An area resident has filed an ethics complaint against the chairman of the Vilas Board of Supervisors for comments he made regarding a referendum on Eagle River City Council term limits set to be on the ballot this November.

Eagle River city resident Kathryn Craffey sent the complaint to both the ethics and election offices for the state of Wisconsin after speaking with state officials.

According to the complaint filed Sept. 25, Craffey alleges the comments made by Burkett violated Wisconsin Statute s. 12.05, which states, “No person may knowingly make or publish, or cause to be made or published, a false representation pertaining to a candidate or referendum which is intended or tends to affect voting at an election.” She also cited Chapter 11, including s. 11.1205 regarding the use of government materials and county resources to influence an election.

Burkett had previously served on the Eagle River City Council but resigned from his seat July 23 after nearly 30 years. He still serves on the Eagle River Union Airport Commission.

He used his chairman’s comments portion of the Sept. 22 county board meeting to oppose the city’s term limit referendum, stating in front of the 17 other county board supervisors in attendance, department heads, the county clerk, county corporate counsel, and public attendees that, “I pray that the term limits in Eagle River, and next Vilas County, are voted down.”

Burkett said if the term limits pass in Eagle River, they are likely to come to the county level next. He warned that “you people are next,” referencing those who have served on the county board for an extended amount of time, adding that “if this works in Eagle River, 75% of you will no longer serve on this county board.”
Burkett also commented that during his chairman’s comments he could “talk about anything,” stating, “I talked to Josh (Crownover, corporate counsel) who said you just can’t engage in conversation.”

Complainant statement

Prior to filing the official complaint, Craffey sent a cease-and-desist email to Vilas County Corporate Counsel Josh Crownover, new Eagle River City Attorney Nathan Miller, and outgoing Eagle River City Attorney Steve Garbowicz, indicating the Wisconsin Ethics Commission told her the comments were prohibited by public officials.

“I have been advised by the Wisconsin Ethics Commission today (Sept. 23, the day after the county board meeting) that a public official using government resources to promote or defeat a referendum is prohibited and particularly, at government meetings, officials should not take a position, and that using government resources and time to electioneer while supervisors are being paid per diem disallows an official to publicly articulate a position for or against a ballot referendum,” Craffey stated in her email.

She also mentioned that the referendum is currently listed on the ballot in Eagle River, and absentee ballots have already been distributed to local voters.

Referring to the Vilas County employee handbook, Craffey’s complaint also alleges that county staff have used county time to perform political duties, which is against policy. As secondary examples, Craffey cited a July committee discussion involving a petition on county levy limits and staff commentary during a May discussion regarding the sale of the Riverside Park property.

Responding to the complaint

In a phone call with the News-Review, Burkett called the complaint “baseless,” stating he relied on advice from Crownover and noting he is no longer a member of the city council.

Burkett added that as of Oct. 2, he had received no official correspondence from the state regarding the filing. He noted this is the first complaint he is aware of being filed against him in his 30 years of public office.

“I said what I thought I should say,” Burkett said, reiterating his belief that term limits harm voters by eliminating experienced leadership. “I have a lot to offer; a memory, three decades of service to help solve problems we face every month. I want to leave Vilas County and the city of Eagle River a better place than it was when I was elected.”