GRAND CHUTE (NBC 26) — .
According to town officials, Downey left his position August 31 in what Town Chair Beth English described as a mutual agreement, making him the third person to serve as administrator in just three years.
His departure comes amidst an ongoing lawsuit between former administrator Jim March and the the Village of Grand Chute challenging his 2022 termination, alleging three town supervisors violated state open meetings laws during discussions that led to his firing.
New lawsuit challenges termination process
According to court documents filed in Outagamie County Circuit Court on October 31, 2024, March is suing the Town of Grand Chute and former supervisors Jason Van Eperen, Jeffrey Ings and Ronald Wolff Jr., claiming they held illegal meetings without proper public notice.
March alleges the supervisors held three meetings on February 11, March 9 and May 2, 2023, where they discussed town business without providing required public notice under Wisconsin law.
According to deposition testimony included in the lawsuit, Michael Koles, a Wisconsin Towns Association official who met with the supervisors, said the officials discussed town personnel issues, March's salary, and a Department of Justice investigation during meetings that were publicly noticed as events where "no town business will be transacted."
"When you have three supervisors discussing town business without a notice of meeting, it's an illegal meeting. That's pretty simple town law," Koles said in his deposition, according to court documents.
Termination meeting notice disputed
According to March's lawsuit, he particularly challenges the May 2, 2023 meeting where he was terminated, arguing the meeting notice failed to inform him or the public that "final action may be taken" and that he had the right to demand an open session, as required by Wisconsin Statute 19.85(1)(b).
March claims neither he nor two other town supervisors, Brad Gehring and Beth English, were properly informed about the potential for final action at the May 2 meeting.
March initially filed a complaint with the Outagamie County District Attorney's office on October 7, 2024, and filed the civil lawsuit after more than 20 days passed without action, as permitted under state law.
Federal lawsuit continues separately
According to federal court documents, March had previously filed a separate federal lawsuit in May 2023 alleging wrongful termination, claiming he was fired in retaliation for testifying about Supervisor Ron Wolff's landscaping business receiving a $26,865 state contract after Wolff joined the board.
According to court records, prosecutors charged Wolff with a felony in July 2023 connected to his business dealings with the state, though a jury ultimately acquitted him of the criminal charges in March 2024.
Town Chairman Jason Van Eperen lost his reelection campaign to Beth English, while Wolff decided against seeking another term and Supervisors Walt Nocito and Jeff Ings also left the board.
Administrative instability continues
According to town records, Downey's resignation means the administrator position has been filled by four different people since 2022, creating continuity problems for municipal services and strategic planning.
According to meeting records, the board met September 2 to discuss appointing an interim administrator and beginning the search for a permanent replacement.
According to March's new lawsuit, he is asking the court to void his termination and assess forfeitures against the defendants as provided under Wisconsin's Open Meetings Law, while also seeking attorney fees and costs.
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