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.

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?

When Bad Men Combine……

Diane Larkin made her first debut to public office in March 2003 when she was elected as a Fish Lake Township supervisor on a stealth campaign. In a township where apathy was the political norm, no one came forth to declare their candidacy for the Fish Lake town board position in 2003. Larkin cleverly waged a behind-the-scenes write-in campaign and easily became the first woman elected to the Fish Lake town board.

After serving three years in office, Supervisor Larkin became known as a woman who stirred controversy, angered and mislead township residents, and made unethical, arbitrary and capricious decisions. Larkin was most notorious for being the first local area resident to develop a portion of her farmland into two small residential lots, then working hand-in-hand with a developer to subdivide 80 acres of adjoining property into what is now called “Prairie Fields.” The developer rewarded Supervisor Larkin by providing a paved access road to connect to her residential lots. As a result of her controversial actions and decisions, Supervisor Larkin was the target of the first formal written complaint ever served upon Fish Lake Township. Soon after, Supervisor Bob Cupit resigned his town board position. Supervisor/Board Chair Larkin quickly replaced Cupit by appointing her long-time friend and political ally Bob Carter to complete Cupit’s remaining 3 month term until the next election. By 2006, a backlash of public outrage unseated incumbent Larkin in an unprecedented election loss to newcomer Tim O’Keefe.

By 2009 township election time, apathy and ignorance once again reigned in Fish Lake Township. Larkin narrowly defeated incumbent O’Keefe 41 to 34, garnering the lowest voter turnout in recent years. In a township of approximately 1723 residents and 1200 registered voters, Larkin was re-elected on March 10th by 0.03% of the voters. After simmering on the side-lines for three years, Diane Larkin has returned to re-join forces with Supervisor/Board Chair Bob Carter.

On this St. Patrick’s Day, perhaps a famous quote by Irish political philosopher Edmund Burke best describes the tumultuous future of Fish Lake Township;

“When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle.” Edmund Burke 1770

Cooperation & Collaboration or Calamity?

November 2008 elections concluded with the turnover of two of three Chisago county commissioners. Lora Walker replaced District 1 Commissioner Lynn Schultz and George McMahon replaced District 3 Commissioner Bob Gustafson. District 5 Commissioner Mike Robinson was re-elected to serve a third term. District 2 Commissioner Rick Greene and District 4 Commissioner Ben Montzka will be up for re-election in November 2010.

District 1, 3 and 5 county commissioners were sworn in immediately preceding their first board meeting on 1/6/09. With a new county board comes a change in dynamics and business relationships. Voters have great expectations of a county board faced with major cutbacks in Local Government Aid, dwindling tax revenues and a recession likened by some to the Great Depression.

Will the newly seated Chisago county board set aside personal biases and power struggles? Will they make a fresh start and focus on public service, overcoming challenges and achieving positive results?

Will the newly seated Chisago county board cooperate and collaborate in unity to ensure that all Chisago county residents are fairly represented and equally served?

New Horizons?

Fish Lake Township Supervisor Bob Carter suffered another defeat on 1/6/09 when the newly seated Chisago County board voted unanimously to re-appoint Craig Mold to another 3-year term effective 1/16/09 as the District 5 representative to the Chisago County planning commission. This is the second time that Carter has unsuccessfully applied for a county planning commission appointment.

Carter has previously applied for a county appointment to the East Central Regional Library (ECRL) board as well. He lost his bid for the at-large position when the prior Chisago County board voted on 12/26/07 to re-appoint Verna Hoppe for another 3-year term effective 1/1/08. Carter’s application for an ECRL board seat was preceded by his “strategic” letter to the editor published on 12/20/07 in the “The Chisago County Press” newspaper titled, “Robinson didn’t support library.”

After three failed attempts to transcend from township to county government, would it be prudent for Carter to explore new horizons?

FLT Fiefdom for Sale?

After suffering a major defeat in the November District 5 Chisago County Commissioner election, Fish Lake Township (FLT) Supervisor and Board Chair Bob Carter has set his sights on a new target. Carter is challenging incumbent Craig Mold of Rushseba Township for appointment as the District 5 representative to the Chisago County planning commission.

The Chisago County planning commission is comprised of seven county residents, one from each of the five geographical districts and two “at-large” members. One county board member serves as a planning commission liaison, but without voting rights. Planning commission members are appointed by a majority vote of the county board and serve a three-year term. In January 2009, Districts 3 and 5 terms expire and will be up for re-appointment. District 2 and both “at-large” positions renew in January 2010, while Districts 1 and 4 renew in January 2011. County board members have traditionally supported the planning commission citizen appointee choice of the corresponding district commissioner.

Seven members who reside in diverse regions of the county exceptionally balance the current planning commission geographically. Representation includes some current township supervisors such as the “at-large” member from Fish Lake Township. As the second of three Fish Lake Township supervisors, what would Bob Carter bring to the county planning commission?

1.) A quorum of FLT supervisors
2.) Redundant representation of FLT
3.) Conflicts of interest for FLT
4.) Open Meeting Law violations for FLT
5.) Public disclosure of financial contributors to Carter’s county commissioner campaigns?
6.) Adversarial interactions with District 5 County Commissioner opponent and current planning commission liaison Mike Robinson?
7.) A dark cloud of suspicion regarding Carter’s planning commission appointment despite the vote against him from his home District 5 Commissioner Robinson?

In the recent words of District 4 County Commissioner and attorney Ben Montzka, “Open Meeting Law has been interpreted to bar any quorum of duly sworn-in elected officials from meeting together…..…I heartily support the idea of open government that our Open Meeting Law is designed to protect.”

Appointment of Carter to the county planning commission would result in a quorum of Fish Lake Township supervisors present at every county meeting. To circumvent this issue, will Carter relinquish his Fish Lake Township supervisor “fiefdom” for a county planning commission seat?

Candidate Carter Epilog

Won the Battle, but Lost the War

Although Candidate Carter narrowly won the battle for his home township of Fish Lake (524 to 500), he suffered another major defeat in the 11/04/2008 District 5 Chisago County Commissioner race. In stark contrast to an election year where “change” was a universal campaign statement and ousting incumbents was the political norm, incumbent Robinson delivered a resounding 2525 to 1420 defeat of Candidate Carter.

Once again the District 5 voters have spoken and once again history repeats itself. Incumbent Mike Robinson has been re-elected to serve a third, four-year term as District 5 Chisago County Commissioner.

What does the future hold for defeated candidate Bob Carter?