Exemption to sex offender residency ordinance fails after Salem Lakes Village Board deadlocks


A request for an exemption to the village’s sex offender residency was rejected Monday when the Salem Lakes Village Board deadlocked on the issue.

Nicholas Fitzpatrick was seeking the exemption to live at a Trevor residence. That address was within 880 feet of the village owned parcel known as Jason’s Pond. That property is considered a park by the village. A village ordinance prohibits a convicted sex offender from living within 2,000 feet of a park.

Trustee Ron Gandt motioned to allow the exemption, and village President Diann Tesar seconded the motion. Voting to grant the exemption were Trustee Dennis Faber, Gandt and Tesar. Voting against the motion were Trustees Bill Hopkins, Michael Culat and Ted Kmiec.

Trustee Dan Campion was absent.

Since the vote tied at 3 for and 3 against, it failed, said village attorney Richard Scholze.

Fitzpatrick addressed the board before the vote, saying he was employed in Union Grove and had been searching for a place to live, with little success. He was first told  the address where he sought to live was OK, but it was later found to be too close to the park, necessitating the need to apply for the exemption.

Fitzpatrick was convicted of 2nd Degree Sexual Assault of Child in Racine County, according to online circuit court records. He said he served six years in prison, which included treatment to address his offense, which he said occurred at a party when he was 17 with a girl who was 14.

“I’ve been low risk for years,” he said. Relatives and residents of his desired neighborhood vouched for Fitzpatrick before and after the vote. Fitzpatrick’s mother lives in the same building.

Fitzpatrick said he was seeking an exemption to allow long-term residency.

In March, the Salem Lakes Village Board unanimously approved an exemption to its sex offender ordinance to allow an offender to live with his mother in a prohibited location while seeking an approved residence.

7 Comments

  1. Thanks Darren says:

    Thanks Darren for your quick posting of this story.

    No matter which way this vote went its good to know what happened promptly.

  2. Voters need to take notes. says:

    Remember come each election which way your Trustees voted on these important issues.

  3. I won't forget says:

    All of the last, and now current board have voted to allow exceptions. Why some didn’t now, is because they are afraid of the backlash. Ted Kmiec, Dan Campion, and Bill Hopkins had all voted “YES” on the last one. Remember this for the next election.

  4. Jake says:

    I’ve met this person at the March town hall meeting. After talking to him I felt he was sincere, I supported him. Tell me how many young male adults that didn’t have a heat seeking missile at that age. Tell me how many young adults didn’t try some heavy petting and ended up having sex. It’s been a fact that has been on the radio, TV, and other media that their brains are not fully matured and they do things that they shouldn’t have done. I too did some things back in my teens that I’m not really proud of. I feel that some of the town board and some of the locals don’t take the time to “think” this through. Fitzpatrick, has as far as I am concerned paid in full his punishment and rehab; that’s a long time for a young person to go through. You all tell, me who of you haven’t had issues that could have put you in something like this but you just DIDN’T GET CAUGHT!

    I hope that Dan Campion, can take the time to make the town hall meetings, if you are a member of the board you need to have your ass sitting in your appointed seat.

  5. Sad for second chances says:

    I cannot believe this is the way the vote went. He was 17 at a party did Wrong, served his time, trying to get his life on track. He will be punished the rest of his life by having to register for life. How many of you made stupid choices at 17, 19, 21, or so on. The difference now verses then is Fathers threatened to knock you out instead of having you arrested. Jason’s Pond is nothing more than a retention pond. There is no playground equipment thus no children using it as a said park. So Kmiec who defends slime balls and puts drunk drivers back on the road all the time … says NO. Way to say here’s a chance at a better life. Culat – no second chances with you either? I believe you have had quite a few second chances in life. Not sure why Bill voted no. But did any one of you suggest holding off the vote until all could speak with the probation officer?
    The lady that gasped when the motion received a second, try to be a bit more grown up.

  6. Change the laws says:

    Sex offenses are all lumped into one bucket. It is a STATE thing!
    Get that changed. Turn to Samantha Kerkman and Wanggaard and Wirch and get it changed so that teen issues are not treated as predator issues.
    And change the registration issue. If this was a teen issue, then why the LIFETIME registration? Change it. Make it representative. And change the terms of the prison sentence too. Dont let a predator out. Not Ever. Force our elected officials to do things that HELP and not hinder. This is a big issue. Clearly they are afraid to tackle it. Oh, they will, someday. When one of their own kids butts up against a predator and then the action will be swift.
    This problem is our problem. We arent doing much to correct it. We keep electing the same people all the time to do the same old, same old.

  7. Look it up. March 2018 says:

    On this web blog there is a story that reports the other sex offender exemption application that passed. It was for 17 feet. Yes, that’s right, 17 feet out of 2,000.

    That exemption showed that the board at that time did allow latitude when the numbers were there.

    This current application is for more than a thousand. Just what the people want when a really bad offender try’s to ask for the same exemption. We, yes we the voters want this board and all boards to come to vote to follow the ordinance with only 17’ of latitude. If though that’s not what “you” want then “you” can run to get on the board and work to change the ordinance down to what ever “you” want. Twin Lakes recently addressed the footage issue for other reasons and left it alone choosing to deal with it as it comes. You can read that story here too if you look for it.

    BTW. There is a small basketball court/park just around the corner on 106th. I would think that that one with children playing would have stopped this as well.)

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