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Attorney Nancy L. Bersgtrom, 49, of Merrill,
was the subject of a grievance investigation
that resulted in findings of professional
misconduct. On the basis of that
misconduct, summarized below, OLR sought and
Attorney Bergstrom consented to a public
reprimand.
Attorney Bergstrom is the
Corporation Counsel for Lincoln County,
Wisconsin. Attorney Bergstrom’s office was
responsible for child support enforcement
actions on behalf of Lincoln County. The
Lincoln County Department of Social Services
oversaw and reported the child support
enforcement efforts to the State of
Wisconsin for reimbursement from state and
federal funds. In 2005, the Director of the
Lincoln County Department of Social Services
(the Grievant) filed a grievance with the
Office of Lawyer Regulation asserting that
Attorney Bergstrom had made
misrepresentations about the Grievant in a
press release.
In 2003 tensions arose between the
Department of Social Services and Attorney
Bergstrom’s office. Those tensions escalated
in 2004, when the Grievant and his staff
were examining whether members of Attorney
Bergstrom’s staff were properly engaged in
reimbursable child support enforcement work
and whether members of Attorney Bergstrom’s
staff were properly recording and reporting
their time spent on child support
enforcement activities.
Following a February 2004 meeting
with the Grievant, by memorandum dated
February 3, 2004, Attorney Bergstrom
directed a member of her staff to change her
recordkeeping method for activities
reimbursable from child support funds by
beginning to keep a daily log of the actual
time spent on child support activities, the
specific tasks performed and the case
involved. Attorney Bergstrom also advised
the staff member that Attorney Bergstrom
would be required to provide the daily logs
to the Grievant. By letter to Attorney
Bergstrom dated June 10, 2004, the Grievant
questioned whether the same staff member was
performing activities properly reimbursable
from child support enforcement funds,
asserted that Attorney Bergstrom was not
maintaining sufficiently detailed records to
support reimbursement for that staff
member’s time, and requested that Attorney
Bergstrom produce by July 1, 2004
sufficiently detailed records to support the
reimbursements for that staff member’s time
or the time might not be reimbursable. On
additional occasions between June 2004 and
February 22, 2005, the Grievant and his
staff communicated to Attorney Bergstrom
concerns that her staff was not maintaining
sufficient records documenting reimbursable
activities.
On June 15, 2004, the Grievant
contacted the State of Wisconsin and
requested an audit of whether Attorney
Bergstrom’s office was seeking
reimbursements for legitimate child support
enforcement activities. On February 9, 2005,
the Grievant wrote a letter to the U.S.
Attorney for the Western District of
Wisconsin alleging that Attorney Bergstrom’s
office had sought improper reimbursements
from child support enforcement funds.
On February 22, 2005, the Tomahawk
Leader published a story citing a Lincoln
County Board member’s public statements
alleging that the Lincoln County Board and
unnamed Lincoln County department heads
(logically including Attorney Bergstrom,
though she was not mentioned by name or
title) were engaged in a cover-up of the
County’s misuse of federal child support
enforcement funds. Attorney Bergstrom was
not contacted for comment prior to the
publication of the article. In reaction to
the article and the February 9, 2005 letter
to the U.S. Attorney, on February 22, 2005
Attorney Bergstrom issued a press release,
in which she stated, in part:
“At no time during these past 16 years
has
the Lincoln County Department of Social
Services or the State Bureau of Child
Support indicated to us that our
recordkeeping was inadequate,” said
Bergstrom…“Even more troubling is that the
contract manager, Lincoln County Department
of Social Services Director [the Grievant],
never came to me with any concerns about
recordkeeping…I can’t prove [the Grievant]’s
actions are motivated by revenge, but he’s
been the director and contract administrator
for almost six years and has never notified
me of a recordkeeping problem,” Bergstrom
noted.
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Attorney Bergstrom violated SCR 20:8.4(c),
which states, “It is professional misconduct
for a lawyer to…engage in conduct involving
dishonesty, fraud, deceit or
misrepresentation…” by misrepresenting in
her February 22, 2005 press release that:
(i) at no time during the past 16 years had
the Grievant indicated to her that her
office’s recordkeeping was inadequate; (ii)
the Grievant never came to her with any
concerns about recordkeeping; and (iii) the
Grievant had never notified her of a
recordkeeping problem, when the Grievant
addressed concerns regarding recordkeeping
by Attorney Bergstrom’s staff on several
occasions between February 3, 2004 and
February 22, 2005, and Attorney Bergstrom
herself memorialized one such conversation
in a memorandum directing her staff member
to alter her recordkeeping methods for
reimbursable time.
Attorney Bergstrom has no prior discipline.
In accordance with SCR 22.09(3), Attorney
Nancy L. Bergstrom is hereby publicly
reprimanded.
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