FLT Response to Lawsuit?

The Fish Lake town board has released its carefully crafted “official statement” in response to Tim O’Keefe’s lawsuit. Posted on the Fish Lake Township (FLT) web site at www.FishLakeTownship.com, the statement reads as follows;


FISH LAKE TOWNSHIP INVOVLED IN FRIVOLOUS LAWSUIT

Former supervisor Timothy O’Keefe has initiated a lawsuit against Fish Lake Township, two current supervisors and the town clerk. O’Keefe has alleged a number of violations of state law, that have absolutely no basis in fact or law. Indeed, the Chisago County Attorney’s Office has found no basis to investigate the matter further. Nonetheless, O’Keefe seems inclined to waste the taxpayers’ money on pursuing frivolous claims.

For instance, O’Keefe alleges the Township improperly approved payment of a fire contract in 2006, despite the fact he voted to approve its payment and was present for the discussion of it as a supervisor. In short, O’Keefe fails to provide any facts to support his spurious claims. The Township and its officials look forward to being vindicated in this litigation and will be seeking their attorney’s fees and costs against O’Keefe for having to respond to these claims.

The Township and its officials are represented by Bloomington attorney Paul D. Reuvers from the firm of Iverson Reuvers, LLC. Reuvers has advised all Township officials to defer comment to him at 952-548-7205.

Fireworks Fly in Fish Lake Township

Fish Lake Township (FLT) is the subject of a lawsuit filed on June 18th by former FLT Supervisor and Plaintiff Timothy O’Keefe (Chisago County District Court file #13-CV-09-737). Current FLT Supervisors Robert Carter and Robert Cupit, and Clerk Andrea Nekowitsch are named individually as Defendants. While the lawsuit does not name the third township supervisor, Diane Larkin, she is implicated in the legal action as part of Fish Lake Township collectively.

The precedent-setting, landmark case filed on behalf of Fish Lake Township taxpayers is based upon Minnesota Criminal Statutes including §609.43 regarding misconduct of public officers as well as Minnesota Open Meeting Law. It charges Defendants Carter, Cupit, Nekowitsch, and Fish Lake Township with three causes of action; Count I: Misconduct of Public Officer; Count II: Violation of Minnesota’s Open Meeting Law; Count III: Abuse of Process. The lawsuit seeks removal of Defendants Carter and Cupit from the Fish Lake Town board and Defendant Nekowitsch from the hired clerk position.

In the lawsuit, Plaintiff O’Keefe describes criminal acts he witnessed and encountered while serving as an elected official on the Fish Lake Town board. Pursuant to Minnesota State Statutes, Plaintiff O’Keefe believes that he is obligated to report and remedy the routine official misconduct that occurred in Fish Lake Township. According to the lawsuit, Defendants Carter, Cupit and Nekowitsch "engaged in intentional actions to restrict the Plaintiff’s access to Township records and documents" and "failed to include the Plaintiff on communications that were necessary to governance of the Township." The lawsuit further states that Defendants Carter, Cupit and Nekowitsch "regularly engaged in business outside of open public meetings and in the absence of the Plaintiff" and that "duly noted Township meetings were merely a ‘show’ for voting on Township issues that had previously been decided outside of a public meeting. Despite being excluded from discussions regarding Township matters and limited access to Township records, the Plaintiff uncovered documentation and information that Township funds were misappropriated" by Defendants Carter, Cupit and Nekowitsch. The lawsuit states that the actions of Defendants Carter, Cupit and Nekowitsch "represent a consistent pattern of intentionally failing or refusing to perform mandatory, nondiscretionary and ministerial duties of their office in a manner required by law." The lawsuit further states that the actions of Defendants Carter, Cupit and Nekowitsch represent "a pattern of knowingly and intentionally acting in excess of their legal authority" and "consist of a pattern of intentionally and unlawfully interfering with the rights of the plaintiff as a fellow board member."

As fireworks fly this 4th of July, what does the future hold for Fish Lake Township government?


The Fish Lake Karpa is committed to keeping its readers informed of this news story as more information becomes available.