Delavan alderman cited for disorderly conduct; Finley ‘fired up’ after election signs were stolen

By KAYLA BUNGE ( Contact )   Friday, Sept. 5, 2008
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Photo

John Finley

— Alderman John K. Finley has been cited for disorderly conduct for what prosecutors say was his involvement in an election-related incident March 30.

Finley is accused of threatening to use his position on the city council to have the city reconsider its contract with Nieuwenhuis Bros. garbage hauling after being told that a Nieuwenhuis employee took one of Finley’s campaign signs before the election.

Prosecutors say Finley left a message on the company’s answering machine.

“I have an eyewitness account of one of your people stealing one of my election signs,” he said on the recording. “If you want to do business in the city of Delavan, you’d better shape up. If I get elected, despite your stealing my signs, I’ll come after you in my own way.”

Nieuwenhuis Bros. owner Eli Nieuwenhuis contacted the sheriff’s department.

In a verbal agreement with the city, Nieuwenhuis Bros. picks up garbage at city-owned properties including the municipal building, police department, streets department headquarters, Aram Public Library, city parks, Delbrook Golf Course and compost site.

Nieuwenhuis told a detective May 21 that he wasn’t looking to press charges against Finley, but he wanted to get the incident on file in case something happened in the future, according to court documents.

Finley admitted he probably overreacted that night, according to court documents.

“Yeah, it was foolish on my part,” he said, according to court documents. “In retrospect, I should have shut up when I heard the answering machine pick up. But I was fired up.”

According to Walworth County Sheriff’s Department reports:

Finley said a friend—the “eyewitness” he mentioned in the message—told him he saw a man driving a green pickup truck remove one of Finley’s campaign signs from a neighbor’s property, throw it into the truck and drive away.

Finley said his friend believed the man to be a Nieuwenhuis Bros. employee.

After exchanging answering machine messages, Nieuwenhuis talked to Finley on April 4. Finley apologized, saying he had no ill intent toward Nieuwenhuis or his business and would sign a statement to that effect.

Nieuwenhuis told a detective that he asked his employees if any of them had thrown a Finley campaign sign into the back of a garbage truck. None admitted to stealing a sign.

When the detective told Nieuwenhuis the property from which the sign was taken, Nieuwenhuis said he knew who took it. He declined to name the person but said he or she has nothing to do with Nieuwenhuis Bros.

Finley said this week he believes he and Nieuwenhuis have made their peace.

The district attorney’s office filed the citation against Finley in Walworth County Court on Aug. 28. Finley’s initial appearance is scheduled for Wednesday, Sept. 10. He faces a fine of up to $1,000.

Nieuwenhuis declined to comment when reached by The Janesville Gazette.







reader COMMENTS (14)
one943
Sep 6, 2008 at 12:23 p.m.
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Silverado--2 words Mayor Mel

Silverado
Sep 6, 2008 at 11:24 a.m.
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I kept getting stuck on the "oral agreement" part of the gargage pickup. Why not a contract resulting from bids from various companies??? I believe that I read earlier that the Delavan school board, for instance, finalized approval at the public board meeting choosing the companies for garbage pickup, milk delivery and food services. Shouldn't the city look to give the citizens the best services available for the least amount of dollars? Just may happen to be a different provider than the year before! Nothing like a little competition and a written contract!

turkeyman
Sep 6, 2008 at 7:42 a.m.
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I must more confused than usually. I always thought that if I told the police I know who commented a crime but I would tell you. I would be in about as much trouble as the one who did it. Guess that's what happens when you're law abiding

JohnDoe
Sep 5, 2008 at 10:59 p.m.
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"I didn’t know you could decline to tell the police anything."
.
You don't have to tell the police anything.
But if you do decide to talk, it's against the law to lie.

truth1
Sep 5, 2008 at 9:06 p.m.
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It wasn't Neiwenuis that filed the charges, looks like he is just forgetting about it, it was the DA's office that filed the charge on their own.

angelwings
Sep 5, 2008 at 8:17 p.m.
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Im so busy I dont always read the news when I should. Im a little behind. He did WHAT? What a moran! I dont like Delavan as it is,but this guy is strange! Does he really think he will get elected now?I am glad I had enough brains to move back to Janesville!!!!

turkeyman
Sep 5, 2008 at 7:20 p.m.
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OK so Finley says something stupid and for whatever reason apologize. You would think that would be the end of it. Apparently Nieuwenhuis doesn’t accept it-- weird, but that’s up to him. Then I read on to find out “ In a verbal agreement with the city, Nieuwenhuis Bros. picks up garbage at city-owned properties including the municipal building, police department, streets department headquarters, Aram Public Library, city parks, Delbrook Golf Course and compost site” Am I wrong or isn’t the Mayor one of the Nieuwenhuis Bros? Ok so that’s the way it is in a small town. The real strange part for me is “When the detective told Nieuwenhuis the property from which the sign was taken, Nieuwenhuis said he knew who took it. He declined to name the person but said he or she has nothing to do with Nieuwenhuis Bros”. I didn’t know you could decline to tell the police anything.

camman
Sep 5, 2008 at 6:41 p.m.
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sorry, school

camman
Sep 5, 2008 at 6:40 p.m.
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He fits right in in that town. the whole government is messed up there. I was born and raised there and it is hilarious. I went to school with a couple of the police officers and two of the police chiefs sons. The officers I know were the biggest trouble making punks all through schoo. and even after. I believe that they only got their jobs because of their parents standing in the community. Im so glad I got out of that dump of a town and am proud to live here in Janesville now.

gmaof3
Sep 5, 2008 at 6:04 p.m.
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But this is the kind of crap that happens all the time in Delavan, regarding political figures. I worked in Delavan back in 1993 to 1996 and then again at another company from 2001 to 2003. The silly governmental antics that were going on, was "status quo" from what I heard from the locals.

MrBlack
Sep 5, 2008 at 6 p.m.
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Sounds like the employee did the right thing, doing his job by throwing away the garbage.

JCK
Sep 5, 2008 at 3:44 p.m.
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He "probably" over reacted. LOL
Just what the citizens of Delavan need. A council member so impulsive and so enamored with his political clout that he threatens the owner of a local business over the removal of a single campaign sign because the perpetrator drove a green truck.
I hope he's fined the whole $1000 just to teach him a lesson and to let him know that isn't nearly the big shot he thinks he is.

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