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.