January 6, 2005 at 7:54 a.m.
Stacy councilwoman faces removal from office following felony plea
Stacy councilwoman faces removal from office following felony plea
Davidson pled guilty Dec. 8 to theft by swindle, admitting to stealing $9,667 in May 2002 from Minnesota Project, her employer at the time.
According to Minnesota Statute 351.02, removal by operation of law can occur if an elected official is convicted of an “infamous” crime, namely, a felony.
Another statute, 609.13, has a provision that even if a person is convicted of a felony, the case could be classified as a misdemeanor if a judge imposes the ruling during the sentencing phase of the case.
Stacy City Attorney Pete Grundhoefer said the key issue is whether or not the judge in this case has accepted the felony plea.
In most cases, Grundhoefer said, a judge will not accept a plea as a final conviction until the day of the sentencing hearing.
“A judge usually looks at pre-sentencing evaluations before accepting a plea,” he said.
Davidson is currently scheduled for sentencing Feb. 18, but it could be delayed as Ramsey County awaits a disposition in a separate charge of theft against Davidson in Anoka County.
Jack Rhodes, Chief of Staff in the Ramsey County Attorney’s office, is aware of the provisions in the law regarding removal of an elected official.
“I know a felony charge can be reduced to a misdemeanor at sentencing but I have no reason to believe it will be in this case,” Rhodes said.
He has spoken with the prosecutor in Davidson’s case, who told him that Davidson will have a felony record for the duration of her 10-year probation. Rhodes said that is grounds for removal from office.
In a phone interview Monday, Stacy Mayor Michael Carlson said he is aware of the charges against Davidson and is looking into the legalities involved.
“I’m researching that right now, but as of today she is still a duly-elected official,” he said.
Carlson praised Davidson for her work on the council. “Personally, I don’t feel she should be removed. She’s made quality decisions for the city.”
Davidson said she is not trying to hide the mistakes she has made, but views her offense as unrelated to her position on the Stacy Council.
“It has nothing to do with city business,” she said. “I’m not handling money or bookkeeping for the city. I do the budget, that’s all,” Davidson said.
She believes her guilty plea does not mean she will be removed from office.
Davidson was the bookkeeper for Minnesota Project, a non-profit agency, in 2002 when she deposited a check in her own bank account instead of the organization’s.
Although she no longer works for Minnesota Project, Davidson said she is on “good speaking terms” with her previous employer.
In Anoka County, Davidson is charged with theft of over $2,500.
She said the Anoka County case does not involve her previous employer, but an issue of providing assistance to someone in need. “We’re fighting that in Anoka County and we’re confident that we’ll win,” Davidson said.
Her first appearance in Anoka County is scheduled for March 14.
Despite the felony charge, Davidson was sworn in for her second two-year term on the Stacy Council Jan. 3. The charges weren’t discussed during the brief meeting, which included the swearing-in and approving a short list of claims.
Mel Aslakson was sworn-in at the Jan. 3 meeting as well. Aslakson also brings controversy to the table; the city has filed an injunction against the retired accountant for allowing a business to operate on his property without a conditional use permit for that specific use.
The existing CUP for the building was to operate as an accountant office. The city revoked that permit in August 2003 after repeated attempts to get Aslakson to apply for a new CUP that applies to the antique store.
Aslakson refused to apply for the new permit, saying his business was established in the residential area before conditional use permits were required, essentially “grandfathering” it in.
Pre-trial is set to begin May 26 at the Chisago County Courthouse.
In the November election, Aslakson unseated incumbent Barb Otterson by garnering just 14 more votes at 249 to 235. He was a member of the Stacy City Council through 2002, when he ran an unsuccessful campaign to be elected Stacy mayor.
Davidson, Aslakson and the rest of the council will meet for the first regular council meeting of the year Tuesday, Jan. 11 at 7 p.m.
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