Farmer stands firm against jail

Published 10:02 am Wednesday, April 29, 2009

Twenty-four hours from now, the Mower County Board of Commissioners will officially break ground on the new $30.7 million jail and justice center project in downtown Austin.

Meanwhile, Jim Hartson, rural Waltham farmer, will be plotting his next move.

On Tuesday, he accused Mower County officials of ignoring him and attempting to circumvent Minnesota statutes.

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Hartson also threatened possible litigation to compel the county commissioners to hold a hearing on the project.

The Mower County Board of Commissioners, meanwhile, held firm: The hearing Hartson wants the county to hold is not required, officials said.

That puts the two sides at a stalemate: Thursday’s 10 a.m. ground-breaking on the jail and justice center project will proceed, and the next move in the chess match is Hartson’s.

Three weeks ago, Hartson, a well-known critic of county government, attended a commissioners meeting and asked them to hold a hearing to issue bonds to fund the jail and justice center project.

Hartson’s request came two weeks after Tony Bennett and Dan Vermilyea submitting the signatures of over 900 citizens, requesting a referendum on the issuance of bonds to fund the jai and justice center project.

Each time, the commissioners, relying they said on Mower County Attorney Kristen Nelsen’s opinion, a hearing was not required and neither was a voter referendum.

Donna Welsh, county finance director, concurred, citing the Northland Securities consultant retained by the county as well as Stephanie N. Galey, a private bond attorney also retained by the county and the same source Nelsen tapped for her legal opinion.

Welsh told citizens, questioning the county’s issuance last year of $10 million in lease revenue bonds to fund the justice center only portion of the project, a public hearing was not required.

On Tuesday, Hartson told the commissioners, acting on the advice of a private attorney, he was continuing his challenge of county officials’ actions and county attorney opinions.

“What I want to hear from you commissioners is the answer to this question: Do we need a hearing or not? That’s all I’m asking you,” Hartson said.

“We need to do this thing right,” he said. “I’m here to tell you you’re doing it wrong.”

“When I saw the way you treated those petition-signers, that got my attention,” Hartson said, adding that he did not sign the petition presented the commissioners by Bennett and Vermilyea.

Hartson also said aloud, “I wonder if you are engaging in willful malfeasance by your actions.”

“I’m not here to threaten you,” he went on to say, adding that what could follow is an injunction halting the jail and justice center in its tracks.

Then, he persisted with the question “Do we need a hearing or not?” without receiving a direct answer from the commissioners or county attorney.

Craig Oscarson, county coordinator, had remained silent during the discussion, but then announced,

“Mr. Hartson appears to have threatened litigation.”

Oscarson recommended the county commissioners hold a closed session to consider a response to the accusation.

“Someone is advising you to circumvent the law,” Hartson continued.

“A public hearing is part of process that is the checks and balances in a democratic government” Hartson said.

What’s next?

Dave Tollefson, 5th District county commissioner and chairman of the county board, said, “We have to look into this.”

Ray Tucker, 2nd District county commissioner, said, “The county board’s attorney (Galey) has been advising us of this.”

“This has noting to do with our local attorney,” Tucker said.

Dave Hillier, 3rd District, interrupted further discussion and made a motion to go into a closed session to discuss the matters brought up by Hartson. Tucker seconded it, and all five county commissioners voted “aye.”

After the public and press were ordered to leave the commissioners’ meeting room, the five-member board conferred with the county attorney and Oscarson. The finance director, Welsh, joined them later.

When the closed session was adjourned and the public and press allowed back into the meeting room, Nelsen addressed Hartson directly.

“We do not take lightly the questions you have raised,” Nelsen told Hartson. She added, “I’m not a bond expert,” but that the commissioners were relying upon the advice of a bond expert attorney, Galey.

Nelsen reiterated that the findings of the county officials reaffirmed those of Galey and herself: That no public hearing was required.

Nelsen said she still recommended the commissioners follow the advice of the expert attorney, Galey.

Nelsen also distributed copies of Galey’s written opinion on the question of necessity of a pubic hearing regarding the financing of the “justice center project” to Hartson, reporters and Tony Bennett, who joined Tuesday’s meeting at that point.

“I feel you’re on a slippery slope, and I feel bad for the taxpayers and your constituents,” Hartson told the commissioners.

Bennett had his own second-thoughts.

“Regardless of whether or not the county is operating within legal parameters, they are certainly operating outside of moral and ethical guidelines,” he said.

“To attempt to fund the largest project in the history of Mower County in a way that deliberately denies public input is unfathomable.”

Break ground 10 a.m. Thursday

Thursday’s official jail and justice center ground-breaking ceremonies at 10 a.m. are open to the public.

A tent will be erected to protect from inclement weather.

Citizens may enter the sight at the corner of First Street and Second Avenue Northeast.