Posted: 1/15/03

Temte backers rally for chief

Alice Pickering
Wyoming Area Reporter

Mike Temte is not without friends and supporters as he fights to keep his job as police chief in Wyoming. Most of those in the audience at the open meeting Jan. 6 were Temte supporters.

Many provided statements supporting Temteís considerable contributions to the city during his 22-year tenure.

When addressing the open meeting last week, Dean Tharp, AFSME union representative, took the position that the insubordination charge against Temte is in retaliation for his refusal to break the law (Minnesota Statues 2002, Chapter 169A.63 Subdivisions 1b and 10b, 1 &2). These parts state that property seized by a police department, can be declared forfeit, and when sold 70 percent of the proceeds must be forwarded to that department for deposit as a supplement to its operating fund for enforcement, training, education, or equipment.

Known as the ìwhistle-blower act,î Temte said he was ordered to break this law by giving the council control of the money and that it is illegal for the city to force him to do so.

Tharp questioned whether City Auditor Steve McDonald voluntarily sent the letter about control of the forfeiture account or sent it at the request of the council to ìbuttress their cause to get rid of the chief.î He further claims Temte tried to respond to council requests, seeking more direction or assurances in his letter of August 1, 2002, ìWhat happens if there are forfeiture funds in the account but the request for the funds is denied?î

Temte maintains McDonald did not understand the law he was trying to follow.

Tharp characterized the issue as adversarial. Tharp said Temte first heard the order to hand over the passbook was when he also heard it. He urged council to look at Temteís entire record.

Citizenís speak

Don LaCasse said the dispute is primarily an issue of control of the funds in the forfeiture account between the chief and City Administrator Dennis Coryell, also the chief financial officer. He balanced this with the observation that ìMike is stubborn.î

LaCasse urged ridding the situation of personal bias and everyone trying to resolve the situation.

ìIím happy his character is not being questioned,î Chisago Deputy Sheriff, Tom Alvin said. Speaking of his own department, he said, ìWe do not control forfeiture funds in our office.î He also urged some compromise.

Another resident, Lee Casto said, ìI believe Mike was doing what he thought was right.î He viewed the situation as a disagreement that could be resolved.

Police Sgt. Scott Dexter has worked with Temte for 17 years and said the large amount of money in the forfeiture account came suddenly, from the sale of several vehicles. The money was to supplement the departmental budget.

Dexterís request for a newer car for investigations was because the one he was using was very unreliable and did not contribute to a professional image. He and Temte sought the best vehicle at the best price before making the purchase of the Dodge. In a final question Dexter asked, ìDoes the (cityís) purchase policy apply to the forfeiture fund?î

Dexter said that although Temte is not always in agreement with the council, ìMike does a good job.î Of the passbook dispute, Temte was ìacting on what he thought was best for the city,î Dexter said.

temteís view

Speaking of his actions regarding the passbook, Temte said, ìI did what I was asked to do,î giving reports to Sandy Berry and council, with photocopies of the passbook with notations about vehicle sales and deposits.

ìMy belief was that the police department was to control the money, as long as it was law- enforcement related,î the chief said.

Of the money from the sale of forfeiture vehicles, he said the best place to put the money was in the petty cash (forfeiture) account, rather than a desk drawer or his own pocket. There was no other place to put it, he said.

Designated donations have line items in the cityís budget. ìI believe I was acting in accordance to the law (by placing the money in the account), not trying to deceive anyone,î Temte said.

Of his failure to turn over control of the passbook, Temte said he had an ìunderstanding, but not a direct orderî to do so until Coryellís verbal request on Dec. 5. Coryell acts at the direction of the council.

Council comments

Council members commented in turn. Newcomer Ted Phillips had four or five days of involvement and sought clarification of questions before he was willing to vote on personnel committee recommendations to terminate Temte.

Newly-elected Council member Martin English took the position the council cannot have any fund under the control of only one person because it creates the ìimpression of impropriety.î He has the impression the police department thinks it is separate from the city.

Council member Lynn Koalska said the city got legal opinions and financial advice about account oversight. She did not understand why Temte did not come to a council meeting to sort out the problem if he had questions.

Council members wanted to bring the forfeiture account under council control, not take the money away from the police department. ìI feel we were totally blown-off and disregarded,î she commented.

Council member Sandy Standridge insisted the complaint ìisnít about the forfeiture fund, but about insubordination.î An order to turn over the account was given more than once and not followed.

ìYou have to follow rules and regulations, policies and procedures,î Standridge said to Temte.

Attorney Chris Johnson, filling in for City Attorney Tom Miller who was on vacation, said even if the funds are to supplement the police department budget, they are still ìrequired to be under control of the city council.î

Mayor Vern Haag asked to table the action, keep lines of communication open until the council, Temte and Tharp can get into a ìworkshopî discussion. He acknowledged the decision will have a lot of impact on the community.

By a margin of 4-1, with English opposed, council voted to table a decision on the insubordination complaint.

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