RHINELANDER - A Minocqua newspaper is suing several members of the Rhinelander City Council along with the mayor, saying they violated state public meetings law.

According to the complaint, filed in Oneida County Circuit Court on Wednesday, the Lakeland Times is asking that four members of the council — Andrew Larson, David Holt, Steve Saur and Ryan Rossing — and Mayor Chris Frederickson be fined up to $300 each for violating the law.

The lawsuit stems from an investigation completed by the state Department of Justice Division of Criminal Investigation that found the five men collaborated without providing public notice when they decided to send a letter of reprimand to Council President George Kirby and suggest that he step down from the leadership post. The state forwarded its report to Oneida County District Attorney Michael Schiek to consider criminal charges.

The DA didn't take action within 45 days, according to The Lakeland Times complaint, so the newspaper and its general manager, Heather Holmes, moved forward with a lawsuit.

According to the court documents, the newspaper is asking a judge to fine each of the elected officials between $25 and $300 and order them to pay Holmes' attorney fees. The suit also asks for "an injunction limiting the council members' and mayor's conduct."

Attorney April Barker, who is representing the publication, said that the injunction was a typically broadly worded request for relief that directs the council to stop violating the open meetings law.

Department of Justice documents, which include interviews with the council members, show the state opened the investigation into a possible "walking quorum" on March 12, after The Lakeland Times sent a letter to District Attorney Michael Schiek accusing the elected officials of an illegal meeting. County authorities forwarded the matter to the state. No determinations were made after the investigation, but the documents were forwarded to the Oneida County District Attorney.

A walking quorum, according to the justice department, is a "series of gatherings" among small groups of elected officials outside of a public meeting that eventually add up to enough officials who agree to vote or act in unison. Such gatherings and conversations can violate open meetings laws, which require that elected officials conduct public business in full public view and properly notify their constituents in advance.

The investigation sprung from a letter the four council members sent to Kirby asking whether he had the composure to continue serving as council president. They wrote and signed the letter with the mayor after Kirby refused to participate during a January meeting, according to documents from the Division of Criminal Investigations.

During the meeting, Kirby was questioning a $13,000 purchase made by City Administrator Daniel Guild until he was told he couldn't address the topic as a member of the public. At that point, he refused to take his seat, according to the state investigation, and that action prompted the letter drafted and signed by the five other officials and sent to Kirby.

"Some of us would like to inquire further if you feel you have the composure necessary to continue to serve as Council President," the letter read. "Given recent events, perhaps it would be more comfortable to not continue in this capacity? This forthcoming conversation may be uncomfortable."

Barker said that she expects the case to take within six to 12 months to resolve.

Members of the Rhinelander City Council and Mayor Frederickson did not return requests Friday for comment.

Heather Holmes, the general manager of the Lakeland Times, did not respond to a voicemail left at her office.

Contact Laura Schulte at 715-496-4088 or leschulte@gannett.com. Follow her on Twitter @schultelaura.

Other news: