A potential conflict of interest was the main topic during the Ostrander City Council meeting on August 7. All members of the council were in attendance (Vernon Thompson, Pam Kunert, Mayor Pat Nesler, City Clerk Wendy Brincks, Heidi Jones and DJ Start), as was City Attorney Jennifer Gumbel. Besides department heads, approximately 15 citizens were in the audience during the meeting.
Gumbel said she had been contacted regarding “the matter of the mayor employed by a subcontractor for the (street) project.” She went on to say that there are a number of factors that could impact whether or not this situation is an actual conflict of interest, but added, “Ultimately, there’s a duty, number one, to inform the USDA anytime there’s a conflict like this. They’ve been notified, and their response has been pretty good.” She suggested contacting the state’s Attorney General’s office to hopefully “get their blessing,” and she asked the council to instruct her to do so. She said she would then talk with the mayor to get all relevant data, so she could report accurately to the Attorney General.
Pam Kunert stated, “I’ve been reading up on this after I received your letter (the letter sent from Gumbel to council members), and my concern is if we don’t report it,… the whole council will be responsible for that.” Gumbel agreed, and said the consequences could be “fairly severe” if a known potential conflict isn’t reported, and could include loss of funding for the street project, as well as legal charges against the mayor and council members.
Kunert added a reminder to the council, saying, “Last year, we made a decision that without full council approval, that we would not be contacting you (Gumbel), and I know that at least one if not two have contacted you, and that is a blatant problem.” DJ Start replied, “That was me,… and you didn’t?”
Kunert answered, “I have not had anything to do with any of this.” Mayor Nesler clarified, “The conflict part has nothing to do with you?” Kunert said, “No, it does not…” Nesler responded, “It doesn’t stem from you?” He then asked how the city attorney became aware of the issue. Gumbel said she had been informed by the city clerk (Brincks) and a contractor. She went on to share her opinion that what matters is that the city is aware of the possible conflict, and must decide what to do about it. Nesler retorted, “Well, you guys kind of put us in that spot.”
After two citizens shared their opinions that Nesler is simply doing a job and helping fill a shortage on the street project, Gumbel said she has previously served years on a city council, and her experience taught her that, “The office conveys zero benefits, and creates a heck of a lot of duties” that council members must abide by. Nesler told Gumbel that his opinion is that, “Anybody in this town, whether they’re residents or on this council, should be able to contact you and have questions for you.” Gumbel replied, “You don’t want to necessarily have that policy… I’m not their attorney, I am the attorney for the corporate entity (the city of Ostrander)… Some people feel they can get their legal problems resolved on the city’s dime, and that’s not fair to the taxpayers.” She added that her standard answer when citizens seek her input is to refer them to the city clerk. The council voted three to one in favor of instructing Gumbel to report to the Attorney General (DJ Start voted against). Start also offered to pay the cost of the city attorney’s time for his call to her. Gumbel shared her concern about the friction between council members, and suggested the League of Minnesota Cities may be a good resource for Ostrander to consult in trying to work together. Later in the meeting, the council voted unanimously to approve scheduling a time for the League to come and make a presentation to the council.
In other business, the council scheduled a closed meeting to discuss the city’s contract with Peopleservices. The meeting will be August 29 at 6 p.m. The council approved several bills related to the infrastructure project, including Bolton & Menk ($48,296), A-1 Excavating ($374,768), and Wapasha Construction ($66,454). After discussion about paying for the replacement of a damaged ball valve, the council voted 2:2, with Mayor Nesler declining to break the tie. Therefore, the council tabled approving the $79.56 bill until it can be determined whether or not it should be paid by Peopleservices.
Deputy Leif Erickson submitted a written monthly report of police activity providing to Ostrander by the Fillmore County Sheriff’s department. He added, “I issued nine city tickets for the expired tags… vehicles that have been sitting in people’s yards… I gave them until the 14th of this month to get them taken care of, otherwise they turn into a state ticket.” City Clerk Brincks said Erickson’s efforts are having an impact, noting, “I’ve got a lot of tags paid.”
The next regular meeting of the city council will be September 4 at 6:30 p.m. The public is welcome.
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