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November probably can’t come soon enough for North Branch City Council, faced with a distraction at best and an expensive legal liability at worst with both extremes created by a recalcitrant council member whose term expires this year.  

Council member Kelly Neider has generated three substantiated ethics complaints in recent months and the costs for special meeting materials, correspondence among legal counsel and hours of staff time are mounting.   

Her response has been to ignore and deflect the first issues addressing her conduct, and the third breach brought forth an expression of defiance.

Neider has earlier contended the first two complaints were based on misinterpreting what came out of her mouth.   

This latest offense, a breach of Minnesota government data practices (privacy) act,  has never even been acknowledged by Neider. For the two prior opportunities scheduled for Neider to defend herself, she was absent.  And until last week’s meeting she directed all city contact go through her attorney.

Last week her “statement” was: she will not resign, and she will not participate in ethics re-training, as recommended by the other council members.

The city council has found that Neider violated city personnel policy and data privacy statutes.  

This is in addition to prior code of conduct violations of treating a municipal liquor store worker unprofessionally at their job, and of slander directed at a former city appointee/elected official.

The  censure on the meeting agenda last week is relative to a closed council session.  Under state law, what is talked about in a legally convened closed meeting is confidential.  The state has created laws to protect public employees from being exposed in public to what can be frivolous accusations and retribution. Action such as a demotion or separation or leave of absence is taken in an open meeting vote.

Neider exited the confidential closed session and shared details from the session discussion.  

The subject of the closed session has threatened to sue in civil court. Information on-line attributed to Mitchell Hamline law school explains the willful violation of data practices act conditions can also lead to a fine against Neider of $1,000 to $15,000 and could be a misdemeanor.

Personnel policy for North Branch staff mandates an investigation when a privacy violation occurs, explained Mayor Kevin Schieber.  “We have no choice.”

The city cannot, however, remove Neider from council. This would be up to voters.

The agenda item for further action tied to the censure of Neider was left unresolved,  and adjournment last week was quickly called. 

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