Salem Lakes sex offender residency exemption denied a second time


The Salem Lakes Village Board on Monday rejected a second request from the same person for an exemption to the village’s sex offender residency.

A motion to deny the exemption passed 4-2. Voting to deny the exemption were Trustees Bill Hopkins, Michael Culat, Ted Kmiec and Dan Campion. Voting against the motion to deny the exemption were Trustee Diann Tesar and Trustee Ron Gandt. Trustee Dennis Faber, who previously favored granting the exemption, was absent Monday.

Nicholas Fitzpatrick first requested the exemption last month. He was seeking to live in a residence about 880 feet from Jason’s Pond, a village-owned property that is designated as a park.

Village ordinance prohibits a registered sex offender from living within 2,000 feet of a park.

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 at the June meeting occurred at a party when he was 17 with a girl who was 14.

Last month, Fitzpatrick’s request was denied after the Village Board deadlocked 3-3 on whether to allow it. Campion was absent from that meeting.

Village President Diann Tesar said she brought the matter before the board again because some trustees who voted against granting the exemption said they did not have enough information about the case. Fitzpatrick supplied additional information before Monday’s meeting.

But that additional information was cited Monday by some of those opposed to granting the exemption as the reason for their continued objection.

Kmiec said reading that there was an additional similar charge against Fitzpatrick involving a different person that was dismissed before sentencing, confirmed his stance of not granting the exemption. That second case had not been mentioned by Fitzpatrick or family members who spoke on his behalf.

“That made me very uncomfortable with this,” Kmiec said.

Culat echoed Kmiec’s reasoning, adding that he has to consider not just an individual’s request, but the welfare of the village as a whole.

“I’ve been doing a lot of soul searching,” Culat said. “We have have to answer to the rest of the village for what we do … there is concern.”

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.

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