Sunday, May 10, 2009

FLT Deprived of Honest Government?

Inside sources have confirmed an ongoing investigation by the Chisago County Sheriff’s Department into criminal allegations made against Fish Lake Township (FLT) Supervisor Robert D. Carter. Criminal case #09004652 is apparently centered on Supervisor Carter’s "ultra vires acts" of routinely exceeding his elected authority as a public official. The complaint may implicate township employees as well.

According to the Minnesota Association of Townships 2008 Manual on Town Government, § 5-6 Exceeding Powers; "……knowingly exercising a power the board does not have or knowingly exceeding a power it does have is criminal and will likely be treated harshly. Any knowing abuse of power is punishable as a gross misdemeanor. Insurance policies towns and their officers would normally rely upon to provide a defense to suits do not provide coverage for criminal acts. Officers found to have violated a criminal law may not have their defense costs or any fines reimbursed by the town or its insurance companies. When officers or boards act without or beyond their authority, it is called ultra vires. Courts strictly apply the ultra vires doctrine against local governments in order to protect the public. An act found to be ultra vires is considered to be without legal force or effect."

One example of a Minnesota State Statute that pertains to township officials and employees is §609.43, "MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE" which states;
"A public officer or employee who does any of the following, for which no other sentence is specifically provided by law, may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both:
(1) intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the office or employment within the time or in the manner required by law; or
(2) in the capacity of such officer or employee, does an act knowing it is in excess of lawful authority or knowing it is forbidden by law to be done in that capacity; or
(3) under pretense or color of official authority intentionally and unlawfully injures another in the other's person, property, or rights; or
(4) in the capacity of such officer or employee, makes a return, certificate, official report, or other like document having knowledge it is false in any material respect."

Will Chisago County Commissioners Lora Walker, Rick Greene, and/or Ben Montzka attempt to obstruct the legal process of this criminal investigation because of their close, personal relationships with FLT Supervisor Carter?


The Fish Lake Karpa is committed to keeping its readers apprised of this developing news story.

Thursday, May 7, 2009

Two Versions of the Truth?

The Fish Lake Township official web site recently re-emerged after major reconstruction. Conspicuously missing from www.fishlaketownship.com are any official meetings minutes dated prior to 2008. In addition, the following “disclaimer” has now been posted on the web site;

“Every attempt is made to ensure the information on this site is accurate and current. Official hard copies of government policies, minutes and resolutions are available at the town hall and take precedence over the material found on this site. Please contact the township if you should discover any inaccuracies.”

Not provided is the current township “procedure” to obtain “official hard copies of government policies, minutes and resolutions.” Interested persons must first complete a written request form which is reviewed by the town board. The town board, currently comprised of Supervisors Carter, Cupit and Larkin, will review the request and determine whether or not the township will provide the requested information. If the township decides to withhold the information, the requestor’s only other alternative is to sue under Minnesota State Statutes, Chapter 13, “Government Data Practices.”

Why would Fish Lake Township suddenly be concerned about open public access to township information and documentation?