Judges step away from salary dispute

Published 1:42 pm Tuesday, January 4, 2011

Freeborn County District Court Judges Steven Schwab and John Chesterman have removed themselves from being eligible to hear a salary dispute case in Freeborn County.

Freeborn County Sheriff Bob Kindler filed an appeal Dec. 27 with the Freeborn County District Court to have his 2011 salary reviewed.

Schwab and Chesterman formally recused themselves from the case on Dec. 29.

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The case was reassigned on Monday to District Court Judge Donald E. Rysavy of Mower County. It is unknown at this time when the case will be heard.

Kindler is appealing the $75,000 salary for 2011, as set by resolution of the Freeborn County Board of Commissioners on Dec. 14.

The Freeborn County Board of Commissioners on Tuesday morning recessed into a closed session to discuss the case as well. According to Freeborn County Administrator John Kluever, the purpose of the closed session was to hold a conference call with Scott Lepak of Barney, Guzy & Steffen, who is acting as legal counsel for the county board.

After the closed session, which lasted about 35 minutes, Kluever announced that neither he nor the board can make further comments as the case is still pending. He said any future comments, if needed, would be made on behalf of the board through county administration.

The $75,000 salary represents a 9.25 percent reduction from Kindler’s base salary for 2010 and an overall salary reduction of over 15 percent when overtime is added.

As a detective supervisor, Kindler was an hourly employee, making $39.39 per hour with a yearly base wage before overtime of $81,931. Had he stayed in the role of detective supervisor position, his 2011 rate of pay would have been $40.17 per hour, or $83,570 for the year.

In other action, the board:

• Voted unanimously to leave the member appointments to various committees in 2011 the same as they were in 2010, with a review and possible amendment to these assignments after the special election of the new 5th District commissioner.

• Elected 2nd District Commissioner Dan Belshan as the chairman of the board for 2011.

• Appointed 1st District Commissioner Glen Mathiason as vice chairman of the board for 2011.

Set 2011 meeting dates and times for the first and third Tuesdays of each month at 8:30 a.m. with the exception of February, in which the meeting dates will be the second and fourth Tuesdays, and the Dec. 6 meeting which was changed to Dec. 13.

• Designated workshop dates and times as follows: Jan. 25 at 8:30 a.m. to discuss possible reorganization of Freeborn County Public Health after the resignation of director Lois Ahern; Feb. 9 at 5:30 p.m. to meet with Albert Lea City Council.

• Appointed Robin Schmidt to the Extension Services advisory board.

• Appointed Sue Yost to replace Lois Ahern on the Freeborn County Collaborative Governing Board.