Dead Brown County worker could be reinstated

GREEN BAY - Brown County fired Robert Welsing Jr. from his public works job last year when he was alive. But now that he has died, the county might reinstate him.

Lawmakers on Monday will begin the rare process of considering reinstatement of an employee who can no longer work. It's a move that some say is about helping Welsing's family claim death benefits and possibly some back pay, and others say is simply about enabling them to clear his name.

The matter will go before the seven members of the board's executive committee Monday. If they approve reinstatement, the full board will vote on the question Aug. 17.

RELATED: Probe justifies firing of Brown Co. DPW workers

Welsing, a 55-year-old Suamico resident, was earning almost $67,000 per year as a highway superintendent when he was let go in August 2015 by county officials who said he used excessive profanity, interfered with an investigation into complaints against him, and allegedly falsified time cards. A second DPW official, Anthony Elfe, also was let go.

Reinstatement could have financial implications, though county leaders weren't sure last week how significant they would be. If Welsing is reinstated, he presumably would be entitled to back pay, though supervisors said they have not asked the county administration to provide cost estimates yet.

That could open a can of worms for board members, who could find themselves looking for money that's not in the county budget.

"There could be a lot at stake, including money," said executive committee member Patrick Buckley. "Emotional decisions like (reinstatement) can seem good at the time, but sometimes they have long-term consequences — ones you didn't anticipate."

Welsing could also be eligible for insurance benefits, though county officials would not say whether he had purchased coverage, citing privacy reasons. Administration Director Chad Weininger said full-time employees typically purchase insurance with a death benefit roughly equivalent to a year's salary.

Patrick Evans said he and several other Green Bay supervisors simply want Welsing's family and friends to be able to clear his name.

"I feel that the County Board is going to try to find a neutral ground with respect to Mr. Welsing," he said. "I appreciate the service he provided to the county, am not overly confident in the termination justification but don't feel there are enough votes to reinstate him."

Lawmakers said they hadn't faced such a situation before.

Until Act 10 came around, we never had to get involved like this," Board Chairman Patrick Moynihan said. Act 10 is a 2011 change to Wisconsin law that essentially ended collective bargaining for state employees.

Previously, fired employees would have been able to follow a grievance process.

Discussion about possible reinstatement is the latest chapter in a saga of firings and resignations that rolled through public works beginning early in 2015, including:

» An employee who was fired filed a lawsuit claiming she was fired because she is gay.

» Welsing and Elfe were dismissed after employees complained of a hostile work environment. Elfe was found to have used "offensive profanity," including a racial slur, and approved time cards that billed hours to multiple accounts when the work should have only have been charged to one.

» Public Works Director Paul Van Noie quit following a dispute with County Executive Troy Streckenbach.

» A hearing officer uphold the terminations of Welsing and Elfe, but found that Welsing had not falsified time cards, as the county had claimed.

» The County Board upheld Elfe's firing but left the door open for Welsing's reinstatement.

The issue already is showing signs of dividing the county board, in several ways.

Supervisors in July split over whether to allow the public hear their discussions of the matter, voting 16-8 to hold the discussion in open session, then reversing themselves and going behind closed doors. Then they voted 14-9 to consider Welsing's appeal, but rejected Elfe's by a 16-6 margin (the different vote totals reflect various abstentions by supervisors).

dschneid@gannett.com and follow him on Twitter @PGDougSchneider