The Vanguard

Trustee McDonald Cited Again by Menomonee Falls Police for Alcohol Related Offenses and Obstructing an Officer

Posted by Jefferson Davis on July 1, 2009

Happy 4th of July

In spite of what some are saying about our great country while constantly trying to tear America down under the guise of apologizing, environmentalism, fairness, equality and redistribution, America is without question the greatest, most caring and most giving country in the world in spite of those in the political and media circles who try to convince us on a daily basis that America isn't the greatest country in the world.

We're Americans, we know better and we will not let America be taken away from us by the select few.

Instead of creating ways to criticize and demean America, let's reflect on what has made America the greatest country in the world through the eyes of our founders and what they did for us to give us the privileges we enjoy today with the following historical documents that laid our unmovable and unshakable foundation unless, of course, evil is allowed to triumph because good people do nothing to protect our country as we build on making a better and more stronger America instead of a weaker and more compromised America:

• Federalist Papers (http://en.wikipedia.org/wiki/Federalist_Papers)
• Declaration of Independence (http://www.ushistory.org/Declaration/) 
• Bill of Rights (http://en.wikipedia.org/wiki/United_States_Bill_of_Rights)
• U.S. Constitution (http://www.theusgov.com/the%20constitution.htm)
• Star Spangled Banner (http://en.wikipedia.org/wiki/The_Star-Spangled_Banner)
• Pledge of Allegiance (http://en.wikipedia.org/wiki/Pledge_of_Allegiance)
• American Flag (http://en.wikipedia.org/wiki/Flag_of_the_United_States)

Enjoy the 4th of July with your family, friends and neighbors.  Attend the Menomonee Falls Parade and Fireworks on July 3rd starting at 7:00 P.M. on Appleton Avenue and Pilgrim Road.  Celebrate our great country and it's independence!

And now.............Heeeeeeeeeeeeeere's Trustee McDonald

In a repeated and very familiar pattern of behavior, Trustee Mike McDonald was once again cited by the MFPD (Menomonee Falls Police Department) on alcohol related matters in the very early hours of Friday morning, May 29th, involving a Menomonee Falls establishment that Trustee McDonald frequents regularly and is required to vote on their business proposals and liquor license renewals after a citizen contacted the MFPD with a "serious concern" about Trustee McDonald's "severely compromised ability" to drive home.

More on this incident later.

Trustee McDonald was arrested and convicted on a similar matter in 2003.

More on that matter later as well.

The Vanguard has been given copies of Trustee McDonald's Police and Court Reports from 2003 and 2009 for alcohol related arrest, citation and conviction matters which will be explored in detail later.

No one could possibly wish what has happened on anyone especially the innocent people who have unfortunately and unnecessarily become involved because of the careless behavior of Trustee McDonald.

It is hoped that Trustee McDonald will get or will be ordered to get professional help from the courts because of this repeated pattern of behavior before someone is tragically hurt that are innocent.

People that repeat this type of behavior are screaming for help and unfortunately are often times enabled to continue on by those who are the closest to them.

Let's hope that is not the case this time for Trustee McDonald.  Let's hope he gets some help and will truly and sincerely change his life to protect others and himself from this ever happening again.

Menomonee Falls deserves better from their elected officials than to constantly having to concern themselves with what their elected officials are up to and are citizens being protected from them and their behavior.

Sitings of Trustee McDonald at Local Watering Hole Establishments in a Repeated Compromised State

Numerous contributors to The Vanguard have confirmed Trustee McDonald's apparent public pattern of compromised behavior with numerous sitings of Trustee McDonald in an apparent "compromised state" at some of the following Menomonee Falls establishments over the years:

• Su Casa
• Trysting Place
• North Hills Country Club
• DeMarini's
• Pepino's
• Mojo's Steakhouse
• Maiden Voyage

Trustee McDonald is nearly 60 years old and has been on the Menomonee Falls Village Board for nearly 20 years.

Trustee McDonald is up for re-election to the Menomonee Falls Village Board in less than 5 months.

Trustee McDonald is a local favorite and is apparently given a "free pass" by his fellow Village Board Members and voters in spite of his continued and repeated questionable, criminal and illegal behavior because he "votes the right way" for defeated local referendums, Village Budgets, employee contracts and agreements for the benefit of "selected" businesses and non-profits, but not necessarily voting the right way for the taxpayers who pay his salary and benefits each year.

Trustee McDonald Subject of Numerous Controversial Matters Over the Years

Because of his apparently often "compromised state", Trustee McDonald has been the subject of many controversies while serving as a Village Trustee that include, but are certainly not limited to the following:

• Trustee McDonald's wife, employed by the Menomonee Falls School District, uninvitingly attended a private event for a fellow Village Board Member in 2004 while wearing a secret recording device in a private area of her body which she later gave a copy of her taping of the event to the press in an attempt to help her husband get re-elected to the Village Board.
• Trustee McDonald, in response to citizen's concerns about the lack of promised parks and recreation facilities for the Creekwood Crossing Area on the Village's South side, was taped at a Planning Commission Meeting in 2003-04 as saying something to the effect, "...we don't have the resources for this and "people" from the City of Milwaukee have been known to compromise the safety of children in public parks and we don't want any of that in Menomonee Falls."  It was later learned that Trustee McDonald made it all up on the fly about the "people" from the City of Milwaukee and that he simply worked with the former Village President to jam as many homes as possible into Creek wood Crossing to expand the tax base in lieu of the promised and planned parks and recreation facilities. 
• Trustee McDonald attempted to get cash from a Main Street businessman in exchange for his vote on the Village Board for the businessman's proposal in 2005-06. 
• Trustee McDonald personally tried to kill a business proposal for a prominent, highly successful and ethical businessman from the City of Milwaukee with an ethnic background that Trustee McDonald did not like or want in Menomonee Falls.  The businessman contacted the former Village Manager and Village President wondering if Trustee McDonald had a "problem" after the businessman spent an inordinate amount of time with Trustee McDonald seeking answers as to why Trustee McDonald he was so adamantly opposed to his proposal.  The businessman later pulled his proposal only to have Trustee McDonald approve virtually the same business plan for the same location for someone of a different ethnic background.  
• Trustee McDonald "fired" the Benefit Analyst for the Village in 2006 for what the former Village Manager described to the "fired" Benefit Analyst were for "pure political reasons" when the Benefit Analyst had greatly improved the Village's Health Care Plan at a much lower cost to the taxpayers who at the time were paying 95% of the Village Employee's Health Care Premiums that were approaching nearly $3,000,000 a year.
• Trustee McDonald greatly challenged Woodman's Grocery and their business acumen about coming to Menomonee Falls before ultimately voting in favor of their business proposal in 2009.
• Trustee McDonald voting to extort a businessman out of his 50 acres of swampland in exchange for approving his business proposal costing taxpayers about $170,000 in 2004 and Lord knows how much to the businessman whose project was delayed for nearly 4 years and it took over 4 years for the Village to pay the businessman for his property.
• Voted to deplete the taxpayer's surplus account by nearly $4,000,000 over the last several years without any apparent explanation while for the longest time maintained that it would lead to financial ruin if the account was depleted at all because it was needed for "emergencies" which of course didn't exist and were simply made up by the Trustee.
• Voted to give a non-competitive, no-bid contract of nearly $1,000,000 to one of his favorite non-profit groups at taxpayer's expense.  
• Voted to give Falls Fest the old theater from Marcus Corporation on Main Street at a 75% discount in exchange for the approval of 4 new screens for Marcus in 2003 at their new complex near Home Depot and Applebee's.
• Told homeowners in Creekwood Crossing in response to their request for a "tot lot park area"  they were originally promised by the developer and Village that, "...if you can afford homes like this, you don't need a park, you can afford your own playground equipment."
• Tried to block the request of Falls Baptist Church for some variations to their church and school complex by saying of the pastor something to the effect to fellow Village Board Trustees between Village Committee Meetings in 2003-04, "...he's the kind of guy that it wouldn't surprise me if you woke up on a Monday morning to find out that he ran off with all of the money from the collection plates."

Of course the 4 local newspapers have been made aware of all of these news stories and for some inexplicable reason won't touch any of these news stories.

Normally when incidents of this nature occur involving an elected official who is sworn to uphold the laws of various governmental levels, it is considered news and the numerous matters referred to above are explored in great detail, but not in Menomonee Falls for some unknown reason.

Trustee McDonald's 2003 Alcohol Related Complaint, Arrest and Conviction Examined

The Vanguard will not rehash the entire 2003 complaint, arrest and conviction of Trustee McDonald, but will simply "highlight" the more pertinent matters of the case as follows:

• Citizen contacts the MFPD about a vehicle (Maroon SUV Dodge Durango License Plate TH-285 belonging to Trustee McDonald) driving erratically near North Hills Country Club on Friday night, June 6th around 12:00 A.M. on the eve of the Lombardi Golf Classic at North Hills Country Club where Trustee McDonald is a member and volunteer for the event.
• The citizen, in a signed statement to the MFPD, noticed the SUV repeatedly swerving in his lane nearly hitting another vehicle and curb numerous times.
• Trustee McDonald abruptly came to rest nearly in the middle of the Appleton Ave./Pilgrim Road intersection at a red light.
• Citizen asks the occupants of the other vehicle near Trustee McDonald if they knew the Police Department's Phone Number and eventually got it by calling 411.
• Citizen follows Trustee McDonald to his residence on Schneider Drive near the YMCA out of concern of him hitting someone or something because of his apparent compromised state.
• During this time the citizen estimated that Trustee McDonald was traveling approximately 60 miles per hour in a 25 mile an hour residential speed limit zone.
• MFPD Officers arrive at Trustee McDonald's residence on Schneider Drive near the YMCA to find Trustee McDonald's SUV in his driveway with the grill still warm.
• Officers approach the front door to be greeted by Trustee McDonald's daughter and asked to see the owner of the vehicle parked in the driveway.  The daughter gets her father who appears before the officers in his "blue hospital scrubs" and motioned to meet with the officers in front of his house outside.
• Trustee McDonald repeatedly demanded to know from the officers who called them and the officers said that wasn't important at the time.
• Trustee McDonald then angrily threatens the officers and demands their names and badge numbers. 
• The Trustee then volunteers without any questions being asked by the officers that he had been asleep for about 6 minutes before they arrived at his house and that his wife, Nancy, had followed him home from Trysting Place and that he wasn't driving erratically.
• The Trustee admits to driving the SUV and he is observed by the officers as having "glassy and bloodshot eyes", having a "slurred speech" and having the "odor of intoxicants" from his mouth and person.
• The Trustee admits to having one beer at Trysting Place and none at home.  He was very interruptive and argumentative during the entire interview process.
• He wants to Contact Police Chief Jack Pitroff.
• Officers repeatedly request a field sobriety test at which time the Trustee becomes even more angry in a loud and raised voice that this is "bu@%&*it" and that the only reason this was being done was because he was a Village Trustee.
• The Trustee finally concedes to the test and is barefoot, but locked everyone out of the house when the officers ask him to put some shoes on.
• The Trustee could not correctly enter the code to gain entry through the garage door even with the assistance of the officers.  The Trustee's wife, Nancy, finally opens the front door with a pair of shoes for the Trustee to perform the sobriety tests.
• Officers ask the Trustee to perform the Horizontal Gaze Nystagmus, Walk and Turn Test, One Leg Stand and Preliminary Breath Test.
• The Trustee performed very poorly for the administered tests and failed the Preliminary Breath Test with a reading of .19.  The legal limit in Wisconsin is .08.
• The Trustee was shown the test results and denied he was drunk, but now admitted to having 4 additional beers at the Lombardi Golf Classic in addition to the one he had at Trysting Place.
• Officers advise the Trustee he is under arrest for OWI and the Trustee demands to speak with his attorney and that the officers contact Police Chief Jack Pitroff.
• The Trustee is handcuffed and continues to be argumentative with a raised voice wanting to contact his attorney and Police Chief Jack Pitroff.
• The Trustee is transported to the MFPD by the Officers and continues to make threats for their jobs while being loud and argumentative because his rights have been violated.
• The Trustee continues to be loud and argumentative at the Police Station denying that he is drunk and states to the officers on duty, "When this is done, I am going to get your badge number because you're not going to be working here much longer."    
• The Trustee continues to be loud and argumentative during the 20 minute observation period demanding to speak to his attorney which the officers allowed him to do at 1:10 A.M.
• The Trustee now refuses to conduct a test with the Intoximeter after agreeing to the test earlier.
• The Trustee changed his mind and wanted to now do a test.
• The Trustee then changes his mind again and refuses the test once again.
• The Trustee is finally released to his daughter at approximately 2:25 A.M. in a signed statement.
• The Trustee's wife, Nancy, admits to following her husband home after they had had some drinks at Trysting Place, but denies that he was driving erratically and was fine to drive home by himself.
• MFPD issues an OWI Ticket to the Trustee per Wis State Stat 346.63(1)(a).

Trustee McDonald's OWI Case Moved to Brookfield Municipal Court Late in 2003

Trustee McDonald's OWI Case was moved to the Brookfield Municipal Court because of his close friendship and relationship with Menomonee Falls Municipal Judge Mike Hurt in October of 2003.

Judge Hurt was later forced to resign the Menomonee Falls Municipal Judgeship in 2006 because of violating the terms of a probationary agreement set out by the Attorney Disciplinary Division of the Wisconsin Supreme Court and agreed to by Judge Hurt dating back to various records from 1998 that involved Judge Hurt's failure to fully disclose client lists to law firms that he had been with and for taking cash at his personal residence in Menomonee Falls, which he later lost to foreclosure in 2007, from clients instead of running the client account payments through the law firm he represented which is required by law.

Trustee McDonald was eventually convicted of the following with his OWI Case in Menomonee Falls by the Brookfield Municipal Judge in late 2003:

• Convicted of OWI.
• Paid a fine of $612.00.
• Had drivers license revoked for 6 months.
• Ordered to attend alcohol assessment. 

Heeeeeeeeeeeeeeeeeeeee's Baaaaaaaaaaaaaaaaaaaaaaack!!!!!!!!!!!!!!!

The Vanguard has reviewed Trustee McDonald's most recent MFPD Reports from May 29, 2009 involving a local establishment that Trustee McDonald is required to consider voting on their business proposal(s) and liquor license and can disclose the following information the local newspapers refuse to report:

• A courageous citizen who was not afraid of Trustee McDonald's bullying and intimidating tactics reported an extremely intoxicated Trustee McDonald to the police after closing hours at 2:10 A.M. because everyone in the establishment knew that Trustee McDonald was going to drive home even though he was obviously extremely intoxicated and the citizen did not want Trustee McDonald to hurt anyone on his way home.
• The citizen arrived at the establishment around 11:00 P.M. to find Trustee McDonald there who according to another witness was already in a "drunk and obnoxious state".
• The reporting citizen does not know Trustee McDonald, does not work at the establishment, had not been drinking, was playing darts with her friends and felt "bothered" by Trustee McDonald because he was so drunk throughout the evening.
• The citizen also stated that more patrons were drunk than usual at closing time.
• She personally gave 2 patrons a ride home because they were so drunk and couldn't drive home by themselves.
• The citizen believed that Trustee McDonald was waiting for all of the patrons to leave before he left for home while being extremely intoxicated.
• Trustee McDonald's new home is on Tamarack Trail just south of Thomas Jefferson School about 2-3 miles from the establishment.
• The citizen said the bartenders were serving Trustee McDonald in a cocktail glass.
• Another citizen wanted to report Trustee McDonald to the police however his cell phone battery died.
• Another witness captured Trustee McDonald's "obnoxious and drunken state" on video earlier in the evening.
• Another witness yelled at Trustee McDonald regarding his "obnoxious and drunken behavior" on the way out of the establishment something to the effect, "...so this is how our taxpayer money is spent".
• Another witness, whose job it is to "kick people out at closing time" and "to give rides home to those who are too drunk to drive", was called by the owner of the establishment on his way back to the establishment around 2:30 A.M. to give Trustee McDonald a ride home.

MFPD Arrive at Establishment to Investigate Complaint of Trustee McDonald's Intoxication and Effort to Drive Home

The Vanguard can report the following account from the perspective of the police officers called to the scene on May 29th:

• Officers arrive at the establishment around 2:10 A.M. to find the doors locked and the blinds drawn which was unusual behavior for the place based on past experience by the officers.
• The officers find a vehicle (red Dodge Durango SUV license plate 520-KZA) registered to Trustee McDonald in the parking lot.
• The officers notice individuals inside after hours and finally gain entrance to the place and ask if there are any patrons in the establishment to which the owner and bartender deny knowing of anyone else being there besides themselves.
• The officers check out the entire place and do not find anyone else.
• The officers leave and stake out the place in secluded areas near the establishment only to see the owner come out later in a crouched position looking to see if there is anyone else in the parking lot.  The time is nearing 3:00 A.M.
• The officers notice other individuals leaving the establishment and an individual fitting the description of Trustee McDonald being assisted into a black pick-up to be taken home.
• The officers later pull the black vehicle over that contained the establishment's escort driver for drunken patrons and Trustee McDonald.
• The escort driver was very cooperative with the officers.
• Trustee McDonald had difficulty getting out of the vehicle because he could not get his seat belt off because he was trying to unbuckle it from the right side when the seat buckle is on the left side.  The escort driver finally got the seat buckle off for Trustee McDonald because he was unable to do so.
• Trustee McDonald then told the officers he wanted to urinate at which time they told him he couldn't because that was against the law and would have to hold it until he got to a restroom.
• The officers noticed a strong odor of intoxicants coming from and on Trustee McDonald.
• Trustee McDonald entered the squad car and agreed to provide a written statement.
• Once Trustee McDonald was advised that he was going to receive 2 citations for being in a bar after hours and for obstructing an officer, he became very agitated and confused as to what was going on.
• Trustee McDonald then refuses a preliminary breath test.
• Trustee McDonald was read his Miranda rights at which time he then refused to give a statement to the officers.
• Trustee McDonald then made statements to the officers that he would be talking to "Ann" in the morning presumably to mean the Police Chief Anna Ruzinski which is consistent with Trustee McDonald's behavior in 2003 with Police Chief Jack Pitroff.
• Officers also gave the escort driver a citation which was later pulled.

These citations appear to be misdemeanors and can carry a fine of somewhere between $0-$1,000 and jail time of up to 6 months or both depending on the discretion of the judge and the circumstances involving the case and whether or not the individual is a repeat offender.

The Vanguard will follow these citations as they make their way through the Court System of the Municipal or County District Courts.

Establishment Owner and Employee Cited by Officers

The officers also pull over the establishment's owner that evening for the following reasons:

• Cite him for having patrons in establishment after hours.
• Cite him for obstructing an officer for lying about not having patrons in his bar after hours.
• Cite him with an OWI.
• Cite his bartender for obstructing an officer.
• Trustee McDonald was hiding in a storage closet to avoid being detected by police officers.
• The bartender was very cooperative with the officers and unfortunately was caught in a situation with Trustee McDonald that quite frankly she didn't know what to do about.

How sad that Trustee McDonald would put an innocent person in such an awful position with the potential of such collateral damage to that individual who to no fault of her own was in the wrong place at the wrong time because of Trustee McDonald's reckless behavior.  Hopefully she will be granted some leniency by the courts.

Establishment Owner Threatens Officers Because of Alleged Illegal Activity That is on Tape

During the arrest and field sobriety test of the establishment owner by the officers, he made some very interesting statements involving the police officers as follows:

• "I assure you if you are going to mess with me, I'm going to f_ _ _ you up." 
• "I got pictures of you guys drinking in my bar after hours and videos too." 
• "At least 4 people are going to lose their jobs tomorrow."
• "You need to know that a lot of people are going down if I am arrested and f_ _ _ _ _ d with."
• He also made reference to contacting the "Journal" to report the misconduct of MFPD Officers.
• He also made allegations about officers being in his establishment conducting illegal activity.
• He did not elaborate on what type of illegal activity he was referring to other than being in his bar after hours consuming alcohol.
• The owner told officers he could not speak english which the officers knew wasn't true because of personal past dealings with him.

The Vanguard has also learned that certain Village "law enforcement employees" may be or were business partners with owner of the establishment in question.

If this is true, the Police Chief has a real mess on her hands that definitely requires an investigation into the alleged illegal activity of officers and business relationships with this business owner.

The Vanguard will follow through with these matters in hopes of getting answers for the taxpayers of Menomonee Falls that the 4 local newspapers refuse to cover.

Unfortunately, Trustee McDonald is required, because of his position, to vote on proposals and liquor license requests for this business owner.  Hopefully the Village Attorney will properly advise Trustee McDonald so that taxpayers aren't compromised any further because of irresponsible behavior.

What do you think?

Should Trustee McDonald resign from the Village Board?

He is up for re-election in less than 150 days when nomination papers can be circulated for the 2010 April Spring Election.

Should Trustee McDonald be fully prosecuted to fullest extent of the law for being a repeat offender or should he be given a sweetheart deal which is often the case for those who are part of the establishment by local court systems?

Let Trustee McDonald know your thoughts by contacting him at his email address of mmac1883@aol.com.

Let the following Village Officials and Village Board know your thoughts by contacting them at the following addresses:

• Village Manager Mark Fitzgerald mfitzgerald@menomonee-falls.org
• Village Attorney Mike Morse mmorse@menomonee-falls.org
• Village Police Chief Anna Ruzinski aruzinski@menomonee-falls.org
• Village Board villageboard@menomonee-falls.org

Thank you for your time.  Have a great week and a Happy 4th of July.  See you next week at The Vanguard.