The cities of Tower and Orr have agreed to hire an attorney to represent them in a complaint that could lead to criminal charges against some members of the St. Louis County School Board as well as school officials and their hired consultants.

City officials in Cook turned opted against joining the effort, as some council members questioned whether it was the proper role for the city.

Meanwhile, a similar complaint filed by retired DNR law enforcement official Doug Erickson, of Lake Vermilion, against the St. Louis County School District’s teachers union has already passed an initial legal review and now heads to an evidentiary hearing before a three-judge panel. That complaint alleges that the teacher’s union broke the law when it published an advertisement in the Dec. 3 Cook News Herald that, among other claims, urged the public to: “Vote Yes for Lower Taxes!”

The state Office of Administrative Hearings, which oversees Minnesota’s Fair Campaign Practices statutes has already determined that the ad appears on its face to be a violation of Minn. Stat. 211B.06, which makes it a crime to disseminate campaign material or information with a reckless disregard for the truth.

An evidentiary hearing has been ordered, but the date has not yet been set.

Teachers union president David Fazio acknowledged that the teachers union placed the ad in order to support the referendum. He said the ad was designed by Cherry School students, but that union members reviewed it prior to publishing it in the paper.

Fazio said some teachers had questioned the ad’s message, but he said it was explained that the ad referred to the difference in taxes compared to neighboring districts, most of which had operating or bond levies in place. “Even with the referendum’s passage, our taxes would still be lower,” he contended. But the ad never provided that explanation and simply stated that voting yes would result in lower taxes.

Asked if he was aware that a vote in favor of the bond would raise property taxes for district landowners, Fazio said he knew it would increase taxes. The district had estimated a tax increase of $159 to $164 per $100,000 value for a homesteaded residence.

“Our intent was not malicious,” he said of the ad. “We never intended it would end up where it’s now going.”

Cities respond

City leaders in Tower and Orr both approved resolutions Monday night to hire the Minneapolis-based law firm of Mohrman and Kaardal to represent them in submitting their own complaint with the OAH, alleging the same violation as is now facing the teacher’s union.

The mayors of Tower, Orr, and Cook, along with other community representatives (including this reporter) met with attorney Erick Kaardal last Wednesday, and he advised them his firm believes they have a valid complaint against the school district under false campaigning statutes.

The statute in question prohibits intentional participation “in the preparation, dissemination, or broadcast of paid political advertising or campaign material... with respect to the effect of a ballot question, that is false, and that the person knows is false or communicates to others with reckless disregard of whether it is false.”

Opponents of the district’s restructuring plan have alleged a list of specific statements made by school officials at public meetings and in printed materials that were inaccurate. Those items were included along with a citizens’ petition to the state auditor seeking an investigation of the district’s claims. That investigation could take months to complete, according to Mark Kerr, with the auditor’s office. The auditor’s investigation would, in either case, likely provide only findings and recommendations.

In contrast, the OAH acts relatively quickly, typically making an initial determination within days. The OAH then holds an evidentiary hearing to determine not only whether the campaign information is false, but whether the false information was disseminated in “reckless disregard” for the truth, a relatively high legal standard.

Should the OAH find that false information was spread in “reckless disregard” it could issue fines, a reprimand, or even refer the matter to the county attorney for criminal prosecution.

Regardless of the outcome of the case, it is unlikely to lead to a reversal of the Dec. 8 election result.

But city officials say accountability is the issue.

“I certainly feel it’s important to take this action,” said Tower Mayor Steve Abrahamson. “Any public entity should be responsible to the people they are representing. It seems to me there was a lot of misrepresentation that took place. If we don’t pursue it, then we as a community have failed to do our due diligence.”

“We’re not looking to overturn the election,” said Orr Mayor Dale Long, who noted the goal was to obtain time to conduct an independent study to look at other options for the school’s plan for the north. Should that study find that the district’s plan to close schools and build new facilities was the right approach, Long said the city would have to live without a school in Orr.

Long said the city’s involvement in the legal action is contingent on all funds to pay for legal representation being raised privately in advance.