”

That could happen as soon as the next regular county board meeting in August. 

A newspaper story in May of 2024 about an “alleged affair” between Soltow and Overbey prompted Vilas County board chairman Jerry Burkett to call for something to be done. He made that clear during the May 28 meeting of the county board when he expressed his displeasure as to impact the situation was having on courthouse staff. 

“What people do in their private lives is their business,” Burkett said toward the end of that meeting. “I don’t have to approve but I don’t care. The only time I care is when it affects, and I’ll say this, my courthouse and the work that goes on here.”

In the days leading up to that meeting, he said he’d been contacted by people asking him what was going to be done about the situation. He didn’t mention Soltow and Overbey by name. 

“I will tell you that against elected officials, I have no jurisdiction and a call was placed to a higher authority to no avail,” he said. “So, if the work environment is affected anymore, I’m prepared to put a topic on next month’s meeting (agenda) because the jurisdiction falls to you, the voters ... and if there isn’t a resolution to this unnamed, unclaimed situation, I will ask the county board and any citizens that would like to be involved, to start a recall because a recall has jurisdiction.”

Burkett’s comments at the May meeting set the stage for the  June meeting where the Soltow/Overbey situation was addressed over the course of just over 60 minutes. 

‘Yes, I had an affair’

Early in the June 25 meeting, during public comment, Burkett gave Beth Soltow, who was accompanied by her husband, Dale, the floor. 

Soltow said she’s been clerk of court since December, 2017, when she was appointed by Judge Neal A. Nielsen and “elected by the citizens of Vilas County in 2018 and 2022.”

“I care very much about my county, about my office and about the judicial system,” she said.

She then paused and through tears acknowledged the affair. 

“Yes, I had an affair,” Soltow said. “I would never deny that. To the people who were praying and kind enough to send texts ... yes, I hurt people. Personally and professionally.”

In November, 2023, the affair was “disclosed to my husband, Dale,” she continued.

“It was difficult and then my world would come crashing down,” she said.

Soltow said a few days after the disclosure, she met with the deputy court clerk and Milanowski. 

“Judge Milanowski asked me with concern if I was resigning and that she didn’t want me to resign,” Soltow told the board. “She stated I’m a great clerk. I have never been derelict in my duties.”

At that point, Soltow began urging the county board to not approve the resolution recommending a recall.

She noted that in January 2023, there were a number of new court clerks in the ninth district “and throughout the state.”

“I was asked, and agreed, to mentor these new clerks within our district and I have been doing so since January, 2023. Still, to this day, I am still doing that, mentoring these new people that come aboard,” she said.

Soltow then addressed Burkett directly, saying she’d asked “on several occasions if you wanted to speak about this because I never intended to keep anything from anyone about this, ever.”

“I wanted to discuss the situation in full with you,” she said. “Because I care. You stated that it’s personal business, we all make mistakes, I’m a good clerk of courts and you didn’t feel a need to discuss it ... I’ve been wanting to discuss this past situation. However, nobody wanted to take notice until the article was printed in the paper.”

That was a reference to the May 22 edition of The Vilas County News Review.

“I also had requested a meeting with you, Mr. Burkett, along with my husband, Dale, who is also an employee of the county just prior to the newspaper article,” Soltow said.

Dale Soltow is a lieutenant with the Vilas County Sheriff’s office.

“I was completely unaware of when this article was going to be (published),” Beth Soltow said. “I knew it was coming, I always suspected it to be coming. I expected it sooner, not seven months later.”

She said Burkett initially agreed to a meeting but then withdrew, “stating you must recuse yourself from my troubles.”

Burkett didn’t respond at that point. Later in the meeting he explained that while there may have been intentions for Beth Soltow to meet and discuss the situation with him, that never happened. 

Soltow said she’d been advised by the county’s human resources director, Kris Braynack, and its previous corporation counsel, Jack Albert, that the county “does not investigate me.”

“Corporation counsel stated this when I requested guidance on a records request from The Vilas County News Review in December: I did not have the information that was requested and I believe I responded appropriately.”

Overbey addressed the open records issue in his June 24 letter to the county board, he also spoke to the open records request, mentioned in the resolution recommending his recall.

“The resolution also says I did not respond to the open records request,” he wrote. “The newspaper (News Review) issued a correction that I had, in fact, responded to their request months ago. I received a very narrow and specific request and had no documents in my possession that were responsive to it.”

‘We’ve been healing’

As Soltow continued with her commentary, she made the case that people, including Burkett,  know her character and that she wouldn’t treat her own staff “or another office’s staff with cruelty.”

“I am a leader and I strive to create leaders,” she said. “I encourage everyone to see their full potential. There are many things brought to my attention that are unknown to me, including the alleged treatment of staff in Branch II following judge Overbey’s staff leaving. My staff did not leave. My staff has stuck with me on this. That treatment is something that I was not witness to nor would I tolerate it. I care about those people.”

Soltow said since the disclosure of her affair with Overbey in November, she’s “repaired relationships including my staff.”

“I believe the situation was more personal with my staff due to the fact that not only had many of us worked together, when I was in the sheriff’s office I worked with one of them who also worked with Dale, my husband, and had been our friend.”

Soltow mentioned when she’s away from the office, she receives texts from people in her office saying “We miss you” and post-it notes of encouragement have been on her desk.

“Does that sound like staff that I’ve been cruel to?” she asked. “As a team, we’ve become stronger and I refuse to give up for their sake.”

Soltow then broke down and said she was sorry. 

“To my husband, my family, my friends, my staff, to Judge Milanowski and all judicial staff and to all of you here and to the citizens of Vilas County,” she said, through tears. “I have been, and will continue to be, the clerk of courts that Vilas County deserves.”

Soltow then went back to media coverage related to the resolution before the county board regarding her recall, stressing that the first newspaper article appeared seven months after the disclosure of her affair with Overbey.

“Seven months I have been attempting and open to discussions with no avail,” she said. “I have been hushed while attempting to tell my side of the story. I’ve been told, ‘Be careful what you say.’”

Soltow said over the course of the past several months, she’s been encouraged by her husband, her staff and Milanowski not to give up.

“When it comes to my office, the chief deputy and the deputy clerks, are the most important things to me,” she said, adding that she would speak with them and answer any questions. 

“Based on the information I have provided and the lack of information you have, I urge you to vote no to Resolution 2024-42,” Soltow said. 

Burkett then gave the floor to Dale Soltow, who was off-duty from the sheriff’s office and dressed in civilian clothes. 

Once Dale Soltow got to the podium, Burkett asked him if he was armed. 

“No,” Soltow answered. 

“I’ve expressed this very moment to the sheriff,” Burkett said. “More than once that both you and the judge have the ability to carry in the courthouse and I do not. Is this true, Sheriff Fath?”

Vilas County Sheriff Joe Fath, sitting toward the back of the room, answered yes. 

“Now, I’m 25 feet away,” Burkett said to Dale Soltow. “A blind man could hit this target.”

“I’m sorry that you’ve expressed any concern ike that,” Soltow said. “There is no concern from me, ladies and gentlemen of the board.”

“Will you introduce yourself?” Burkett asked. 

“I’m going to,” Soltow said and he did, telling the county board he was attending the meeting to urge them to vote no on the resolution as his wife had. 

“The resolution is based on allegations from the local newspaper that reported many false facts,” he said. “Unfortunately, many of these false facts are in the resolution.”

Soltow said he loves his wife and that “my marriage has never been stronger and I wholeheartedly forgive her.”

“We’ve been healing from this for over a year,” he said. “We have learned the hard way what happens when you let the wrong people into your life.”

‘We are not recalling’

After Dale Soltow’s comments, Burkett exercised his discretion as county board chair and moved to the agenda items in question, the resolutions supporting the recall of Soltow and Overbey.

Burkett began by mentioning his efforts to reach out to Beth Soltow about the situation that he said were unsuccessful and then, in an apparent effort to counter claims that the situation had caused problems in the Vilas County courthouse, he polled five different department heads — county finance director Darcy Smith, Braynack, corporation counsel Chad Lynch and county clerk Kim Olkowski and Fath — asking if they were in favor of proceeding with recalls. 

Each one answered in the affirmative.

Burkett then told the rest of the county board he’s knows that people have been waiting for him to say what was going to be done. 

“I have prayed about this,” he said “I have spoken to my pastor about this. I’ve asked God to show me the way. Now, let’s talk about this resolution. We are not recalling Beth Soltow nor are we ever going to recall Beth Soltow. Because of her elected status and what I will call the lack of movement from a higher authority, or even a response to me. I do this with a heavy heart and if we recommend a recall, somebody else is going to do it. The county is not.”

Burkett, however, ran into opposition once he got input from the other 19 county supervisors.

The consensus was, essentially, Beth Soltow is a competent clerk of the circuit court and as long as her office is running as it should, there was no support for a recall. 

The vote on the resolution to support a recall of Soltow failed 18-2 with Burkett and county supervisor Lake Edwards voting for it. 

The resolution for support of Overbey’s recall was tabled, as requested in his letter. 

Brian Jopek may be reached via email at [email protected].