New Greenwood Town Board reorganizes
addresses controversy over transfer of records and access between clerks
THURSDAY, MARCH 24, 2016 — Members of the new Greenwood Town Board gathered tonight to reorganize in its first meeting following the March 8 election. Newly elected township Clerk Sue Drobac and newly elected Supervisor Carmen DeLuca joined existing Supervisors Gene Baland, John Milbridge, Rick Worringer and John Bassing to reorganize township government for the coming year.
Several Greenwood residents filled the town hall; and a camera crew and news reporter from WDIO Duluth ABC television station was on hand to put the town board in the media spotlight.
It was obvious from the very onset of the meeting that the town board still remains divided and that the balance of power has not shifted in spite of the newly elected clerk and supervisor joining the board.
Vice-chairman Baland, acting as Chairman called the meeting to order and noted that the first order of business called for nominations to be made to appoint a new chairman for the board of supervisors. Supervisor DeLuca immediately jumped in, nominating Supervisor Bassing to serve in that capacity. Bassing provided a second for the motion, however the motion failed when it did not garner the necessary three votes. DeLuca and Bassing voted for the motion, while Baland, Supervisor Milbridge and Supervisor Worringer voted against. The failed motion was followed with a new motion, by Baland, to appoint Worringer as chairman. Milbridge provided a second for this motion which passed with votes along the same lines as the first motion. This time Baland, Milbridge and Worringer voted in favor of having Worringer serve as chairman, and Bassing and DeLuca voted against.
The chairman’s gavel was passed over to Worringer and he continued the meeting with nominating Baland to continue in his past position, serving as town board vice chairman. This motion was seconded by Milbridge and when a vote was called the motion passed, again with each supervisor voting along the same lines as the previous two motions. Three supervisors, Baland, Milbridge and Worringer supported the motion, and the other two, Bassing and DeLuca voted against the motion.
Voting basically continued throughout the meeting along the same divide, but on occasion there was total agreement, and a few motions were passed with only one dissent.
There has been considerable contention amongst some board supervisors and township employees over the transfer of access and records between outgoing Clerk Ellen Trancheff and the newly elected Clerk Drobac. Many accusations of improprieties on the part of Trancheff have been made by Drobac, Bassing and DeLuca, but their specifics have been vague without presenting any particular evidence so far. Their claims of being locked out of an office, computer malware being planted in the township computer and numerous other accusations are being played out in the press and on anonymous online internet comment boards.
The Greenwood Board of Supervisors next turned its attentions to these issues of township records, and their transfer to Drobac, and the issue of the new clerk having been denied access to one office where it is reported the confidential fire department personnel’s and township employees’ medical and insurance information were kept for safekeeping.
Chairman Worringer said, “I feel like the board failed both outgoing Clerk Trancheff and incoming Clerk Drobac for not providing better guidance for the transfer of records and keys,” and that unfortunately, “some supervisors had acted without direction of the board as a whole,” in reference to Bassing and DeLuca contacting Biss Lock, Inc. out of Virginia, Minn., to come and enter a locked office which some township employees maintain violated confidential personal data, (HIPAA — Health Insurance Portability and Accountability Act). This federal law provides for the protection of personal medical information and details the requirements of agencies, such as the township, to protect the privacy of individuals’ records.
Bassing was asked by Milbridge to outline his part in calling Biss Locks and the events of last Friday morning. Bassing reported that he, DeLuca and Drobac arrived at the township offices at 10:00 o’clock expecting Trancheff to conduct the official swearing in of the new officers, but they only found the treasurer, Ms. Clark, at the office. Ms. Clark gave the oath of office to DeLuca and Drobac and she informed the new clerk, DeLuca, and himself that Trancheff had left an affidavit noting her transfer of township records along with two keys, and the computer access codes. When it was discovered that one office could not be unlocked it was decided that he would call Biss Locks. Bassing also reported that someone, he did not know whom, had also called for a sheriff deputy to come to the township offices. “We got Biss Lock. We were doing our jobs according to Minnesota Statute 367.01,” Bassing said.
“Biss Locks arrived at 10:27,” Milbridge said, “If you called them after 10:00 o’clock, how did they arrive from Virginia by this time? I’ve had Biss Locks do work for me and it has taken a couple of days for them to get up here,” Milbridge questioned.
“Maybe we got here a little earlier than 10:00,” Bassing responded and he maintained that Biss Locks was not called until after the oaths of office were conducted. “It was not set up,” Bassing said.
Moving forward, Chairman Worringer repeated his belief that the board could have provided better direction. “I still think the board has failed and could do better in the future,” he said. “We were following the MAT (Minnesota Association of Townships) handbook — Step 2: Transfer of Records — to be conducted at the reorganization meeting,” Worringer added. Traditionally, since Greenwood Township was founded in the late 1970s, the transfer of power and records has always been conducted at the township reorganization meeting or at a regularly scheduled public meeting of the town board. It has never happened before in the manner in which it occurred this year.
Worringer then presented a letter from Trancheff which reported that she had indeed turned everything over, and offering to help the new clerk in any way she could.
In an attempt to conclude the issues relating to the transfer of township records the board asked Clerk Drobac if she was satisfied that she now had all the necessary records. Drobac responded that she didn’t feel sure that she had everything. “I can’t find any 2016 minutes of any township (various) board’s meetings,” Drobac said. When the board of supervisors asked for details, Drobac responded, “Give me 100 days.”
The board of supervisors now turned its attentions to sorting out offices for the clerk and other township employees. The previously locked office, the one Biss Locks opened, is still currently filled with fire department and 911 records used by Trancheff in her capacity as 911 coordinator and her other duties related to the fire department. DeLuca made a motion, which was seconded by Bassing, to make that office the new clerk’s office. I’ve been attending meetings since 2006 and it has always been the same office (for the clerk),” DeLuca noted. Worringer suggested that the board allow the three employees to work out office arrangements and then office assignments could be approved at the next meeting.
Clerk Drobec said that she did not want to have a meeting with the other employees noting, “they assigned me the little computer and a small desk with my back to the door,” indicating that she wanted the office in contention. Bassing objected to the idea of letting the employees decide. “What we would have is three employees dictating to the board what should happen,” Bassing said. The question was called on the motion and the motion assigning the office in question to the clerk passed with only Worringer’s dissent.
At this point in the meeting some citizens in attendance began speaking out-of-turn and clapping very loudly and Worringer had to hammer the gavel bringing order to the meeting, a situation which was repeated at least three more times during the evening. “I’m not above calling the sheriff,” Worringer informed the crowd.
Turning to the agenda item calling for established office hours for the clerk. Drobec suggested that she keep office hours three days a week. Baland said that he could not support having office hours on only three days a week. Drobec then offered four days a week with Julia Maki, the planning director keeping office hours on the other day. Discussion ensued regarding the planning director, and again the audience began to speak out, but Worringer quickly brought the meeting back to the agenda item of the clerk’s office hours. “There has been strong demand for five days a week,” Worringer said, “I’d support five days.”
Clerk Drobec said that she didn’t want to start at 8:00 o’clock each day, indicating that people did not come to the office that early and there was nothing to do that early. “You can pick the hours,” Baland said, suggesting several different options, including afternoon hours. “I suppose, five days a week,” Drobec sighed and said that she could keep office hours from 9:00 a.m. until 1:00 p.m. each business day. The board concurred and the motion was passed setting these as the official office hours.
The township already has a set schedule of holidays and Baland noted that the board would be flexible on holidays, “the Friday afternoon after Thanksgiving is not a holiday, but we could be closed on that day,” Baland said, adding that communication with the board could find most issues worked out to everyone’s satisfaction.
Setting the clerk’s and board of supervisors’ salaries also showed that there was a difference of opinion between board members. In addressing the clerk’s salary, Deluca moved to keep the clerk’s salary the same (a budgeted $25,173 a year), Bassing supported the motion. However, Worringer questioned, “I see some inequity here. The previous clerk took a lot of flack (back in 2015) when we raised the salary.” Some people in the township had strongly objected to the raise last year and a lot of the recent consternation in the township, led in no small part by Drobac’s supporters including Deluca and Bassing, was the result of that raise.
Supervisor Bassing reminded the board, that (a decade ago) when Melanie Ford defeated Alan Mitchell for the position of St. Louis County attorney there were attempts to set a lower salary for Ms. Ford. Bassing maintained that a law suit was threatened, and wanting to avoid litigation, the St. Louis County Board of Commissioners decided against lowering the salary for the new attorney.
The township has an attorney, Tim A. Strom of Hanft, Fride, a Duluth firm on retainer for the township, and Mr. Strom was attending the township meeting, at the behest of the board. Strom noted, “you have the authority to set the salary for officers and employees, but the salary cannot be based upon sex, religion or race.” Strom added that experience level was a legitimate reason for setting a lower salary, but noted that the board would need to state in writing the specifics as to why there was a change. Following Strom’s legal clarifications, Milbridge asked Drobec to recount her experience and Drobec provided a brief accounting of her work history for the board.
Looking back to the July 14, 2015 board meeting, when the clerk’s controversial salary was increased, former Board Chairman Kirsten Reichel said, and township minutes reflect, that “this salary is based on the years of knowledge and experience (30 years) that Clerk Trancheff has and could be re-examined should someone with less experience end up being the clerk.” When the clerk’s raise was considered last July, Bassing was vocally opposed to the pay raise and he and Baland voted against it.
At this reorganization meeting Baland said that he could support keeping the salary the same as it was previously set. Following a call on the question, the board voted unanimously to keep the clerk salary as set last year—$25,173, as budgeted, per year.
The board next turned its attentions on setting the chairman’s and the supervisors’ salaries for the coming year. According to October 13, 2015 township board meeting minutes, beginning November 1, 2015, supervisor salaries were reduced and set at “$1200/year and Chairperson to $1500/year and remain frozen until the Re-organization meeting in March 2018.” This motion was made by Millbridge and seconded by Bassing. It was supported by the entire 2015 board except for then Chairman Reichel who noted that she was driving 60 miles round-trip to attend meetings from a distant corner of the township and she did not receive mileage for her expenses.
Ignoring the salary freeze set until 2018, DeLuca made a motion to set the salaries for the next year at $4,383 year for the chairman and $3,982 for supervisors. This motion, returning salaries to the level they were before the November 1 decrease, passed with Baland, Worringer and DeLuca supporting the change and Bassing and Milbridge voting against it. Voters approved of returning to the high pay for the chairman and each supervisor at the March 8 annual town meeting.
There was again division on the town board in selecting the official newspaper for the township. Milbridge motioned to make The Tower News the official newspaper, as it has served the township over the past year. Baland provided a second for the motion. Comments were heard from the audience which noted that the Timberjay had a web site and offered the township a larger circulation than The Tower News. Gary Albertson, the News’ publisher responded. “We publish legal notices online, in fact Minnesota law requires it, if available. I could also debate the circulation numbers, I think we actually have more, and we don’t try and get you into trouble.
Supervisor Bassing indicated that he preferred the town board select the Timberjay. He said that there were two times that the Board of Adjustment had to re-hear variance requests because notices did not appear in The Tower News, noting that one of the unpublished notices was the fault of the newspaper. He also maintained that the notices were, “easier to read,” in the Timberjay. DeLuca and Bassing reminded the board that Township voters voted on having the Timberjay as the official paper at the March 8 annual meeting. “I’m mindful that we serve all the township’s constituents, not only those who vote and the annual meeting,” Baland countered.
“I appreciate having two local newspapers,” Worringer said,“each has its own style.” Worringer also said that he really couldn’t tell which paper was cheaper. The Tower News had bid the publishing rate at $1.50 per inch for legal notices and $1.95 per inch for display ads, while the Timberjay’s bid was 98¢ for legals and $2.59 for display ads. The township no longer publishes minutes of its board meetings and publishes more column inches of display ads than it does legal notices.
The motion to set The Tower News as the official newspaper passed with Baland, Milbridge and Worringer supporting, and Bassing and DeLuca voting against the motion.
Appointing an attorney to represent the township on a as-needed basis also found the town board divided along the same lines. Bassing made a motion to appoint St. Michael, Minn. law firm, Couri & Ruppe to serve the township. DeLuca seconded the motion but it failed in the typical three-two split on the board. It was then moved to again appoint Tim A. Strom, an attorney with Hanft Fride, a Duluth Minn. law firm as the township’s attorney. This motion passed with Baland, Milbridge and Worringer supporting the motion, and Bassing and DeLuca voting against.
In other action, the board of supervisors:
• Set 6:30 p.m., on the second Tuesday of each month, as the regular meeting of the board, except in March when the meeting occurs immediately following the annual meeting of the township
• Set 6:30 p.m., on the fourth Thursday of March as the time and date of the annual re-organization meeting of the township board of supervisors
• Appointed Baland as the board’s Planning and Zoning representative
• Appointed Treasurer Clark to the Tower-Soudan Joint Powers Recreation Board
• Appointed Worringer to the lodging tax board
• Appointed Bassing to serve as the township’s road supervisor
• Appointed Milbridge to serve on the Tower Ambulance Commission
• Designated Frandsen Bank & Trust as the official township bank and depository. The township board chairman, vice-chairman and clerk were designated as signatories for the account
• Approved a liquor license application for Bay View Lodge. St. Louis County issues the license, however, township approval is required before the county will issue the license
• Noted that the Board of Appeal and Equalization will be held on May 5, 2016, between 10:00 a.m. and 11:00 a.m., at the Greenwood Town Hall
• Noted upcoming township officers training opportunities and approved expenses for any township officer to attend
• Tabled discussions on setting and amending new board policies
• Tabled discussion on Worringer working in a small capacity for the township
• Unanimously voted to adjourn the meeting.