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.

FLT Politics as Usual?

Inside sources report a lawsuit recently filed against Fish Lake Township names Supervisors Robert Carter and Robert Cupit and Clerk Andrea Nekowitsch, individually and collectively, as defendants. The complaint alleges numerous wrongdoings including misappropriation of township funds.

What revealing evidence could possibly expose "politics as usual" in Fish Lake Township?


The Fish Lake Karpa is working to provide its readers with the complete story.

Supervisor Carter Refuses to Respond

Fish Lake Township Supervisor Robert “Bob” Carter has refused to respond despite repeated attempts by the Fish Lake Karpa to obtain his input and comments on the following questions:

1.) Can you provide more details regarding the alleged criminal complaint against you (i.e. Chisago County case #09004652)?

2.) Have you been in contact with the Chisago County Sheriff’s department and/or the County Attorney’s office regarding the alleged criminal complaint against you?

3.) If any of the criminal allegations have merit, and you are charged with a crime, how will you respond?

4.) Have you retained an attorney at this time?

5.) Can Fish Lake Township taxpayers expect to pay for your attorney and defense?

6.) What prompted your recent resignation from the Fish Lake Township Board Chair position?

7.) Under your leadership, the Fish Lake Township official web site was recently reconstructed. Why were all official meeting minutes prior to 2008 cleansed from the web site?

8.) Do you have any further comments you would like to provide?


Supervisor Carter prides himself as a “great communicator,” and in his own words has stated, “E-mail and web sites are incredible tools for communicating and involving people.” As a public official, he is also held to a higher standard of public trust and personal integrity.

Why won’t Supervisor Carter answer the Karpa’s questions and provide an explanation to the public?

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