Judge sentences 'brain-dead' Becker to three years in prison after former Racine mayor caught buying women's underwear

Handcuffed Gary Becker being led off to jail

Gary Becker's mind-numbing stupidity got him arrested, and then it got him sentenced to prison.

Judge Stephen Simanek sentenced Racine's former mayor to three years in prison Wednesday for charges related to the Internet sex sting that nabbed Becker in January of 2009. Becker was handcuffed and led out of the courtroom and is on his way to Dodge Correctional Facility to serve his sentence.

Becker was so close to walking away with probation. Simanek said as much during the three-hour hearing that produced a number of bombshell developments a Hollywood screenwriter would struggle to invent.

The biggest, at least for Becker, was the revelation that 15 days ago he went shopping at Boston Store in Racine for young girl's underwear. District Attorney Michael Nieskes disclosed Becker bought nine panties and bras - some with butterflies and puppies on them - in small or petite sizes on his credit card. The Boston Store clerk recognized Becker and reported the purchases to police, noting Becker spent an unusually long amount of time for a man browsing in the lingerie section.

Nieskes even presented a display in court, left, showing the girlish-looking underwear.

Patrick Cafferty, Becker's attorney, tried to beat back the report by providing an affadavit from a 46-year-old woman who claimed the underwear was for her. The woman was 5-foot-3 and 103 pounds, small enough to fit the underwear.

But Simanek was having none of it. He said up to Monday he was prepared to give Becker probation for his crimes, but the disclosure about Becker's Boston Store shopping changed his mind. In his decision, Simanek pounded Becker for "a sense of arrogance and invincibility that is astounding to the core."

"Mr. Cafferty does everything humanly possible to avoid prison, and two weeks ago, Mr. Becker goes and purchases all of these items, knowing it's exactly, exactly what got him in trouble," Simanek, right, said. "It's almost like a death wish. It's almost like you have to be brain dead to not understand the significance of that."

In a near empty court room after the hearing, Simanek told Cafferty he would have given Becker probation. "If you would have told me on Monday this would happen, I wouldn't have believed you," he said.

Even with the three-year sentence, Becker got less time than the District Attorney and the state were recommending. The DA's office requested a five-year sentence and the state, which ran the sex sting that caught Becker, recommended a four-year sentence.

Becker's Boston Store shopping was only one of several major developments in the dramatic hearing.

Nieskes revealed Becker ran out of gas on the way to his fateful meeting at Brookfield Square Mall with an undercover state agent posing as a 14-year-old girl. He said Becker was so determined to reach the mall to meet with the girl that he first called his secretary to ask if she could call the State Patrol and ask them to bring him gas. He then got a friend to bring him gas so he could finish his trip to the mall - and his eventual arrest.

Nieskes also said Becker admitted to having an affair with his secretary and another city employee. Becker's secretary was Sandra Tingle, who sued the city for sexual harassment after she was fired from her job.

Becker scowled during most of Wednesday's sentencing hearing

Based on past cases, Becker may not go to prison on sex sting charges

Think Gary Becker will get a long prison sentence? Think again. He may not go to prison at all.

That's the finding of the Journal Times' review of 27 cases similar to Becker's over the past 11 years. Most men (and it's all men) arrested in Internet sex stings served no time in prison, according to the JT. Only seven of 27 people caught by state agents posing as minors went to prison; of those seven, six were given sentences of three years or less in prison. (See the JT's chart here.)

Most people convicted in the Internet sex stings - 75 percent in Racine County - received a lengthy probation sentence with the potential to go to prison if they fail to follow rules set by the court, according to the JT.

What's this mean for Becker, who is scheduled to be sentenced on March 3? Odds are good he could avoid a prison sentence all together, But if he does go to prison, he'll likely spend less than two years there (with time off for good behavior).

Becker hearing in photos

(Photo - above) Gary Becker waits for Tuesday's plea hearing to start in the (ironically?) Juvenile Court Room. He was there to plead guilty to child enticement and attempted sexual assault of a child. He's sitting next to Channel 12's Colleen Henry.

(Photos - above, below) The media out-numbered lawyers, judges and plaintiffs in the courtroom Tuesday. All of the Milwaukee TV stations, the JT, the J-S, WRJN, WGTD and (of course) RacinePost were all represented at the hearing.


(Photo - above) Becker's fate now rests with this man. Judge Stephen Simanek will sentence the former Racine mayor on March 3. Simanek is leaving the bench in April after deciding not to seek re-election.

(Photo - above) Following the hearing, Henry asked Becker "Do you have anything you want to say to the people of Racine? How about to your family?" Becker stormed past without saying a word.

Becker admits to child enticement, attempted sex assault of child; former Racine mayor looking at 45 years in prison

A fairly empty courtroom for a high-profile hearing

Former Racine Mayor Gary Becker could receive 45 years in prison after pleading guilty Tuesday to one count of child enticement and one count of attempted sexual assault of a child.

Becker appeared before Judge Stephen Simanek to change his not guilty plea to guilty on the two felony charges. In exchange for the plea, District Attorney Mike Nieskes agreed to dismiss six felony counts against Becker, including possession of child pornography and misconduct in public office.

Gary Becker and his attorney, Pat Cafferty, watch DA Mike Nieskes

Becker was arrested Jan. 13 at Brookfield Square Mall after attempting to rendezvous with a 14-year-old girl he met in an Internet chat room. The "girl" turned out to be a state agent who lured Becker to the mall and busted him. The arrest brought national attention to Racine, abruptly ended Becker's second term as Racine mayor and led to his wife divorcing him.

With the guilty pleas, Becker could be sentenced to 20 years in prison for the attempted sexual assault and 25 years for child enticement. Simanek is scheduled to sentence Becker on March 3. Becker remains free on parole bond pending sentencing.

Following the hearing, Nieskes, left, said he was happy with the plea and would recommend prison time for Becker.

"He has 45 years of possible exposure," he said. "I think that is adequate."

The surface of Tuesday's hearing was mundane. Becker appeared with his attorney, Patrick Cafferty, and Nieskes appeared as the lone representative of the DA's office.

Simanek ran through a series of procedures to ensure Becker understood what he was admitting to and that there would be no trial. Becker answered most questions with, "Yes, your honor."

Attention now turns to the sentencing hearing, where Becker could receive anything from 45 years in prison to probation, depending on Simanek's ruling.

The sentencing hearing will be a mini-trial in itself. Nieskes said he intended to introduce into court further evidence of Becker's online habits, including child pornography and additional online chats.

Nieskes also laid out a potential strategy for Becker to argue for a lesser sentence. He asked the court to require Cafferty to provide any of Becker's medical records he intended to enter at sentencing. The records would include any findings of the doctors at the Philadelphia clinic where Becker was treated for sex addiction.

Judge Stephen Simanek

Ostensibly, Cafferty could argue Becker was suffering from a medical condition at the time of his arrest and should, because of treatment, receive a lesser sentence.

Nieskes said he was satisfied with the plea deal because Becker plead "guilty" instead of "no contest" to the charges. While it's something a semantic difference, Nieskes said Becker's plea means he accepts responsibility for his actions.

If he plead no contest, Nieskes said, it would mean the prosecution could prove its case, but he wasn't actually admitting to the crimes. Tuesday's hearing means Becker admitted to the crime and will now be sentenced for it.

District Attorney Mike Nieskes answering reporters' questions after the hearing

Becker to enter a plea next Tuesday, avoiding trial

Update: Today's the day. Two big questions will be answered at today's hearing. 1.) What is Becker pleading guilty to? 2.) How much prison time will the prosecutors go after?

Judge Stephen Simanek is presiding over the trial. For the conspiracy buffs out there, Simanek and Becker were friends before the ex-mayor was arrested and Simanek isn't running for re-election this spring.

But before the comments get going with the "Becker won't go to prison" thought, it's safe to say the former mayor will spend time behind bars. It's the appeals process that'll be worth watching.


Original post: Former Mayor Gary Becker's journey through the court system, which began last Jan. 13 with his shocking arrest on child enticement and child porn charges, may end soon.

Instead of the trial he was facing on Feb. 1, Becker is now scheduled to enter a plea to at least some of the charges on Tuesday, Dec. 22, at 2:30 p.m. before Judge Stephen Simanek.

Becker was arrested in Brookfield Square Mall when he attempted to meet up with a 14-year-old girl he had been sex-chatting with online -- except "she" turned out to be a Department of Criminal Investigation agent. Computers he had turned in for repairs to city workers were also found to have child pornography on them.

The Journal Times has a little more HERE, mostly background.

Becker off to Pennsylvania treatment facility

Pat Cafferty and Gary Becker at today's hearing

Gary Becker's defense attorney, Pat Cafferty, carried the day Tuesday morning, as Racine's former mayor was given permission to leave the state to attend a six-week residential treatment program for sexual compulsivity.

Judge Stephen Simanek accepted Cafferty's arguments, stating, "I think he poses no additional risk."

District Attorney Michael Nieskes had argued for increased cash bail, and said "I believe there's adequate treatment in this area" for the impulses that led to his arrest on child sexual enticement charges in January. Pointing out that Becker "leaped right into it" when a DCI investigator, posing as a 14-year-old girl, offered to meet him for sex, Nieskes noted that none of the 16 prior cases cited by Cafferty Monday in his motion to revise Becker's bond restrictions covered the same range of accusations.

"No one else misappropriated government funds," he said, referring to the charge that Becker asked a city employee to fix his personal computer. Noting that some of the cases Cafferty listed carried cash bonds of $30,000 to $50,000, Nieskes said of Becker, "I think he's a greater flight risk." He also said Becker was more likely to adhere to bond requirements if kept in Racine County because "there are thousands of eyes in the community" watching him.

Cafferty said the KeyStone Center in Chester, PA, had conditionally approved taking Becker as a patient, pending only financial arrangements and the court's consent. Current bond restrictions against alcohol consumption, contact with minors and a prohibition against the use of computers would remain in effect. (A call to KeyStone this morning revealed the cost of the treatment: $450 per day, or $18,900 for six weeks.)

Cafferty said others accused of crimes similar to those pending against Becker have been allowed to attend out-of-state treatment, and he argued that Becker "shouldn't be treated any worse than anyone else. The reality is, he isn't going anywhere but for treatment."

Judge Simanek agreed, noting that Becker "operates a business, has family here, has a residence." It wasn't clear whether he was referring to Becker's wife, Julie, who filed for divorce on Jan. 20, the same day Becker resigned as mayor, or to his mother. Becker's cash bond of $10,000 was left unchanged.

Simanek said Becker has been "compliant" with drug and alcohol monitoring, and that the KeyStone Center "is legitimate, not fly-by-night; it's not the Betty Ford Clinic."

Becker is required to notify the court as soon as he leaves the treatment facility. His previously scheduled April 3 pretrial hearing was reset to April 24, at 8:45 a.m.

Becker seeking gets OK for out-of-state treatment

UPDATE: The court on Tuesday morning, after a half-hour hearing, gave Gary Becker approval to attend in-patient treatment at the KeyStone Center near Philadelphia. Efforts by District Atty. Michael Nieskes to instead have him receive treatment here, or to raise his cash bond, were rejected by Judge Stephen Simanek. Becker is expected to check in to the residential facility for the six-week treatment regimen later this week. To accommodate the treatment, Becker's April 3 pre-trial hearing was moved to April 24. More later...

Original post:

Former Mayor Gary Becker, who faces a 9 a.m. bail/bond hearing tomorrow in front of Judge Stephen Simanek, has filed a motion that appears to seek permission to obtain treatment out of state.

The motion filed by Becker's attorney cites the cases of 16 defendants who, as Atty. Patrick Cafferty spells out, were facing "similar charges to the charges filed against Defendant" but who "have not been restricted by the conditions of their bonds from leaving Racine County or the State of Wisconsin while their cases were pending in Racine County." The cases cited ranged from 1999 to 2002, and required bonds between $5,000 and $50,000.

Becker's present $10,000 bond restricts him to Racine County, except for trips to Milwaukee for medical treatment.

Cafferty filed an attachment with his motion containing the address and a description of an inpatient treatment program at the KeyStone Center, 2001 Providence Ave., Chester, PA, 16 miles from Philadelphia. KeyStone's website describes it as "a residential center for healing from Sexual Compulsivity and Trauma."

The 16-bed sexual extended care unit, part of a larger 116-bed residential facility for treatment of addictions like gambling and alcoholism, is for persons who "have a primary problem with sexually compulsive behavior, sex addiction and/or trauma. Persons with love addiction and co-dependency behaviors are also considered and encouraged to apply. Clients must be physically and cognitively able to participate in the program."

At Becker's last court appearance, on Feb. 10, he stood mute and the court entered not guilty pleas on his behalf to eight charges stemming from a state Department of Criminal Investigation sting that brought him to Brookfield Square Mall in January expecting to meet a 14-year-old girl for sex, but instead finding criminal investigators. The sting was initiated after a city IT worker found inappropriate pictures on a computer Becker gave him to repair. The former mayor is charged with eight felonies relating to child enticement, attempted sexual assualt of a child and possession of child pornography.

Silent: Court enters not guilty pleas for Becker

Gary Becker's silence told the story in court today.

The disgraced former mayor stood mute on eight charges filed against him following the Internet sex sting that nabbed Jan. 13. That left Judge Stephen Simanek to enter not guilty pleas for Becker on eight felony counts, including two new charges for possession of child pornography.

The arraignment hearing last about three minutes. Becker appeared in person with his attorney, Patrick Cafferty. District Attorney Michael Nieskes and Assistant District Attorney Bob Repischak appeared for the state.

Becker's next court appearance is scheduled for April 3. He remains out of jail on bond.

The additional child pornography charges came from a desktop computer found in Becker's car the night he was arrested at Brookfield Square Mall by agents from the Department of Criminal Investigations, Nieskes said.

The images show graphic pictures of clearly underage girls, said Nieskes, who added additional charges may be filed against Becker. Investigators are waiting to hear back from the National Center for Missing and Exploited Children, an agency that researches child pornography cases.

Aside from Cafferty, Becker appeared at the hearing alone.

Atty. Pat Cafferty and Gary Becker at arraignment

Mr. Mayor: Tom Friedel will hold the job just 91 days

Tom Friedel tries out the mayor's seat for the first time

By a unanimous vote, the Racine City Council elected Alderman Tom Friedel as mayor tonight -- a post he'll hold exactly 91 days, until his successor is elected on May 5.

The council's action came just 20 days after Mayor Gary Becker was arrested on child sexual enticement charges, and exactly two weeks since Becker resigned the position he'd held for five years.

Meet Tom Friedel; His background here

Friedel was sworn in at 8:05 p.m. the high point -- though fully expected -- of an otherwise desultory council meeting. The only other actions of any importance were agreement with the Plan Commission's rejection of a 55-apartment West Racine project and a decision to reject the Committee of the Whole's recommendation to hold the mayoral election on June 2. The Council moved the election back to May 5 -- a move Friedel had argued against -- with the primary to be held with the regular spring elections on April 7. All those votes were 14-0.

After he was sworn in, Friedel said he was glad the city could now put behind it "the minor incident of one individual."

"We'll work together," he said, on brownfields, on getting state aid and grants, on other city issues. "My sincere hope is that at the end of four months we'll have an election and you'll hardly know I was here."

He gave credit to the city staff for their handling of city business in the interim, and said, "To the citizens, I promise no less than the best of my ability. I don't always get it right, but I will listen to you."

Council members and citizens gave him a round of applause after he took the oath of office from City Clerk Janice Johnson-Martin and handshakes and hugs from members of his large family: wife, daughter, three brothers, a sister and cousin who were all in attendance.

Friedel came in for some good-natured kidding after his opening remarks. Ray DeHahn said he had heard rumors "of two cars in every garage, and a chicken in every pot." Q.A. Shakoor II asked the usually casual Friedel, "What are you doing with a tie on?" Jim Kaplan thanked Friedel for stepping in, and said, "I couldn't be more proud." Jim Spangenberg also praised Council President David Maack for his "honor and dignity that brought us through this, and the phone calls in the middle of the night."

As the meeting broke up, Friedel said, "The burdens will come later, but I don't feel any different right now."

"It's an honor," he said, "but not a time for celebration. These are not the circumstances anyone would want. It's not an election."

Alderman Tom Friedel named interim mayor

Alderman Tom Friedel at Thursday night's Committee of the Whole meeting.
See more photos from the meeting here.

Respected Alderman Tom Friedel will be the city's next mayor.

The City Council, meeting as the Committee of the Whole, voted unanimously Thursday night to appoint Friedel to the city's top office. He replaces Gary Becker, who resigned after getting arrested in an Internet sex sting.

Friedel was selected based on an obscure city ordinance that laid out a succession plan in the event of a war. The ordinance listed the City Council president as first in line, followed by the chairman of the Finance Committee, Public Works Committee and Public Safety Committee.

Alderman David Maack, who is council president, passed on serving as interim mayor because he would lose his council seat in the April election. Friedel, as chair of the Finance Committee, was next in line and agreed to serve. He also agreed not to run for mayor in the special election this spring, an important consideration for council members reluctant to give an edge to a candidate.

Council members widely praised Friedel for his skill and experience in handling city business.

After the meeting, Friedel said he would take an unpaid leave of absence from his job at Twin Disc while serving as interim mayor. He will be paid as mayor, and will earn roughly one-third of the mayor's $69,000 a year salary ($91,000 when you add in benefits) for his 3-4 months of work as the city's chief executive.

The council will finalize Friedel's appointment on Tuesday, the same night the council scheduled to vote on a proposed $7 million development in West Racine.

Friedel said Thursday night he was undecided on the development.

Here's how the meeting went down:

5:53 p.m.

No one is parking in the mayor’s parking spot tonight.

5:55 p.m.

TV is here tonight. Channel 4 is parked in the lot, and another guy is carrying around a big camera. The crowd is smaller than last night’s Plan Commission, but the full council is here, so the room is hopping.

5:57 p.m.

Jim Smith is here. So is First District candidate Mercedes Dzindzeleta, and former Alderman Bob Morrison, Police Chief Kurt Wahlen, Mayoral candidate Pete Karas, City Administrator Ben Hughes, and former Alderman Tom Sollman.

6 p.m.

David Maack calls the Committee of the Whole to order. The whole council is here, and everyone is in a bubbly mood. Jeff Coe hands out bottles of water. Sandy Weidner points out she just got her hair done.

6:03 p.m.

Maack clarifies the council will not vote on when to hold the special election to replace the mayor. They’re just here to select an interim mayor.

City Attorney Bob Weber lays out the situation. The council is looking for a full-time mayor who won’t run in the upcoming special election. They have three ways to go about picking the mayor:

1. Do nothing, which would violate state law.
2. Appoint a mayor until an election takes place.
3. Use an obscure provision in city code that lays out a succession order for the mayor’s office in the event of a war.

Weber says No. 3 would apply to Becker’s surprising resignation. “An indictment is not a war, but it’s certainly created an emergency,” he said.

The succession order is:

1. President of the City Council
2. Chair of the Finance Committee
3. Chair of the Public Works Committee
4. Chair of the Public Safety Committee

Here’s where it gets messy. Becker had the discourtesy of attempting to hook up with a 14-year-old for sex near the spring election, which makes picking his replacement a lot more complicated. Under the succession plan, Maack would be first in line for the mayor’s office. But he’s up for election in April, and would have to resign his council seat and skip the spring election. The council could reappoint him to the seat, but then he’d have to run for re-election in 2010 and 2011.

In other words, Maack, who wants to stay on the council, wants no part of the interim mayor position. So who’s next in line? Tom Friedel, who chairs the Finance Committee.

6:09 p.m.

Alderman Ron Hart is the first to wade into the debate. He wants to talk about saving $36,000 by moving the special election primary up to coincide with the general election in April. But he can’t talk about it, because it’s not on the agenda. He tries anyway and gets point-of-ordered into silence.

6:12 p.m.

Alderman Jim Kaplan belabors the point saying an agenda was sent out listing the special election issue as up for discussion. Nope, says Weber, that was an internal staff memo.

6:13 p.m.

Alderman/Mayor Candidate Jim Spangenberg wants to go down the list of succession and see who’s interested in the interim job. Friedel, Helding and Shakoor (the committee chairs) all say they’re eligible. Helding and Shakoor shrug, though. They think Friedel is the way to go.

6:15 p.m.

Alderman Aron Wisneski takes the lead. He says he talked with a bunch of people and every single person said, roughly: Did you set an election date? About the interim mayor, they said: We don’t care who it is. There should be one. Make a decision.

“Having an empty executive seat for 3-4 months is not going to benefit the city at a crucial time,” Wisneski said.

He then introduces the motion to appoint Friedel interim mayor. It’s immediately seconded.

6:18 p.m.

Hart asks if the city could save money and just stick with Maack as a stop-gap until the special election. Weber says, under state law, that’s probably not a good idea. Hart pushes the point. There’s not really a need for an interim mayor, he says, and they’ll just take up staff time learning all of the issues. Plus, Racine’s legislators will take care of the city’s share of the federal stimulus funds.

6:22 p.m.

Maack, who’s managing a long list of speakers, accidentally skips Alderman Mike Shields and calls on Alderman QA Shakoor II. Shields isn’t amused. “I yield to the alderman, but pay attention,” Shields says to Maack. Maack winces.

6:23 p.m.

Shakoor says succession is the way to go. It looks like Friedel will be the next mayor.

6:24 p.m.

Shields wants to know if Friedel is, or isn’t, going to run for mayor.

6:25 p.m.

Friedel makes a statement. He says the last two weeks have been painful, and he’s worked behind the scenes to get Becker to resign. After talking with family and his employer (Twin Disc), he decided it’s not the right time to run for mayor. “I have no intention of running this spring,” he said. (Note how Friedel didn’t rule out a future run for mayor. He’s eyeing 2011.)

6: 27 p.m.

Shields says he won’t mind Maack filling in as mayor. He points out Mayor Olson was sick for two months and the City Council president filled in fine.

6:28 p.m.

Alderman Bob Mozol wants to make sure the council is following the succession path. It is.

6:30 p.m.

Alderman Jim Kaplan speaks against the motion, but not why you think. He says the succession plan automatically makes Friedel interim mayor, so no need for a motion. In other words; What are we all doing here?

Weber says Kaplan is right, but the council needs to vote to follow the succession plan,

6:32 p.m.

Alderman ray DeHahn supports Friedel. He asks how much training Friedel will need.

6:33 p.m.

Friedel says not a lot. He’s served on the School Board and City Council for a long time. He knows the drill.

6:34 p.m.

Weidner backs Friedel. She says she was surprised at the passion residents had on the need for a mayor, and for holding a special election. She notes Friedel was elected to the council, and describes him as trustworthy and diplomatic.

6:36 p.m.

Alderman Jeff Coe says Maack did a good job as a fill-in mayor, and that he respects Friedel. But he’s worried appointing a someone on the council interim mayor will cause divisiveness.

6:37 p.m.

Alderman Greg Helding backs Friedel. He says the council isn’t rushing to a decision, it’s being decisive.

6:39 p.m.

Spangenberg says Maack is doing a good job, but the council needs to follow the law. The city would be in very good hands with Friedel, he says.

6:41 p.m.

Shields says Friedel would do a good job, but wonders about his council seat. If Friedel is named mayor, won’t he have to resign his council seat? And, wouldn’t the council appoint a replacement to fill out Friedel’s term, which runs through 2010?

For a moment, the love fest is broken. If Friedel is named interim mayor, the council will have to reappoint him to his seat once the new mayor is elected. In a sense, they’re making a deal to keep his seat vacant for 3-4 months.

Weber muddies the waters by saying the council can’t appoint a replacement. Helding points out the council has left vacancies in the past and had other aldermen cover the district.

Spangenberg adds if Friedel’s constituents are having a problem, they can call the mayor’s office.

6:45 p.m.

Alderman Terry McCarthy is good with Friedel and the succession plan.

6:46 p.m.

Mozol quips, “The way it sounds tonight, everyone is running for something.” He really wants to nail down that council followed the succession plan.

6:47 p.m.

Wisneski agrees to reword his ordinance.

6:48 p.m.

Hart speaks in favor of the motion. He still wants to save $36,000, and adds about Friedel: “I played ball against him years ago. He couldn’t catch, but he still played ball.”

6:49 p.m.

Weidner points out the motion goes to the council meeting on Tuesday. Weber says Friedel would be sworn in Tuesday.

6:50 p.m.

Kaplan backs Friedel. The love fest is officially back on. Except for the money. He really doesn’t want to hold two special elections.

6:50 p.m.

Maack thanks the council for saying nice things about him. He calls for a unanimous vote for Friedel. Weber clarifies the council could appoint a replacement for Friedel.

6:52 p.m.

Wisneski calls to question. Weidner is worried Friedel may lose his seat. She wants to know if the council will hold it open for him. Maack says the council can’t talk about it.

6:53 p.m.

Friedel says he’ll risk losing his seat. “It’s more important I serve as interim mayor than alderman of the 10th District,” he says.

6:54 p.m.

Spangenberg points out Friedel is going to hear from his constituents as interim mayor.

6:55 p.m.

It’s unanimous for Friedel. Crowd applauds.

6:56 p.m.

Meeting adjourned.

Deja vu all over again: Jim Smith for (interim) mayor?

After days of quiet questioning from various aldermen and city employees, former mayor Jim Smith has made clear his position on another term as Mayor.

Absolutely not.

But in a letter sent tonight to all the aldermen, Smith says he would be willing to serve as Interim Mayor until a new mayor is elected.

Smith writes:

I have been asked by numerous individuals to consider serving as Interim Mayor, and would be willing to serve if asked. I have no interest in running for mayor in the future, and pledge not to do so. But, because of my love for Racine and respect for the institution of the Office of Mayor, City employees and Racine residents, I would agree to be of service until a new mayor is elected by the voters. I would make a full-time commitment to the job of Interim Mayor and take a leave of absence from my current employment as a Realtor with Century 21 Savaglio & Cape.

Being away from the daily business of City Hall since leaving office in 2003, I would come in with a fresh perspective as well as knowledge of previous history. We need to stop the barrage of negative press about problems at City Hall so the city can move forward and restore Racine's reputation. By working together, we can rebuild trust, confidence and transparency to the office.

Many of you know me and have served with me. While at times we may have had differences of opinion, I respect the critical role of the City Council and each and every person who makes the decision to serve as an elected official. I have no political agenda except for what is in the best interest of the city and its residents. i would direct all my energy to work with each of you and believe that together we can restore the people's faith in City Hall.

In the letter, Smith also noted that he had 10 years as an alderman and 8 as mayor, and is "uniquely qualified and would be able to step in immediately and get to work." He listed some of the accomplishments of his administration, including the regional sewer agreement, becoming an All-America City and consecutive National Make-A-Difference-Day awards, accomplished "because of the solid partnerships between aldermen, staff an citizens..."

Choosing Smith would allow the Council to avoid the "King-Maker" effect some members feared if they picked a sitting alderman as interim mayor... one who might then run for the post as the de facto incumbent. It would also avoid the problem any alderman would have relinquishing his or her district seat to take the Mayor's chair for just a few months, thus having to run again for alderman.

Keep in mind the irony if Smith does succeed Becker, even if just as Interim Mayor for a few months. City Hall watchers remember well the incident in 2006 in which Smith's wife, Joyce, called then-Police Chief David Spenner, to say she thought they'd seen Becker driving drunk. The inconclusive handling of that report led shortly to the departure of Spenner.

But whether City Council egos could be subsumed with such a selection is in question, especially as so many have already filed for the election, or are still considering filing. So far, the Council has voted to hold that election on June 2, but it won't be formally set until the Council meets again on Feb. 3. Smith said he had heard from three aldermen suggesting he offer himself up as Interim Mayor. I talked to another tonight -- one who wished to remain anonymous -- who said he thought it was a plausible idea; and this is an alderman who said he had clashed with Smith on many matters when they served together.

The council meets tomorrow at 6 p.m., as a Committee of the Whole, to decide how to move forward.

Rep. Cory Mason will NOT join race for Mayor

State Representative Cory Mason, D-Racine, announced today that he will not run for Mayor of Racine in the special election this Spring.

"While I am honored to have so many wonderful people ask me to consider running for mayor, I know I will be able to better serve the Racine community where I am now," he said.

Mason was first elected to the state Assembly in 2006. Earlier this month Speaker Mike Sheridan appointed him to the Legislature's Joint Committee on Finance.

"I believe I can do more for Racine, Mt. Pleasant, Sturtevant, and Elmwood Park as a member of Joint Finance than I can as mayor of Racine. As a legislator, there are things I would like to be part of accomplishing for our community: establishing KRM, increasing job training to get people back to work, holding down property taxes, investing in our schools and expanding access to affordable health care, just to name a few," Mason said. "Committing my full attention to the budget and legislative process will help ensure my vision for Racine is achieved."

When I spoke to Cory this weekend, he was clearly debating: "Am I a bigger asset to Racine staying where I am on the Joint Finance Committee, affecting some regional issues like taxes, KRM ... or being the mayor. I don't have the answer yet."

"Keeping the city moving forward is a really important job," he said. "It's an unfortunate set of circumstances we're in. You've got to have a captain."

Speaking of disgraced Mayor Gary Becker, he said, "Gary did some positive things for the city; you did have to acknowledge that he had a direction for the city. That's what made his personal conduct so doubly painful... setting the city back."

Mason is a lifelong resident, "born and raised here, went to Case High School, had family here for five generations. The Racine story was always that every generation got to do a little bit better than the generation before." As the father of a month-old daughter, he said, "that's what motivates me."

Who wants to be (interim) mayor?

Who wants to be mayor?

OK, it seems like just about everyone. (RacinePost would like to formally announce it is not running for the office.)

But it also seems like no one wants the job, at least on a temporary basis. Along with setting June 2 as the special election date, the council will consider appointing an interim mayor to fill the office until the election. The alternative is to appoint no one and let Alderman David Maack continue in his role as City Council president/interim mayor. Both ideas have problems. Consider:

INTERIM MAYOR: The interim mayor would be, well, mayor, with all of the powers that entails (though not free tech support on your home computer). This would give them five months to put their stamp on city policy before handing over the reins to the newly elected mayor. It also gives them a powerful endorsement (read: bargaining chip) in the special election.

NO INTERIM MAYOR: As one city official said, that could be like telling residents we don't really need a mayor. If Racine can run fine for five months with a chief executive, why bother with the $70,000+ salary that comes with the job? It also calls into the question the council itself. If our elected city officials can't make this decision, what decision can they make? Alderman Ray DeHahn also pointed out the federal government is nearing approval of one of the largest handouts in US history. Is this really a time to be without a mayor?

The obvious answer here is to promote a sitting alderman or alderwoman to the mayor's office until the special election. But that would require the council member to, at least temporarily, give up their City Council seat and be vulnerable to a special election of their own.

(Here's where things get a little confusing. Read on at your own risk.) If an alderman in an odd-number district is appointed interim mayor, and then reappointed to the council, they would have to run in a special election next year, and then for re-election in 2011. That would be three elections in three years - not a fun task for any elected official.

That leaves City Council in even-numbered district as viable interim mayor candidates. These include: Bob Anderson (2nd), Jim Kaplan (4th), Sandy Weidner (6th), QA Shakoor II (8th), Tom Friedel (10th), Aron Wisneski (12th) and Ron Hart (14th).

Kaplan and Shakoor are interested in running for mayor, so they may be out. Anderson and Wisneski are relatively new to the council, and probably don't have the experience (yet). That leaves council veterans Weidner, Friedel and Hart, who all could be a good fit - and may realistically be the front-runners for the interim slot.

That is, if the council can make a decision Thursday how it wants to proceed.

And then there were five candidates for mayor...

And then there were five...

Five officially announced candidates for mayor of Racine, that is. Jim Spangenberg, 13th District Alderman, joined four others who have filed a declaration of candidacy for the post abandoned last Tuesday by Gary Becker after his arrest -- was it just two weeks ago? -- on child sexual enticement charges.

Spangenberg joins two other aldermen -- the 11th District's Greg Helding and the 4th District's Jim Kaplan -- one former alderman, Pete Karas, and Jody Harding of the Racine Taxpayers Association who have officially entered the race.

Other aldermen who have said they are considering running include Q.A. Shakoor II of the 8th District and District 5 Alderman and Council President David Maack.

And then there's Rep. Cory Mason, who would bring another dimension to the race. Certain bloggers, by the way, have said that Mason can't run, because of a new policy adopted by Assembly Speaker Mike Sheridan prohibiting state representatives from raising campaign funds during consideration of the state budget., which is sure to overlap the campaign period of a mayoral race.

We looked into that and learned -- from Phillip Walvak, communication director for the Speaker's office -- that the change in the State Assembly's policy manual prohibits the raising of campaign funds for future Assembly races. "The intent was never to make it impossible for them to hold a non-partisan other office," Walvak said. "It's just a policy that the Assembly will impose on itself for candidates' re-election bids for the State Assembly."

With that out of the way, Mason still hasn't decided. He did say, however, that his new baby, Eleanor Roosevelt Mason, born on Dec. 26, isn't sleeping enough yet to give him time to consider much of anything. He's got time; the City Council won't formally set the election date for any mayoral race until Feb. 3 at the earliest.

Becker minutiae

Here's a few loose ends on the end of the Gary Becker era at City Hall. City officials (mainly City Administrator Ben Hughes) are taking away the mayor's keys, credit card and parking passes, among other items.

It must be a weird spot for Hughes, who was hired by Becker and worked closely with the mayor. Now, he's taking the final steps of erasing Becker from the city's employ. Here's the email from Hughes (written Wednesday to City Attorney Rob Weber, another Becker hire) laying out the final steps:

Rob,

I am seeking your advice and assistance regarding a few potential unresolved issues with Gary Becker. If you agree, I suggest that you communicate with attorney Pat Cafferty to seek his help in resolving the issues:

1. It is my understanding that Gary Becker still is in possession of a key to the exterior of City Hall doors and a key to the Office of the Mayor. These should be returned to us as soon as possible.

2. As Mayor, Gary Becker was issued an official City purchasing card. I asked the Finance Department to cancel this card last week and this was accomplished. However, Gary is still in possession of the actual card and I recommend that it be returned to us as soon as possible.

3. It is my understanding that as Mayor, Gary Becker was in possession of a device that allowed him to park (without a charge or fee) in all public parking garages within Racine. I will defer to Rick Jones to confirm if this is accurate. If so, this should be returned to us as soon as possible.

4. I also believe that Gary Becker was given an official city parking sign for placement in his rearview mirror while conducting city business. While this is not critically important, I do believe that this should be returned to us.

5. I will defer to Paul Ancona to determine if any electronic devices (laptops, cameras, etc.) owned by the City are still in the possession of Gary Becker. While I understand that many of the electronic devices have already been seized, I do want Paul's verification that everything is accounted for.

Please let me know your thoughts. Also, please let me know if I have missed any items on my list.

Ben

Council votes for June 2 mayoral election

The Racine City Council voted tonight to hold a special mayoral election on June 2, with a primary, if needed, on May 5. The election will determine who is mayor until April 2011, when Gary Becker's term would have ended.

Ignoring the extra cost, the Council voted to give candidates more time to get the word out, and citizens more time to get to know the candidates than would have been possible if the primary had been set at the earliest possible date, concurrent with the April 7 spring election, followed by a general mayoral election four weeks later. Each city election, primary or general, costs about $36,000.

Meeting as a Committee of the Whole, council members also decided to meet next Thursday, Jan. 29, at 6 p.m. to devise a process to fill the vacant Mayor's chair until the election can be held. They did this after an abortive attempt by 1st District Alderman Jeff Coe to have 5th District Alderman David Maack, council president, named as Acting Mayor (or interim mayor, or just plain mayor until the election).

But all action taken is provisional: Nothing is "decided" until the Council meets at its regular meeting date on Feb. 3 to finalize -- or perhaps undo totally -- the action it recommended to itself while meeting as a committee.

Last night's 90-minute meeting showed clearly why cities need a single, decisive mayor, as the discussion ranged back and forth between two points of view: the need for a quick election vs. voters' need for time to get to know the candidates.

The meeting began with a quick motion by District 11 Alderman Greg Helding, right, -- an already announced candidate for mayor -- that the city hold its mayoral primary with the April 7 election, and then the general election four weeks later, as the law requires, on May 5. District 10 Alderman Thomas Friedel demurred, saying "That's too short a time for us to really examine the candidates' qualifications."

Some aldermen spoke in favor of a quick election:

"The city has been wounded. We need to move forward." -- District 9 Alderman Terrence McCarthy.

District 14 Alderman Ronald Hart said his constituents want to move on "as soon as possible."

"I see it as a healing, a positive movement toward establishing order." --District 4 Alderman Jim Kaplan.

Others spoke in favor of delaying an extra few weeks:

"I feel we'd be rushing this." -- District 15's Robert Mozol.

"Haste makes for poor legislation." -- District 8's Q.A. Shakoor II.

Friedel then made a motion to amend Helding's motion by resetting the election to June 2 and the primary to May 5. "The extra expense is well worth being paid," he said. "I don't think it's in our best interests to rush this."

The discussion continued as it had before the amendment was offered:

Maack: "Everyone I've talked to has asked for a special election as soon as possible. If we leave it (as originally proposed in April), we'll have higher turnout and less cost."

Coe: "$70,000 is a small amount of money for the people to get to know the candidates."

Kaplan, noting that April 5 is Cinco de Mayo, said: "The further we push it back, the more the enormity of of the matter goes away.

Shakoor: "Whether we have it in May or June, the city will function." Later gives "more time to let Democracy work. There's no need to rush."

Raymond DeHahn, District 7, opposed Friedel's amendment, over concerns the city might lose "potential money coming down from Washington. Without a mayor we might miss the money coming down for KRM," he said. City Administrator Ben Hughes was asked his view of that, and he -- "without endorsing any timeline" -- said "I am confident that with our 13 department heads we can continue to monitor all grant opportunities."

McCarthy, referring to Hughes' mention of the need to participate in state budget discussions, said, "I would rather have that done by someone elected by the citizens."

One of the strongest proponents of a quick election was District 3 Alderman Michael Shields, who said, "We've been hit with a major disaster. Our forefathers gave us a timeline. We should clean this mess up as fast as we can."

Hart, also speaking against the amendment, noted, "After Memorial Day, it's kind of an inconvenience to the voter."

Friedel, right, expecting defeat, called the question, pointing out, "Keep an open mind. We will have to vote on this again as a Council." Surprisingly, the vote to change the date in Helding's motion to June 2 was 8-6 in favor (Kaplan, Hart, DeHahn, Helding, McCarthy and Shields voting no.), and then Helding's motion calling for the election itself was passed 10-4 (Kaplan, Hart, DeHahn and Shields voting no.) .

Then the council set about determining how to fill the empty mayor's seat until the election. District 12 Alderman Aron Wisneski said, "We need to have someone able to sit in the chair as a full-time mayor." Other mayors, he said, "will be fighting tooth and nail" for funds from Washington and Madison. "Leaving it to staff is not putting our best foot forward."

That brought a rejoinder from Shields, who said, "It seems he's contradicting himself, given he voted for the later election. If we wanted a full-time mayor, we should have gone along with the (earlier) election."

And so it went, until Coe said, "I think we have a person now that is very capable...he works for the county...I think Dave (Maack) as acting mayor has done a good job." And then he made a motion to appoint him as Acting Mayor -- a motion that seemed to catch others by surprise. DeHahn quickly asked whether Maack would be on leave from his job as Racine County Emergency Management Coordinator.

City Attorney Rob Weber, left, next to David Maack, Council President

Maack indicated that he could "fill in, take vacation, make this work." But the pushback came quickly. District 6 Alderman Sandy Weidner said, "I thought this discussion would take place after the election date is decided by the council." And Helding pointed out, "We can't make this up as we go along." In any case, he noted, Maack "would have to resign as alderman. If we appoint a mayor, we appoint a mayor."

City Attorney Rob Weber agreed: "The offices of Alderman and Mayor are incompatible," he said. "You can't be both at the same time." That changed everything. Maack said he was "flattered," but wouldn't want to give up his aldermanic seat. "We have a lot of exciting things going on in the city," he said, asking Coe to withdraw his motion, which Coe did.

The discussion went on, but it finally led only to a decision to hold next week's Committee of the Whole meeting for further discussion of the process the Council would employ to fill the mayor's chair until it is filled by an election. McCarthy noted that the statute says "we shall appoint a mayor in a reasonable time period," but no one could give a firm definition of how long "reasonable" is. Weber noted, "As a former municipal judge, I have no idea," although he did say "shall means sooner rather than later." But he noted, with some humor, "Even if there's litigation on this, we'd have a mayor before it came to court."

Council members were urged to come up with their proposals before next week's meeting, and present them to Weber for vetting. "We need to act," said Wisneski. "We're going to shoot ourselves in the foot if we wait," said DeHahn.

Maack reminded all, "I want everyone to understand the city is not leaderless. We are not a ship without a captain." Maack said that anyone can submit a name of a potential mayor to the Council, but McCarthy replied, "I would strongly urge you not to submit names. The process needs to be transparent."

In fact, anyone eligible to vote in Racine, legally "an elector," can be chosen as Acting Mayor. All it takes is a 3/4 vote of the Council. Keep in mind, the Council can also decide to leave things as they are, with Maack as Council President filling in, without ever appointing a Mayor for the interim until the election. (And, for the record, there is no such thing as Acting or Interim Mayor; there's just Mayor.)

Ron Thomas is NOT running for Mayor

Amid all the already-announced candidates for Mayor, the "seriously considering" candidates, the others quietly mulling ... well, here's a firm "no" from a former Alderman and mayoral candidate in 2003.

Ron Thomas is not running for mayor, he makes clear in this announcement:

Good morning,

While it is flattering to get phone calls asking me if I will consider being a candidate for Mayor of the City as I was in 2003, the reality is a firm no.

I have been contacted by a State Legislator, one of the candidates for Mayor, as well as a couple of City Council members and an elected official from Caledonia. Working for the United Way allows me to be very involved in the infrastructure of this community and I feel that is my strong suit. Working for the United Way of Racine County that is a non profit I would have to take a leave of absence without pay as I did in 2003. Being out of the system for six years is another incentive not to place consideration my involvement.

I am grateful for the calls and comments but my future is not as an elected official .

Sincerely,

Ron Thomas

Gary Becker's wife files for divorce

Bad news comes in threes, the old saying goes.

For Gary Becker, who until yesterday at 5 p.m. was Mayor of Racine:

-- Arrested, Jan. 13
-- Resigned as Mayor, Jan. 20
-- Wife files for divorce, Jan. 20

At right is the first page of the divorce filing in which Becker's wife, Julie, has filed for dissolution of their 27-year marriage. (Click to enlarge.)

The "Petition for Divorce (with minor child)" says that Julie and Gary Becker were married in Racine on Feb. 14, 1981 (Valentine's Day, in case you didn't pick up on that) and have two daughters, aged 20 and 17. Wisconsin being a no-fault divorce state, no reasons for the divorce are spelled out -- there is no mention of Becker's arrest just one week ago on six charges including child pornography and attempting to solicit a minor for sex.

In fact, the only reason mentioned in the filing is this: "The marriage is irretrievably broken."

The case has been assigned to Judge Dennis Barry. Becker has 20 days to respond.

Anyone looking for reasons, can find plenty in the complaint against Becker. Here's a small piece from the long and quite graphic internet chat transcript filed last week with the criminal complaint against Becker by the Wisconsin Department of Criminal Investigation. m reed, they say, is Becker; hope ulikeme14 is an investigator impersonating a 14-year-old girl.


Adding insult to injury: CNN's Lou Dobbs did a short segment tonight about two mayors in sexual hot water, Portland, OR, Mayor Sam Adams, who is openly gay and finally admitted he lied to cover up an affair with a teenager in 2005, and Becker, whose booking photo filled the screen for far too long.

Helding and Harding join mayoral race

Pete Karas was first to file a declaration of candidaacy for Mayor, but he won't be the last.

Already this afternoon, Jody Harding and Greg Helding made the trek to the City Clerk's office to join the race.

Jody Harding is a CPA, and a member of the Racine Taxpayers Association. She actually announced her candidacy on her blog on Aug. 22, although the full post appears to have been removed and the Continue Reading link goes nowhere. But the lede-in remains and it states:

After all the years of criticizing politicians, I suppose it was inevitable that I’d have to run for a government office one day. The forms have been filed, the announcement published… It’s official. I’m running for mayor.

I’m not sure if the butterflies in my stomach are excitement, or terror! For everyone who missed the press release, I’m posting it here. Continue Reading »

Greg Helding, 36, has been 11th District Alderman since 2005. He's a graduate of St. Catherine's High School and Marquette University, and works as a network engineer for Wisconsin Internet.

But stay tuned for more. Rep. Cory Mason said earlier this week he might run, and others who have expressed interest include Council President David Maack, 8th District Alderman Q.A. Shakoor, II and 13th District Alderman Jim Spangenberg. And I'm sure I'm missing half a dozen more...

Karas files to run for Mayor

Gary Becker is Racine Mayor for another three hours as I write this, his resignation not taking effect until 5 p.m. tonight, and the City Council doesn't meet until 6 p.m. Thursday to determine how to fill his job.

But Pete Karas has no indecision.

The former three-term City Council member filed papers with the City Clerk this afternoon to run for Mayor.

Karas said he had planned to run in 2011, when Becker's term expired, "but now it's moved up."

"I wanted to announce early because I encourage as many people to run as possible," he said.

An insurance agent, Karas resigned from the Council in 2007 when an obscure state law came to light, declaring that aldermen were prohibited from selling anything to anyone who holds a liquor license. That law has since been repealed.

"I want to run not only to bring some integrity back to city government, but because we need to focus on jobs, on the city's economic health." Karas also said he wanted to get more people participating in government.

When he was a Councilman, Karas recalled, "it's no secret my time on the Council was spent clashing with Becker." Karas likes Becker's renewable energy programs, but he takes them much further, advocating for Racine forming its own municipally owned electric utility. "These generally save the consumer between 20 and 40 percent," Karas said. He's a proponent of the Bright Public Power Initiative.

Another change Karas would bring is the elimination of the city administrator's position. "I've always advocated for a vice mayor position, directly accountable to the people, rather than a city administrator," he said. "A vice mayor would serve the same term as the mayor, be appointed by the mayor and provide much greater accountability."

Current City Administrator Ben Hughes and Karas worked together only briefly: Hughes was hired on Oct. 1, 2007, and Karas resigned that November.