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MDL tonight gives us the City of Colman's response to the charges that it fired Police Chief Matthew Schlueter for refusing to continue an illegal ticketing practice that may have netted the city thousands of dollars in improper speeding fines while short-changing schools and law enforcement training. City Attorney William Ellingson has sent out a news release denying that Schlueter investigation of the improper ticketing had anything to do with his termination. "Any issue regarding collection of fines is entirely separate and apart from this personnel matter" [Chuck Clement, "Former Colman Police Chief to Appeal Termination," Madison Daily Leader, 2007.08.16, pp 1-2].
Colman officials aren't saying anything else, hiding behind the usual "it involves a personnel matter" line that lets public officials stonewall and buy time. They certainly haven't replied to a July 9 letter from Schlueter's attorney Todd Epp asking for a settlement including reinstatement and acceptance of a retroactive resignation, back pay, good recommendations, and $100,000 for defamation of character [Clement, p.2].
Even if Colman can prove it had the legal right to fire the new chief without giving any reason, the city has clearly been caught breaking the law on speeding tickets. Assistant City Attorney Jim Billion said exactly that in his June 11 letter to City Finance Officer Gloria Van Duyn, and nothing in Ellingson's statements denies this crime.
Note that Billion offers the opinion that "It doesn’t appear the state will seek to collect on tickets and fines retroactively." Why on earth not? The Moody County State's Attorney just needs to look at the books and the same statutes Billion cites, and thump! case closed, Colman pays up. Oh, but wait: the Moody County State's Attorney is (get ready for another great moment in small-town South Dakota government)... William Ellingson, Colman City Attorney.
Whether Officer Schlueter can prove the City of Colman wronged him specifically, it seems clear that the City of Colman has violated the public trust. At the very least, Colman's city government needs to pay -- quite literally -- to make up for the money it kept that rightfully belongs to the State of South Dakota's law enforcement training program and to the Flandreau and Colman-Egan school districts.
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3 days ago
If the schools chose to, could they sue the city of colman for improper ticketing practices and ask for the funding that should have rightfully gone to the schools even if the state isn't pushing the issue?
ReplyDeleteThat's a good question. I would think they'd have a case; attorney Billion certainly seemed to think Colman could face liability with the school districts if it continued the ticketing practice. Any lawyers out there have some legal perspective?
ReplyDeleteHow can the State's Attorney for the county also serve as City Attorney?
ReplyDeleteAnd there must be some sort of process by which a special prosecutor (AG?) could step in if there's a potential conflict of interest, right?