Franklin Mayor John Nelson Sues Sheriff To Block Record Release

Franklin Mayor John Nelson. Photo taken June 17, 2024 by Graham Kilmer.

The mayor of the City of Franklin, John R. Nelson, doesn’t want the public to see records related to his time as a Milwaukee County Sheriff‘s Office (MCSO) deputy.

Nelson, represented by attorneys from MacGillis Weimer, is suing Milwaukee County and a handful of county officials seeking to block the release of MCSO internal affairs case files that involve him, as well as his personnel record and disciplinary records.

Nelson worked as a sheriff’s deputy for nearly 18 years beginning in 1995. The circumstances of his departure are unusual. His LinkedIn page lists him as having “retired” from the job as a “Lieutenant” in the department in March 2012 and then having taken a job as Safety, Security and Training Manager for Milwaukee County Parks, leaving that job in 2021. Meanwhile, in 2015 he took a second, part-time job as a member of the Town of Waterford Police Department, where he served until being suspended by the town in May of this year.

Adding more jobs and complications, Nelson served for two, three-year terms as an alderman on the Franklin Common Council before running successfully for mayor in 2023, defeating longtime incumbent Steve Olson. This would mean that for four years, he held three jobs, as a manager for county parks, Waterford police officer and Franklin alderman.

Someone is now seeking records of Nelson’s work as a deputy sheriff before his departure. And Nelson seeks to stop this.

A complaint filed on Aug. 27 names Sheriff Denita Ball, Capt. James Novotny and Milwaukee County as defendants in the suit. The complaint is asking the courts to block release of nine internal affairs case files involving Nelson. The complaint notes that Novotny notified Nelson to tell him the complaints were subject to release under state open records law, which is common practice for these records.

“The disclosure of the information could result in irreparable harm to Nelson’s reputation,” the complaint states.

The files in question were set to be released via an open records request from a member of the public. The complaint alleges the MCSO did not properly apply the state’s “balancing test” for weighing the public interest of disclosure and failed to “fully consider the public’s interest in protecting privacy and the harm that releasing the records may cause the public.”

On Nov. 6, Nelson also filed a similar lawsuit against the Office of the Milwaukee County Clerk, the Milwaukee County Human Resources Officer and Scott Pate, Human Resources Operations Manager. That suit sought to block the release of his county personnel file and disciplinary record. Like Novotny, Pate was the county official who determined the records are subject to release under state law.

As of Wednesday Nov. 13, no one in the clerk’s office has been served a court summons, according to Deputy Clerk of Circuit Court Stefan Dostanic, who declined to comment further on the suit. As of Nov. 19, circuit court records do not show a summons for anyone named in the suit.

Nelson declined to comment on why he was suing Milwaukee County when reached by Urban Milwaukee. If there is any negative information in the requested internal affairs files, that could become an issue should Nelson run for reelection as mayor of Franklin.

An MCSO spokesperson declined to comment and referred Urban Milwaukee to legal counsel in the Office of Corporation Counsel.

After Nelson was suspended from his job with the Waterford Police Department, an investigation was launched by the department and he retired in October before it was completed, according to a story by Erik S. Hanley.

Nelson wasn’t the only Waterford police officer under investigation. A handful of officers are being investigated for violations including harassment, retaliation and discrimination, which are intertwined with the investigation into Nelson, according to a September statement released by the town board. On Nov. 15, Nelson filed yet another suit, this one against the Town of Waterford and the town’s clerk Tina Mayer.