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.