Case 2023CF000673 Document 2 Filed 07-10-2023 Page 1 of 11 FILED 07-40-2023 Clerk of Circuit Court Outagamie County STATE OF WISCONSIN CIRCUIT COURT OUTAGAMIE COUNTY yee So STATE OF WISCONSIN, Plaintiff, v. Case No. 23-CF- RONALD G. WOLFF, Defendant. SUMMONS THE STATE OF WISCONSIN TO SAID DEFENDANT: ‘The Complaint, a copy of which is attached, having been made before me accuses the defendant of the following crime: COUNT 1: PRIVATE INTEREST IN PUBLIC CONTRACT. The Defendant, being a public officer, did, between May 4, 2021, and June 1, 2021, in his private capacity, negotiate, bid for, or enter into a contract in which the Defendant had a direct or indirect private pecuniary interest, while at the same time being authorized to participate in his capacity as a public officer in the making of the contract or to perform in regard to that contract some official function requiring the exercise of discretion on the Defendant’s part as a public officer, contrary to Wis. Stat. § 946.13(1)(a), a Class I felony, punishable by a fine not to exceed $10,000, or imprisonment not to exceed three (3) years and six (6) months, or both. You, Ronald G. Wolff, are, therefore, summoned to appear in Courtroom A at the Outagamie County Justice Center, located at 320 South Walnut Street, Appleton, WI 54911, in front of Outagamie County Court Commissioner Brian G. Figy, to answer sai Ist day of August, 2023, at 1:00 p.m. Complaint, on Tuesday, the IF YOU REQUIRE THE ASSISTANCE OF AUXILIARY AIDS OR SERVICES BECAUSE OF A DISABILITY, CALL (920) 832-5131 AND ASK FOR THE OUTAGAMIE COUNTY CIRCUIT COURT ADA COORDINATOR,Case 2023CF000673 Document 2 Filed 07-10-2023 Page 2 of 11 IF YOU FAIL TO APPEAR, A WARRANT FOR YOUR ARREST MAY BE ISSUED. Dated this 10th day of July, 2023. Wisconsin Department of Justice Post Office Box 7857 Madison, Wisconsin 53707-7857 (608) 266-3406 (608) 294-2907 (Fax) adamsonne@doj state. Respectfully submitted, JOSHUA L. KAUL Attorney General of Wisconsin Electronically signed by: s/ Nathaniel E. Adamson NATHANIEL E. ADAMSON Assistant Attorney General State Bar #1088858 Attorneys for State of WisconsinCase 2023CF000673 Document 2 Filed 07-10-2023 Page 3 of 11 FILED 07-10-2023 Clork of Circuit Court ‘Outagamie County STATE OF WISCONSIN CIRCUIT COURT — OUTAGAMIE COUNTY nent’ © STATE OF WISCONSIN, Plaintiff, v. Case No, 23-CF- RONALD G. WOLFF, Defendant, CRIMINAL COMPLAINT ‘The undesigned complaining witness, being first duly sworn, states that: COUNT 1: PRIVATE INTEREST IN PUBLIC CONTRACT ‘The Defendant, being a public officer, did, between May 4, 2021, and June 1, 2021, in his private capacity, negotiate, bid for, or enter into a contract in which the Defendant had a direct or indirect private pecuniary interest, while at the same time being authorized to participate in his capacity as a public officer in the making of the contract or to perform in regard to that contract some official function requiring the exercise of discretion on the Defendant's part as a public officer, contrary to Wis. Stat. § 946.13(1)(a), a Class I felony, punishable by a fine not to exceed $10,000, or imprisonment not to exceed three (3) years and six (6) months, or both. PROBABLE CAUSE Your Complainant is a Special Agent for the Wisconsin Department of Justice Division of Criminal Investigation and relies on Complainant’s own investigation and reports prepared by the Division of Criminal Investigation. Complainant is familiar with these types of records and knows they are prepared in the ordinary course of business and regularly relied on by law enforcement. IF YOU REQUIRE THE ASSISTANCE OF AUXILIARY AIDS OR SERVICES BECAUSE OF A DISABILITY, CALL (820) 832-5131 ‘AND ASK FOR THE OUTAGAMIE GOUNTY CIRCUIT COURT ADA COORDINATOR.Case 2023CF000673 Document 2 Filed 07-10-2023 Page 4 of 11 Ronald Wolff's Private Business In an affidavit dated September 1, 2021, the above-named Defendant, Ronald Wolff, identified his two main businesses as Lakeshore Cleaners, Inc., a landscaping business, and Big Dreamers, LLC, an assisted living facility. In that same affidavit, Wolff asserted that between Lakeshore Cleaners, Inc. and Big Dreamers, LLC, he employed 50+ people at any given time and ‘generated almost $70,000 or more in real estate tax revenue each year. Lakeshore Cleaners filed articles of incorporation with the Department of Financial Institutions on April 11, 1986. Lakeshore Cleaners executed Articles of Dissolution on July 31, 2022. Wolff signed the paperwork as the president of the company. Wolff was also identified as president of the company in a June 1, 2021, letter authorizing a certified check from the Lakeshore Cleaners’ bank account. ____________ Complainant interviewed Wolff.on March 22, 2022. Wolff stated that he just returned from —____ vacation and that he had just sold Lakeshore Cleaners. Wolff said he sold it to the “boys next door, the Legendary boys.” Wolff said the sale of Lakeshore Cleaners was effective July 21, 2022, and that would be his final day with his company. Wolff said he would be divested from his company on April 31 (even though there are only 30 days in April), but because of the law he was required to stay open until the company’s year-end. Wolff denied ever informing any official with the Town of Grand Chute that he had divested from or ended his ownership stake of any of his current companies. Wolff stated that they all know now that he has sold his business. Wolff denied he had ever cast any formal vote in his official capacity as a town supervisor that pertained to himself personally or his business, Wolff was elected on April 6, 2021, as a Grand Chute Town Board Supervisor. Wolff was swom into office on April 13, 2021, and Wolff's term began on April 20, 2021.Case 2023CF000673 Document 2 Filed 07-10-2023 Page 5 of 11 Complainant learned that newly elected board members were provided with a three-ring binder. This binder contained numerous sections and topics related to the position. In the Finance Commitee section, there was an April 2008 document entitled “Ethics & Conflicts of Interest — FAQs.” This document was authored by a lawyer and the introductory sentence stated that the paper was directed at local governing body members. In this document, there is a specific section discussing contracts and two of the sections are reproduced below: Contracts 18 May contract wih my leat unit sell goods or equipment or land? Yes, abot to limi. Of couse, you ay 6%, under the Code of Pthics, vote Yo sward yourself he cosas or ct in any official capacity regarding the contrac, sch es pefersng inspections or wathorzing symenis. This same prohibition on offal action in repad toa contac is also four iat felony sat, so. 946.1(1)(8), Wi. Stas. n general, as kng 2 you abstain fom al oficial involvement, you donot volt the lw, excep as follows. ‘You mast kep in mind that the felony statue, se: 946.131), prohibits a public officer ‘or employes fom acting ina private capacity to negetit, bl renter ict a conract where the ‘officer ia authorized or requied bylaw o prtiipae in woffa capacity in making the ‘contact or exercising discretion under the contra, unless an exception applies, Thi ean that itis posible to abstain and sil volte the nv-—you may hve to choose between doing ‘business with your unit and keeping your public cfice ob, The st commonly used {gestion th on ha ows ble repo o vol ving te a by inert couche bel og a epost ner Be torn wich be ial lao tert dost ened SBD nea yo Gok: ‘euro pbicofenot coed yang tr 13.00 hn) crac ‘ck fave trea exe (rw exe ti ot ney yo ye Orme ony, oven you tn yy re pec mpi lg (sete othe est Fathoroas ean Woe lyse rel ng on the contract, een Ifyou donot recive Finally, note that itis the annual ital of the payments dor the contacts at subject othe $15,000 ceiling and triggers» violation, rather ton your personal ancl ntsrest (eg, comnision, which may be less han $15,000 ‘Note: ination of ce 946.1 fx serious mate, e Clas felocy, which means that is nishabl by a fine not o exceed $10,00, 3 4 years in prison or both. Violations are rowed by the dtc tome, and he law provides tha contac entered ito fx violation | ff the statute i voi | 19, May I prvide services on contrat with my loca unt? es, the above considerations apply when You ore an independent conraer. A independent contacto i one who provides i ttre own fools and equipment in perfoning the jb ad exercises responsibility over how the ‘works done, This isin cobtrast to a peti employee (ste #22 & 23 below), Ifyou are a0 1 independent contractor, you mist abstain fom eny involvement in your ofa capacity in 1 ppreving o administering the contract. By abstaining, you are potcted ules te contac in ‘which you have an interest execed the $15/000 amount forthe receipts and disbarsemenis in 2 year #18, above)Case 2023CF000673 Document 2 Filed 07-10-2023 Pago 6 of 11 The Quote The engineering firm employed by Grand Chute at the time (hereinafter the engineer) prepared a request for quotations informational packet for the Town of Grand Chute. The document related to Champion Pond prairie seeding work and was dated May 4, 2021. The request for a quote solicited “services related to site preparation, prairie seeding and erosion control blanket at Champion Pond project.” On May 5, 2021, the engineer sent the request for a quote to Wolff at Wolff's private email address. The engineer asked for a quote to be submitted by May 13, 2021. On May 11, 2021, Wolff's wife emailed the engineer from Lakeshore Cleaners’ email address. Her email identified herself as the office manager and asked for a fax number to send the bids. The engineer received the following contractor certification PO | QUOTATION FOR Town of Grand te] Outage Coury, Wee (conn) CcomTeAcTon cERTFCATON: ‘hay crt tt asrtenentsheasre made onbehaot Lae Shore Cleaners Lac. ae rerio pret o eran king Bd carporsianrgned end sig under thew fh Sate WIT See e¥Si. 0, apres consing of _— leat eadng st ofthe Gly ot ste. ‘Wat | haw eutined and ‘arty prepare hs Form om the Oravings ad Speci and have chs the sme ‘a bfee biting Fo hat ve lahore make ch oem on cen i erin tr ehaand that sail ata are tra eet COMPA HAM: bate, Som (hearers Ing stand sats, SMR Mp ‘We appa Resident —____ Stee Adee: ese ei 2 — lar ‘CONTACT NAME: Wx i, ow 7 aaaCase 2023CF000673 Document 2 Filed 07-10-2023 Page 7 of 11 ‘The following is the submitted quote from Lakeshore Cleaners: ‘rawoo.A | avorAMON FORA ‘eummnion ron aA SEEING ‘Tom of Gand Cate | Ova County, Wiconsin ‘contmaed) om quntty/ ve nie sea, 2 events Sta epi Haren Pan Aen (2:7 ee menor “gait hunted len collars and 8& — [5 819.4015 ZWD 6 Sear 4. shack Sopand ni aor cS 0 nn ol Ot mew one chile and ia (SST TB] toa toa a TOTAL GUC am eh 2b, 65,04 This quote was introduced as new business at a June 1, 2021, town sanitary district meeting. The motion to approve the quote was carried and the quote was approved. Wolff and another Town Board member abstained from the vote. The Payments ‘An invoice from Lakeshore Cleaners to the Town of Grand Chute described work completed as site preparation on June 2, 2021. The description explicitly referenced “CHAMPION POND PRAIRIE SEEDING TOWN OF GRAND CHUTE OUTAGAMIE COUNTY, WI.” The invoice is dated June 14, 2021, and the amount is $810.00 Another invoice from Lakeshore Cleaners to the Town of Grand Chute described work completed as site preparation on July 20, 2021. The description explicitly referenced “CHAMPION POND PRAIRIE.” The invoice is dated July 20, 2021, and the amount is $810.00 ‘The above-referenced invoices were marked as paid on August 11, 2021. Lakeshore Cleaners’ bank statement ending August 31, 2021, identified an electronic credit transaction on August 13, 2021, in the amount of $1,620.00,Case 2023CF000673 Document 2 Filed 07-10-2023 Page 8 of 11 Another invoice from Lakeshore Cleaners to the Town of Grand Chute, described work completed on October 19, 2021, and November 1, 2021. The description explicitly referenced “CHAMPION POND PRAIRIE SEEDING.” This invoice is dated November 2, 2021, and the amount is $25,588.09. Another invoice from Lakeshore Cleaners to the Town of Grand Chute described work completed as “ADDITIONAL PREP REQUIRED TO SEED (ROTOTILL AND MOW).” The description explicitly referenced “CHAMPION POND.” This invoice is dated November 4, 2021, and the amount is $740.00. ‘On December 8, 2021, the Town of Grand Chute wrote a check to Lakeshore Cleaners in the amount of $26,328.09. This check was deposited into Lakeshore Cleaners’ bank account on December 13, 2021 No Applicable Exemption Wisconsin Stat. § 946.13(2)(g) provides an exemption in “{cJontracts with. ..public officers or employees for. ..soil erosion control under s. 92.10, 1985 stats.” On June 10, 2022, Complainant spoke with the Town of Grand Chute Director of Public Works (hereinafter the director). According to the director, it was not until the quote was approved that concerns surfaced about Wolff's town board position and the amount of the quote. The director believed it was the Town of Grand Chute Administrator who found a “loophole” in the statutes. On October 4, 2021, Complainant interviewed the Town of Grand Chute Administrator (hereinafter the administrator). The administrator described concerns about town contracts offered to Wolff and invoice billings the town received from Lakeshore Cleaners. The administrator was told by Wolff that Wolff intended on bidding on all town projects that pertained to Wolff's business istrator said Wolff could not do, entities, which the admiiCase 2023CF000673 Document 2 Filed 07-10-2023 Page 9 of 11 ‘The administrator stated that Wolff claimed he had divested himself from his business, Lakeshore Cleaners, at the time he performed or offered retention pond plantings, but it was later revealed to the administrator that Wolff was actually in an ownership role in the company. The adm strator explained that Wolff answered one of the administrator’s return telephone calls to Wolff at Lakeshore Cleaners after Wolff claimed he had sold the Lakeshore Cleaners business. ‘The administrator stated there may have been some question regarding whether there was a statutory exemption related to the erosion control that permitted Wolff to bid the questioned contract. Complainant interviewed Wolff on this topic on March 22, 2022. Wolff initially denied having received any contracts for services from the Town of Grand Chute while he was on the board of supervisors. Wolffclaimed there had been higher-ups who prevented him from being able to-receive se tracts fromth Wolff admitied that he had. d fromth town engineering contractor to perform landscape plantings work for the ponds around the Champion Center. Wolff claimed that the administrator had authorized Wolff's involvement with the project because the plantings around the Champion Center were related to “erosion control.” Wolff also claimed that he had signed the “contract for services” before he had been officially elected as a town supervisor on April 6, 2021. However, records obtained by Special Agent Yerges established that Wolff submitted the Lakeshore Cleaners bid for the Champion Center project on May 11, 2021, and that the bid was approved at the town sanitary district meeting on June 1, 2021. The bid was in the amount of $26,865.09, well in excess of the $15,000 limit set forth in Wis. Stat. § 946.13(2)(a). Wolff said the administrator contacted Wolff about a “problem” with the contract after Wolff had been formally elected as a town supervisor. Wolff claimed that the administratorCase 2023CF000673 Document 2 Filed 07-10-2023 Page 10 of 11 conducted some additional research about the problem/conflict and then reportedly informed Wolff that because the project was related to erosion control, Wolff could continue with the project. Wolff admitted that he had gone through the bid process with the town at the time he was awarded the town contract for ser son June 1, 2021. Complainant interviewed the Wisconsin Department of Agriculture, Trade & Consumer Protection (DATCP) Agency Land & Resource Management Section Manager (hereinafter manager). Manager explained that Wis. Stat. § 946.13(2)(g) cited soil erosion control mandates that were governed by a 1985 statute are superseded and no longer funded by the DATCP. Manager stated that Outagamie County would have received designated DATCP appropriated budgeted monies for any approved soil erosion project or controls that were approved for completion by Outagamie County at the Township of Grand Chute Champion Center pond referenced in the investigation M firmed-that-there-were. Paneer provided to the Township of Grand Chute by Outagamie County for any soil erosion control projects at the Township of Grand Chute Champion Center pond project. ‘This Criminal Complaint contains a summary of facts necessary to establish probable cause. It does not contain all the facts known to Complainant that may be relevant to this investigation. [signature on following page]Case 2023CF000673 Document 2 Filed 07-10-2028 Page 11 of 11 Dated this 10th day of July, 2023. COMPLAINANT: Electronically signed and transmitted by: Jay K. Yerges Jay K. Yerges Special Agent Wisconsin Department of Justice Division of Criminal Investigation Department Subscribed and sworn to pursuant to Wis. Stat. § 968.01(4) and approved for, this 10" day of July, 2023. s/ Nathaniel B, Adamson Nathaniel E. Adamson Assistant Attorney General State Bar No, 1088858 Wisconsin Department of Justice Post Office Box 7857 Madison, WI 53707-7857