Mayor Jerome “Lefty” Kleis of Becker is suing the city and members of the city council, charginging them of violating his free speech rights.

 

Kleis’ attorney, Phil Villaume, filed notice of the lawsuit this week in Sherburne County District Court city the City of Becker and council members Adam Oliver and Tracy Bertram as defendants. The suit seeks an injunction to lift censures and pay damages  of $50,000.

 

The civil lawsuit is the latest development in an continuing dispute between the mayor and city council members since Kleis took office in January of 2013.

 

The civil complaint alleges that the two times the city council has censured Kleis — once in 2013 and again in February of this year — the act has violated his civil rights and civil liberties and has negatively affected his ability to perform his duties while in office.

 

The lawsuit claims that on December 3 of 2013 during a city council meeting, the city council instituted a censure on the mayor for false reasons. This censure instituted a restraint on the mayor’s speech, deprived the mayor of his civil rights and liberties, infringed on Kleis’s duties as mayor. 

 

It further mandated that Mayor Kleis could not have contact with certain individuals, that he could  not discuss issues regarding the golf course with anyone other than council members, the city administrator or the golf committee, be not allowed to serve on the golf committee or personnel committee and not be allowed to participate in any employment decisions of a city employee.

 

In February, city council members voted to censure Kleis for what they said were harassing interactions with city staff that violate the city's code of conduct. The censure resolution followed a January special meeting in which the personnel committee had received credible reports from employees in which the mayor was engaging in aggressive communications leading to a hostile work environment. 

 

Council instructed Kleis not to contact city employees without a council member present, to submit data requests in writing and raise employment concerns to the personnel committee rather than in a public meeting.

 

The city’s attorney, Scott Lepak noted the city is obligated under law to protect their employees wherever possible.

 

May 12 of 2015, Mayor Kleis appeared on the WJON radio station to talk about Pebble Creek. In the interview, Kleis told the listeners the 27-hole golf course has only turned a profit in four years out of its 27-year history and said the entity was putting a strain on the city’s budget.

 

Kleis told the radio listeners he would prefer to have the city sell the golf course to a private company.

 

In response to the Kleis’ radio interview, the city council held an executive session June 2 and the mayor again discussed the issue of the city’s golf course and its operation.

 

Three days later, council considered issuing a censure on  Kleis for speaking out against the golf course publicly that was contrary to council’s ideology.

 

This act, taken by Oliver and Bertram against the mayor, violated Kleis’ civil rights and civil liberties and infringed upon his duties as mayor, the lawsuit claims.

 

The lawsuit asserts the mayor’s civil rights and liberties have been harmed as well as his authority as Mayor and are irreparable. As a direct result of the actions of the city, Oliver and Bertram, the mayor has sustained irreparable damages and merits a judgement of $50,000 together with costs, disbursements, reasonable attorneys' fees, statutory prejudgment interest herein, injunctive relief and any other relief deemed necessary to make the mayor whole. 

 

Kleis declined to comment and referred questions to his attorney, Phil Villaume

 

“Things just appear to be escalating,” said Villaume, noting that Kleis was recently told he couldn't retrieve his city mail unless accompanied by a second person.

 

“It's that kind of thing that has just crossed the line of propriety,” Villaume said. “We don't think they have any legal authority to do what they've been doing.”

 

In a news release, City Administrator Greg Pruszinske stated the League of Minnesota Cities Insurance Trust is providing legal defense for the city. City officials have not had time to review the claims in the lawsuit and are not in a position to comment at this time, Pruszinske said.

 

The league has provided a defense for the city, hiring attorney Dyan Ebert of Quinlivian and Hughes of St. Cloud.

 

“The city is confident that the actions taken and the decisions made regarding Mr. Kleis were appropriate and justified,” the statement read.

 

The Citizen-Tribune was not included in the original disbursement of the news release from Mayor Kleis’ attorney’s office and was obligated to go through unconventional means to garner most of the preceeding information.