Minutes November 29, 2011

Wabasha County Board of Commissioners

Meeting of November 29, 2011


The Board of County Commissioners of Wabasha County, Minnesota, convened in Regular Session at the Wabasha County Courthouse, in the City of Wabasha, Minnesota on Tuesday, November 29,2011 at 1 p.m.


The meeting was called to order by Board Chairman Norman.


The following Commissioners were present: Norman, Hall, Roschen, Wobbe, Harms


Commissioner Hall asked Board Chair Norman where the County Administrator Dave Johnson was. Norman stated, "I asked Denise Anderson, County Auditor/Treasurer to clerk the board today due to the items on the agenda." Hall stated that is not a chairperson's decision.



Motion was made to have Dave Johnson, County Administrator Clerk the Board Meeting.

Motion Failed. Hall, Wobbe - AYE & Norman, Roschen, Harms - NAY


Commissioner Wobbe asked Norman why he waited until the end of the last meeting to handout the packet regarding outside counsels decision. Norman stated it was a personnel matter and handled the same way as we have handled personnel matters before.



Motion to approve the agenda.

Motion Adopted. Norman, Roschen, Harms - AYE & Wobbe, Hall- NAY


Board discussion took place regarding Opinion Letter of Special Board Counsel. Eric Kaardal spoke on his findings.

County Attorney James Nordstrom spoke regarding the outside counsels findings.

Board discussion took place on Retainer Agreement - Special Board Counsel- Additional Services



Resolution No.: 2011- 264

Now therefore be it resolved by the Wabasha County Board of Commissioners that the Board Chair is authorized to sign the Retainer and Fee Agreement with Mohrman & Kaardal, PA to obtain outside counsel to represent the Board on respect to the County Administrator hiring legal counsel and the potential conflict of interest that causes.

Now be it further resolved, that MCIT(counties insurance carrier) be contacted to see if they would provide outside counsel for this matter and if MCIT would provide the service the contract with Kaardal be terminated.

Motion Adopted. Roschen, Harms, Norman - AYE, Wobbe, Hall- NAY


Pre-termination Hearing - Wabasha County Administrator - 30 minutes took place.

Lisa Bailey, Attorney for Dave Johnson spoke. Dave Johnson spoke on his own behalf.



Be it resolved that the Wabasha County Board of Commissioners hereby delays Pre-Termination Hearing for Dave Johnson for 30 days.

Motion Failed. Hall, Wobbe - AYE & Norman, Roschen, Harms - NAY


Pre-termination Hearing continued.

Members of the audience that spoke on Dave Johnson's behalf: Lisa Jeager, Michael Trok, Maria Lamey, Bob Norberg.

Statutory Hearing took place - Lisa Bailey, Attorney opened the hearing and turned the rest of the time over to the public. The members of the audience that spoke: Pete Riester, Rodney Bartsh, Pat Kraemer, Don Springer, Tom Dwelle, Katy Himanga, Traci Green, Dietrich Flesch, Brenda Wodele.

Board Resolution - Termination of Employment of Dave Johnson as County Administrator - Norman called for a motion two times. There was no action by the board members.



Resolution No.: 2011- 265

Be it resolved, Wabasha County Board of Commissioners hereby postpone Dave Johnson's Termination hearing until 9 am December 15, 2011. On this date both sides will be able to speak and vote will take place on December 15th.

Motion Adopted. Harms, Wobbe, Hall, Roschen - AYE & Norman - NAY


Wabasha County Board sets a meeting date of December 8th, 2011 at 1 pm for a Committee of the Whole meeting to discuss County Administrator/County Coordinator options.



Motion to adjourn to Association of Minnesota Counties Conference.

Adopted Unanimously.


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