One of the things I find most interesting about following the proceedings of local government is the stories of random people as they, in whatever way, butt up against local ordinances and regulations. That’s why the Board of Zoning Appeals is so interesting, and, of course, Tyler will forever be a legend in my mind.
A new situation emerged at the 03/24/2021 Safety and Licensing Committee, and that is Michael’s quest to maintain his employment at a Citgo gas station by convincing the Common Council to allow him to have an Alcohol Operator’s license after he was denied one due to a criminal history that includes a sexual offense against a minor. I can’t say that I’m rooting for a particular outcome, but I am fascinated by the situation.
Appleton Police Lieutenant Adam Nagel spoke first. He had submitted a memo to the committee and for his statement he read most of that memo to the committee.
As a designee for the police department, he was requesting that they deny an operators license to Michael. No license or permit related to alcohol beverages may be issued to a habitual offender where the circumstances of the offenses substantially relate to circumstances out of particular license activity. A person is a habitual law offender if they have one felony or repeat misdemeanor or ordinance violations.
Also an applicant is allowed an opportunity to show evidence of rehabilitation and fitness to engage in the license activity unless the convictions are for an exempt offense. In this case Michael’s offenses are for an exempt offense. His conviction record shows two prior sex assault convictions. One was for violation of Wis. Stat. 940.225–4th Degree Sexual Assault. The other was for violation of 948.02–2nd Degree Sexual Assault Of A Child. Because violations of Wis. Statute 940.225 and 948.02 are exempt offenses, Council need not allow Michael an opportunity to show evidence of rehabilitation and fitness to engage in the sale of alcohol. Lieutenant Nagel found both of these convictions to be substantially related to the sale of alcohol. When a person commits a sexual based crime of crime against a child it shows a lack of character and judgement and a tendency to target vulnerable people. Being a responsible seller of alcohol requires good character and judgment particularly around intoxicated and vulnerable people.
Additionally, because Michael’s multiple criminal convictions are substantially related to the ability to responsibly sell alcohol, Lieutenant Nagel finds him to be a habitual law offender. Furthermore, MIchael’s conduct continues to violate the law. On 01/23/21, Appleton Police officers conducted a licensed premises check at a Citgo gas station. During this check, Michael was found to be working alone and had the ability to sell alcohol. He told the officer he was aware he needed a license to serve alcohol but had not obtained a license yet. He was cited for not having an operator’s license. Because Micahel already has multiple criminal convictions, including 1 felony, his conduct in selling alcohol without an operator’s license further demonstrates that he is a habitual law offender.
Based on the foregoing reasons, the Appleton Police Department recommends that the Safety and Licensing Committee recommend to the Common Council to deny Michael Alger’s application for an operator’s license.
After reading the memo, Lieutenant Nagel went on to state that it should also be noted that Michael is a registered sex offender. While Lieutenant Nagel was in charge of the sex offender registry, Michael was on the registry. He was always compliant with the registry and they did not have any issues during Lieutenant Nagel’s term of being in charge of that list.
After that, Michael addressed the council. He acknowledged those crimes did occure, but they were over 26 years ago. As of April 8 of 2017 he was released from the Sand Ridge Secure Treatment Center in Mauston, WI. He described it as a sex offender prison. He said that he’s had no real problems here in Appleton. He has been employed consistently and resided at the same address since leaving Pillars, and has held numerous jobs. But he broke his back and needs a job that doesn’t consist of heavy lifting. This gas station job opened up to him because of a friend that worked there. He was attempting to get his license, but they needed his help right away because one of their employees was having an operation.
He acknowledged that he was guilty of working there while trying to obtain a license. But he also felt that after 26 years it should not be held against him that he is sex offender. He said that he has changed his ways in many ways and tries to be a pillar of the community. He said they just had an occurrence “over here in the bathroom” [I took him to be describing an incident that happened in a bathroom at city hall or City Center or possibly the Transit Center] where an alcoholic individual had passed out and Michael assisted him in getting out of the building. He said there are numerous alcoholics that come up out of the warming shelter down there. They consistently get their alcohol there every morning. If they were intoxicated, he would refuse to serve those individuals any kind of alcohol.
He was aware that he needed a license. A girlfriend of his called the cops knowing that he didn’t have a license, which is why the cops showed up at the gas station when he was working. He said he wasn’t trying to get away with anything but was just trying to provide a living for himself. He then said that he’d be happy to answer any questions any of the committee members might have.
Alderperson William Siebers (District 1) wanted to confirm when Michael was released from prison.
Michael told him April 8t or 2017.
Alderperson Siebers asked when he was initially incarcerated.
Michael told him June 5 of 1998. He served six years under the criminal code and then he was committed under Chapter 980 which is the sex offender code and not committed under Chapter 51 which is the normal situation. He then served 12 years in Sand Ridge.
Alderperson Siebers asked him how long he had been in prison.
Per Michael, 18 years altogether. He studied law, psychiatry, and psychology while in prison. He fought his way out of prison. He never received treatment. When the case he filed came before a judge he had 5 state psychiatrists basically say “We don’t know why we locked him up in the first place.”
Alderperson Siebers said he was sure Michael had been offered treatment and wanted to know why he didn’t accept it.
Michael voiced his belief that there were issues of constitutionality under the 5th and 14th amendments with the way he was treated, including violations of due process and double jeopardy. The law [I took him to be referring to his commitment under statue 980] is unconstitutional, in his opinion, just like the bracelet he was wearing.
Alderperson Sieber seemed to feel things were getting a bit off track and stated that he was not a constitutional lawyer or anything. He restated that Michael didn’t receive any treatment and he got out of prison in 2017. He asked Michael what proof he had that he was “quote unquote ‘rehabilitated’”.
Michael said the evaluations done by the five psychiatrists that released him–3 of them were state psychiatrists for the prosecution and 2 were his own psychiatrists.
Alderperson Siebers asked if he had any affidavit or statement showing anything.
Michael said he did. He had thought about asking bus drivers, librarians, and downtown businessmen who see him on a regular basis and know him who know him to give statements, but he thought his word would be good enough and that he wouldn’t need their recommendations.
Aldereperson Siebers wanted to confirm that his explanation for working behind the counter without a license was that he needed the money and he knew that he was in violation of the law.
Michael said that was correct. He had been told [by his employer, it seemed he was saying] to not worry about it and just hurry up and get the license. But he couldn’t get the license online because he keeps his money in a savings account–not in a checking or debit account.
Alderperson Siebers ask him “But you know it was wrong?”
Michael replied “Yes.”
Alderperson Siebers asked if any other committee members had questions or comments.
Alderperson Matt Reed (District 8) Thanked Michael for coming and taking the time to appear before them. He did appreciate that. However, he was going to recommend denial because, as is stated, an opportunity to show evidence of rehabilitation and fitness is not required. Alderperson Reed really hopes that the things that happened in the past are behind Michael, and I wished him all the best. But again the burden is not on the committee to make sure that he was rehabilitated, and the fact was that there was a felony committed as well as the recent incident of being in a position to sell alcohol without a license which he thought was a problem. On top of that, the alderperson knew for a fact that there are many jobs out there that don’t require manual labor and he thought there were multiple opportunities where Michael could find work that would suit his fitness level and not be put in a place where he was exposed to alcohol which might cause him a problem. Again, he wished Michael the best, but stated that he was going to vote against this.
Michael came across as polite but was clearly disappointed. He said that he’s been judged and ruled on [I took to mean in a court of law] and now he’s being judged again in a way that is possibly limiting his ability to perform for the community and provide a living for himself. He said he does what he can. He tries to help the community in the small ways that he can. He knows many meth users and crack addicts “down here” [I don’t know if he meant the City Center/Valley Transit area] and he shows them what’s happening with their lives and how it’s going down the drain. He is limited in his abilities. If they don’t want to get treatment he keeps telling them where they can go. The alcoholics are just as bad. He said “we all know we have a problem in this city. And I do what I can, but it is what it is.”
Alderperson Katie Van Zeeland (District 5) asked Michael how long he had been working at the convenience store without a license.
Michael told her it was a matter of days. A girlfriend of his had applied for the job as well and she thought he took it from her. She knew that he didn’t have a license, so she called the police department when she knew he was working and that’s how he received the citation. He believed it was a city ordinance he violated.
Alderperson Van Zeeland asked how long he was unemployed before taking that position.
Michael said that he had gotten a workman’s comp settlement and had been able to live off of that for quite some time. He could have continued receiving social services/welfare but chose not to. He lived off his life savings then started working a little bit holding signs for Gabriel Furniture and making a little money “under the table” there. [I don’t know if he meant “under the table” in the sense of not reporting or paying taxes on it. If he did, that seems like kind of a big thing to admit to when you’re trying to convince people you’re rehabilitated and responsible enough to sell alcohol.] He eventually got back to work through a job placement agency that specializes in light and skilled industrial placements, but then the pandemic hit and that’s when he basically huddled up and stayed at home and stayed safe. He’s over 60, a leukemia survivor, has back issues, and other health issues.
He still wants to work. A friend of his called Big Red works at the gas station. He’s an older gentleman, and Michael became friends with him. He worried about Big Red and helped him cut his wood for his little fireplace and helped him out at the gas station by stocking the shelves and the cooler, taking the garbage cans out, etc. One day they caught a lady who was working part time dipping into the till. She got fired. Red looked at Michael the next day and said, “You got a job. You start training tomorrow.” Michael went along with that to help them out but wasn’t looking for a job. Then another employee had an injury and needed surgery so Michael basically filled in and that’s how he got a job at that gas station.
No one else on the committee had any other questions or comments.
Alderperson Siebers explained to Michael that the vote during the committee meeting was just a recommendation. That recommendation will go to the Common Council on April 7 and the Common Council can do anything that it would like with the recommendation. The final decision rests with 15 alderpersons, so the Safety and Licensing Committee’s decision is not the final step. He explained to him when and where he should come and that he would need to sign up to speak if he wanted to speak.
Michael said he appreciated their time in this matter and wished them all well and that they stay safe.
Alderperson Siebers thanked him. Then they moved on to the vote. Alderperson Reed moved that they deny the operator’s license. That was seconded by Alderperson Lobner.
Alderpersons Reed, Lobner, and Siebers voted in favor of denying the license and Alderperson Van Zeeland voted against denying the license.
[I’ll be curious to see if Michael shows up on 04/12/2021 and pleads his case before the whole Common Council. He might improve his chances if he submits the psychiatrist reports he referenced which supposedly, but I’d be surprised if he managed to convince 8 alderpersons to approve the license. He was convicted of second degree sexual assault of a child (which is sexual contact or intercourse with a child under 16 but over 13.) Back in 1997 when charges were first brought he would have been 37 so this was not a situation where he was a 19 year old kid with a 15 year old girlfriend. At the same time, I can definitely understand how disappointing it would be to have this job fall into his lap but then not be able to do it because of being denied a license.]
View full meeting details and video here: https://cityofappleton.legistar.com/MeetingDetail.aspx?ID=819132&GUID=4B05AA6B-37FF-495A-AE2B-FF6C207E956F&Options=info|&Search=
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