St. Croix County ethics case detailed after review, dismissal by panel

An ethics complaint filed against St. Croix County Board Supervisor Paul Berning alleging that he told a member of the public to “shut their mouth” and gave another a “stern lecture on civics” was dismissed by the western Wisconsin county’s ethics inquiry board earlier this month, citing a lack of convincing evidence.

The ethics inquiry board voted 2-1 on Feb. 4 to dismiss the complaint; the details of the case were made public on Tuesday.

According to the Findings of Facts, Conclusions of Law, and Order signed Tuesday, a resident of the Town of Erin Prairie in November filed a written complaint against Berning alleging two violations of the county’s code of ethics.

A preliminary investigation was held before the county board on Dec. 11, and the board concluded “that there was probable cause to believe the allegations contained within the complaint regarding one of the violations,” the document states.

That violation alleged that Berning made those statements on Oct. 15, 2025, at a Hammond Town Hall listening session regarding the Xcel Energy Ten-Mile Creek Solar Project.

Berning made a motion to dismiss the complaint at a Feb. 4 fact-finding hearing. The ethics inquiry board deliberated on the motion to dismiss and held the motion in abeyance pending the complainant’s witnesses testifying.

The board found that Berning was acting in his “official capacity” when he attended the listening session on the Ten-Mile Creek Solar Project, “but that he was not conducting St. Croix County business at that time,” according to the document.

The complainant “did not prove by clear, satisfactory, and convincing evidence that Supervisor Berning was conducting St. Croix County business when he attended” the listening session, the document states.

The board is composed of three appointed citizen members: Susan Gherty, James Parent and Gerry Ries.

Parent and Ries voted in favor of the motion to dismiss. Gherty voted against the motion to dismiss, concluding that the listening session regarding the solar project constituted St. Croix County business.

The complaint was dismissed with prejudice.

On Tuesday night, Berning said that he had not yet had a chance to review the document in its entirety.