CCR1994087COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #81-94
INELIGIBLE AND NOT QUALIFIED TO HOLD THE
RESOLUTION DECLARING DOMINIC D'ACQUISTO
OFFICE OF ALDERMAN IN THE CITY OF MUSKEGO
WHEREAS, Domonic D'Acquisto has been elected to the position of
Alderman in the City of Muskego; and
WHEREAS, in his Declaration of Candidacy, Domonic D'Acquisto did
declare that he had been convicted of aggravated battery, party
to a crime, Wisconsin Statutes §940.19(lm) and S939.05 and it
further disclosed that he was incarcerated for six months in the
Milwaukee County House of Corrections with Huber privileges; and
WHEREAS, Domonic D'Acquisto did also disclose that the date of
the crime was October 8, 1983 and the date of sentencing was
May 12, 1983; and
WHEREAS, the District Attorney for Waukesha County, Wisconsin
has made an investigation as to whether or not Domonic
D'Acquisto is eligible and qualified to hold the office to which
he was elected; and
WHEREAS, the District Attorney for Waukesha County, Wisconsin
Muskego for its consideration in determining whether or not
has submitted his research dated April 15, 1994 to the City of
Domonic D'Acquisto is eligible and qualified to hold the office
of Alderman in the City of Muskego; and
WHEREAS, pursuant to Wisconsin Statutes §62.11(3), the Council
shall be the judge of the election and qualification of its
members; and
WHEREAS, the members of the Common Council have reviewed the
research of the Waukesha County District Attorney dated April
matter; and
15, 1994 and attachments and other evidence concerning this
WHEREAS, Domonic D'Acquisto and his legal representative have
been given the opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED that the Common Council Of the
City of Muskego does hereby determine that Domonic D'Acquisto
has been convicted of an infamous crime and, therefore, pursuant
not eligible to hold public office and the Council further finds
to Article XIII, Section 3, of the Wisconsin Constitution, is
that he is not qualified to hold said office.
Resolution #87-94
BE IT FURTHER RESOLVED that the Common Council finds that the
reasons which include, but are not limited to, the following:
1. At the time of the crime, Domonic D'Acquisto was a Milwaukee
crime of Domonic D'Acqusito referred to herein is infamous for
Police Officer; and
2. Domonic D'Acquisto was convicted of causing great bodily
harm to another, James Schoemperlen, by an act done with
his consent, a citizen he was sworn to protect; and
intent to cause bodily harm to James Schoemperlen without
3. Domonic D'Acquisto's crime was heavily publicized at the
time in the news media; and
1 4. Domonic D'Acquisto was guilty of these actions at a time
when he was discharging his duty of trust as a police
officer; and
5. The crime referred to herein was a felony and was punishable
I by a fine not to exceed $10,000 or imprisonment not to
exceed two years, or both; and
6. Allowing Domonic D'Acquisto to be seated as an Alderman
would not preserve public confidence in government.
DATED THIS DAY OF , 1994.
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #07-94 which was adopted by the Common Council of the
City Clerk
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