Lac du Flambeau town board seeks legal advice on ‘conflict of interest’ amid heated dispute

During a special meeting on June 26, the Lac du Flambeau town board decided to consult with the attorneys at the Wisconsin Towns Association (WTA) regarding clarification of the term “conflict of interest” on the part of an elected official as it relates to town business. 

The decision was prompted by back-and-forth between town supervisor Bob Hanson and town resident Dennis Pearson that got contentious. 

Pearson owns property on East Ross Allen Lake Road, one of four roads that are the subject of a dispute between the town and the Lac du Flambeau Band of Lake Superior Chippewa Indians.

The conflict, which is the result of expired easements over tribal land, began in January 2023, 

Pearson brought up the issue in comments made during a May 31 town board meeting which Hanson didn’t attend. 

“Some of them (comments) were toward supervisor Hanson,” town chairman Matt Gaulke said. “He has the ability now to reply.”

“I’m hung up with people misrepresenting that they are answering for the board,” Pearson said, a reference to comments he’d made during a June 12 town board meeting. “I believe board members need to answer for themselves. I’m also hung up because we’re not using (town) email addresses but personal or private emails to conduct town business. I do believe that would make those emails subject to open records requests.”

He said he intended to file an open records request for Hanson’s emails. 

“So we can understand what’s transpired,” Pearson said. “For the town, we can start with a clean slate.”

Pearson then said he didn’t believe family members “should be responding to any emails related to town business.”

“That’s for you guys to decide,” he said. “You have a fiduciary responsibility to the town and each other to make sure that stuff’s being released in a proper manner and comments made. Anybody can come to this meeting and get on the agenda and make any public comment they want. That’s what this is for. Not to be transpired through email.”

Pearson’s comments were with regard to Hanson’s wife, Dedie. 

At the June 12 meeting, Hanson, a retired attorney,  defended what his wife does for him. 

“Because for the last 30 years, my wife has been my gatekeeper, my paralegal, my practice manager, my supervisor,” he said. 

“We didn’t elect her,” Pearson responded during the June 12 meeting. 

Last week, that conversation picked up where it left off. 

“Let me understand what you’re saying here, Mr. Pearson,” Hanson said. “You’re saying there’s a conflict of interest involved here? Is that what you’re saying?”

“Yeah,” Pearson said. “A conflict of interest is an attempt to realize personal gain through personal conduct,” Hanson said. “What personal gain has anyone realized?”

“I don’t know,” Pearson said. “Maybe the open records request will point that out. Maybe conflict of interest is the wrong term. We can weasel-word it all we want.”

“I’m not weasel wording,” Hanson said. “You’re throwing the words out ... you’re not trying to understand what you’re talking about.”

“Nobody should be responding for you on town information,” Pearson said. “You should respond yourself.”

“You’re telling me you should be able to micro-manage my office and tell me who gets to handle documents in my office,” Hanson said. “I’ve been running that office for 35 years and my wife has been my assistant, my paralegal, my office manager for all that time and she has handled confidential documents on a regular basis and she knows what confidentiality is about and respects it.” 

Quit rolling your eyes, please,” he added.

“She has not received any documents from closed session,” he continued. “She does not get anything from closed session. That I withhold from her until it becomes public if it ever does become public. If it doesn’t, we shred it. We’re careful about those things.”

Pearson did another eye roll in response to Hanson’s comments. 

“Is there something wrong with your eyes?” Hanson asked.”

“No, I was just thinking,” Pearson said. “Don’t worry about my eyes.”

“OK,” Hanson said. “You’re rolling them up in your head like there’s something bad going on there.”

“I find it hard to believe she’s not getting confidential information when your email’s on her laptop or her iPad,” Pearson said. 

“Mr. Pearson, it’s my office,” Hanson snapped back. 

“We didn’t hire your office, Bob,” Pearson said. 

“What?” Hanson asked. 

“We didn’t hire your office,” Pearson told him. “We hired you.”

“You hired me and when you hire me, you get my office along with me because that’s how I do business.”

That comment from Hanson drew a resounding “No” from town residents at the meeting. 

“Well, OK, if you want to come over and micro-manage my office, I’m not going to put up with that,” Hanson said. 

After Hanson clarified what fiduciary means for Pearson, Pearson laid it out for Hanson. 

“Here’s what I want, Bob,” Pearson said. “I want you to answer your emails, I want you to have a town email and I want your wife to stop answering emails ... she can put whatever she wants on social media. She should not be answering for you on town-related stuff and you shouldn’t be telling other members of this board to stay in their lane when we’re having conversation because all of your lanes is everything related to the town.”

Following several minutes of continued discussion regarding email addresses, the town board ultimately passed the motion Cobb made to consult with the WTA about conflict of interest.

Before he seconded the motion and Gaulke called the question, Hanson indicated reluctance. 

“Let’s waste some more time on it,” he said. 

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