GREEN BAY, WI (WTAQ-WLUK) – As a civil lawsuit continues over audio recording devices at Green Bay City Hall, an investigation is starting to see if criminal charges should be filed against anyone from the city.
Brown County District Attorney David Lasee confirms he worked with the Green Bay Police Department to refer the investigation to an outside agency, and the West Allis Police Department has agreed to conduct the investigation.
Under Wisconsin law, one party to a private conversation must consent to the audio being recorded.
A violation of Wisconsin’s Electronic Surveillance Control Law is a Class H felony.
Mayor Eric Genrich and members of his administration have maintained audio recording devices installed in the hallways of city hall are legal, partly because they believe there is no reasonable expectation for privacy in a hallway of a public building.
“It’s appropriate for our police department to pass the baton to another one, so I expect a very thorough, quick investigation that will quickly show there’s no spying done at city hall,” said Alderperson Randy Scannell.
The plaintiffs behind the civil lawsuit, the Wisconsin Senate, State Sen. Andre Jacque (R-De Pere), former city council member Tony Theisen, and attorney Janet Angus, claim the city and Genrich have violated the law because they believe there is reasonable expectation for privacy in the city hall hallways.
“I think the citizens of Green Bay especially too would like to know did their mayor do something that is against the law or not,” said Alderperson Chris Wery. “I think everybody wants resolution on that.”
Without city council approval or knowledge, audio recording devices were installed outside the mayor’s office and city council chambers starting in December 2021. Another recording device was installed outside the city clerk’s office in July 2022.
Genrich has said microphones were installed as a result of three incidents where city employees and members of the public were “verbally assaulted.”
Critics of the microphones question how the audio recording devices deter bad behavior at city hall when there were no signs alerting visitors of the recording. Signs have been installed since the issue became public in early February.
Last week, Brown County Judge Marc Hammer ordered the microphones be shut off as the lawsuit plays out. He ordered any recordings to be sealed until the court says otherwise.
On Tuesday, Green Bay’s city council passed a policy to remove the audio recording devices from city hall on a 9 to 3 vote.
