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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 4/94 jmb