Topic: Emergency Council Meeting
started by: Liberal
Posted by Liberal on Dec. 23 2004,9:45 am
The council will have an emergency meeting tonight at 5:30. It will be a closed session and there may be an announcement afterwards.The councilors that called the meeting were Fjelsted, Kron and Marin.
Posted by GEOKARJO on Dec. 23 2004,9:46 am
you think they are going to vote in Recall to be put back into the charter?
Posted by Liberal on Dec. 23 2004,10:11 am
What right do they have to close this meeting? The open meeting law doesn't allow them to close a meeting for that reason.
Posted by Nose for News on Dec. 23 2004,11:45 am
No Closed Meeting No Hidden Documents (when discussing elected officials)Parental Discretion Advised
< http://new.in-forum.com/specials/cline-costello/ >
Lawsuit battles continue over release of Costello investigative report
By Dave Olson
The Forum - 04/15/2002
The question of whether Sheriff Larry Costello is or is not an employee of Clay County is at the center of a battle of legal briefs filed in Clay County District Court.
Forum Communications Co. filed a lawsuit last year asking a judge to order the release of a report the county commissioned in the wake of a complaint filed by deputy Kathy Cline against Costello.
Cline's complaint claimed Costello assaulted, stalked, harassed and discriminated against her. Cline subsequently filed a federal lawsuit against Costello and the county. In papers filed in federal court, Costello denied the allegations, stating that he had a consensual relationship with Cline.
The county has refused to hand over its investigative report on Costello, which included interviews with numerous county workers, claiming Costello is a county employee and therefore the data is private under the Minnesota Government Data Practices Act.
The county also claims the report, known as the Pladson report, after DeAnn Pladson, the lawyer who did the investigating, is nonpublic data because it was commissioned for the purpose of defending against possible litigation.
The county states in one brief there are exceptions which authorize the release of investigative data "to aid the law enforcement process, promote public health or safety, or dispel widespread rumor or unrest."
However, the brief adds, "There are no facts in the present case that justify deferring to the exceptions of the general rule."
A brief filed by Forum Communications Co. contends Costello is not an employee but an employer who is not accountable to anyone other than Clay County citizens.
"Costello was not hired, and he cannot be fired," the brief states. "Employees can be disciplined. Clay County has no right or authority to discipline Costello."
The same Forum Communications Co. brief states that the county's only support for its position that Costello is an employee is that he receives the same benefits as employees and receives a W-2 notice.
"Gov. (Jesse) Ventura also likely receives benefits and a W-2, but it cannot be seriously argued that he is an 'employee' of Minnesota for purposes of the Government Data Practices Act," the brief argues.
The county argues in court filings that the benefits of releasing the report do not outweigh the harm that would be done to the people interviewed in the report and citizens of the county.
"Cline is seeking money damages in federal court," the county states in one brief. "The defendant in the federal litigation is Clay County. The money sought by Cline comes directly from the taxpayers of Clay County, the public.
"Ordering release of the Pladson report in its entirety at this stage of the proceedings would require Clay County to defend its lawsuit on the front page of the newspaper and on the nightly news, prior to defending themselves in federal court," the county's brief states.
In one of its court filings, Forum Communications Co. argues that it "is not seeking the information in order to sensationalize the relationship between Costello and Cline."
"Rather," the brief states, "(Forum Communications) is seeking the information so that the public has some type of independent and factual basis for judging whether Costello engaged in conduct that was wrongful and for which he should be held accountable by the citizens of Clay County."
Judge Wally Senyk, who works out of Fergus Falls, Minn., will decide whether or not the report, or portions of it, will be released. He has not set a timetable for his decision.
Forum Communications has requested that a hearing be set to allow for oral arguments. The hearing has not yet been scheduled.
Parental Discretion Advised
< http://new.in-forum.com/specials/cline-costello/ >
Posted by 2dogsdumb on Dec. 23 2004,12:41 pm
according to Minnesota Open Meeting Law, they can NOT close the meeting unless they are discussing disiplinary action against an officer that they have authourity over. The way I figure it, the council has NO authority over any elected official. They can't force her to do anything, or disipline her in any way.Also, the city charter makes no mention of "Closed" meetings. In fact it states that ALL meetings are public meetings and the minutes of the meetings are there for anyone to view if you ask for them.
Posted by Mamma on Dec. 23 2004,12:52 pm
Maybe they didn't mean closed meeting. Maybe what they meant to say was that they were getting together for coffee and we weren't invited. 
Posted by Paul Harvey on Dec. 23 2004,2:04 pm
Remember that house near Mary Krons that she voted to have torn down after the fellow had made his final payment. Well, that guy won't need his house anymore anyway...because he's dead...
Posted by GEOKARJO on Dec. 23 2004,2:09 pm
Paul that was posted on here last week so where is the rest of the story 
Posted by GEOKARJO on Dec. 23 2004,4:00 pm
come by and get a "Eaton got to go" poster to proudly display tonight stop by my place they are free
Posted by Paul Harvey on Dec. 23 2004,4:19 pm
But she's innocent I tell you! Perry Mason will exonerate her in the end, you just watch!
Posted by ICU812 on Dec. 23 2004,6:21 pm
Saw our very own Liberal on the TV walking out of the meeting, if they woulda sent Natalie Sentz 
I woulda been there for an interview 
My take on it.........simple..
Leave of absence until found guilty or innocent.