BREITUNG TWP.— Matt Tuchel had expected to take the oath of office here last Friday, following his election as a township supervisor on March 8.
Instead, he submitted a letter to the township declining the position.
The surprising turn-about hinged on a potential conflict of interest, per a legal opinion issued by the township’s attorney, Robert Pearson. Perhaps the biggest surprise is the financial connection that tripped up Tuchel, who serves as the township’s assistant fire chief, as an EMT for the Tower Ambulance Service, and as the full-time wastewater supervisor for the Tower-Breitung Wastewater Board.
Tuchel said he had asked township officials to inquire with Pearson about potential conflicts out of an abundance of caution. “To me, there was no obvious conflict,” said Tuchel. While Tuchel, who has served as the township’s assistant fire chief, said he knew he couldn’t serve as the township’s fire chief, based on previous attorney generals’ opinions, it’s been clear for some time that elected town board or city council members can hold lower-level positions within city or township departments, as long as their position does not answer directly to the council or town board.
His job with the wastewater board is unlikely to create a conflict, given that it’s a separate governmental entity, governed by a joint powers agreement between the city and the township. Tuchel said he had assumed that he would not be able to represent the township on the wastewater board, since the board does control his wages, determine his job duties, and supervise his performance. Township representatives make up two of the four members of the wastewater board.
But he said attorney Pearson had concluded that his position as wastewater supervisor was, in fact, a conflict of interest. According to Tuchel, Pearson laid out his rationale in the letter, and though he doesn’t agree with the attorney’s conclusions, he opted to step aside to avoid any questions. The Timberjay requested a copy of the attorney’s letter, but the township did not respond to the request as of press time. The Timberjay also contacted Pearson’s office in Duluth but he did not respond to a message seeking clarification.
The Minnesota State Auditor addresses the issue of conflicts of interest, which generally states that “a public officer authorized to make a sale, lease, or contract in an official capacity must not have a personal financial interest in that sale, lease, or contract, or personally benefit financially from it.”
As town supervisor, Tuchel would have exercised no apparent authority over his wages or duties as wastewater manager. Tuchel is employed by the wastewater board, which is specifically designated as a separate government entity according to its joint powers agreement. The wastewater board, which is governed by a four-member board including two representatives from the city and two from the township, does its own hiring and oversight of its employees, and pays Tuchel’s wages from its own accounts, which are overseen out of Tower City Hall.
Tuchel said he would have declined an appointment to the wastewater board, which could have presented at least an appearance of a conflict of interest.
Tuchel said he disagrees with the attorney’s decision but recognizes it was made with an abundance of caution. At the same time, he said he didn’t want there to be even the appearance of a potential conflict. “You don’t want to put the township in a questionable situation,” he said. “I didn’t want it to impact the public’s trust. If it’s not straightforward, why do it?”
Tuchel said he could have filed for an exemption from the Attorney General’s Office but said he didn’t want the township to expend any resources. And, in the meantime, Tuchel said the attorney had recommended that he not vote on any township matters, which could have left the town board in a kind of limbo, potentially for months, as they awaited a determination.
So, rather than take the oath of office, he submitted his letter of withdrawal. “It stinks,” said Tuchel, “but in retrospect, I’m glad we found out now, rather than six months from now.”
Tuchel’s decision leaves the town board with a vacancy that will need to be filled by appointment. The appointee would serve until the next township election, set for next March.