It’s possible that all four Freeborn County commissioners and the county administrator may be called upon to take the stand in the upcoming hearing of the salary appeal filed by Freeborn County Sheriff Bob Kindler.

The Freeborn County Board of Commissioners went into closed session Tuesday morning to discuss the salary dispute case between Kindler and the county. The hearing is slated for Feb. 24 in Freeborn County District Court.

Kindler is appealing his $75,000 salary for 2011, which the Freeborn County Board of Commissioners set in December, a month and a half after he had been elected. That pay rate represents a 9.25 percent reduction from Kindler’s base salary for 2010, when he was the detective supervisor in the Sheriff’s Office and an overall salary reduction of more than 15 percent when overtime is added.

During the closed session, board members conferred via conference call with the county’s lawyer, Scott Lepak of Barney, Guzy & Steffen. Freeborn County 1st District Commissioner Glen Mathiason, 3rd District Commissioner Jim Nelson, 2nd District Commissioner Dan Belshan and Freeborn County Administrator John Kluever participated in the session. District 4 Commissioner Christopher Shoff was absent from the meeting.

The board reconvened after one hour and 20 minutes, stating only that they had discussed specifics of the upcoming trial and that commissioners would be making no additional comments as the lawsuit is pending.

However, Kluever did say that it’s possible that he and the commissioners may have to take the stand, though they have not yet received subpoenas to appear in court. He said their role in the trial will depend largely upon the direction given by the plaintiff.

According to court files, Kindler has not hired a lawyer.

Kindler, who was out of the office Tuesday morning, was not able morning, was not able to be reached for comment as of press time.

During the conference call, it was not discussed how the county’s lawyer thinks the trial will go, or whether they’re looking at similar cases to develop their defense strategy in court. Kluever also didn’t know what kind of effect the outcome will have on future setting of salaries in Freeborn County.

Kluever said this type of case, where an elected official makes a salary appeal before taking office, is unusual.

“This doesn’t mean that it hasn’t happened before, but Scott (Lepak) said this isn’t the sort of case that happens often,” Kluever said.

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 that position, his 2011 rate of pay would have been $40.17 per hour, or $83,570 for the year. He has worked in the Sheriff’s Office for 24 years.

In 2010, Sheriff Mark Harig had a salary of $82,500.

The commissioners set a minimum salary of $62,000 in January 2010, so people considering running for the office had an idea of what pay to expect.

Kluever previously stated that commissioners discussed Kindler’s education, experience, responsibilities of the position and past accomplishments during a public workshop prior to setting the salary. He said sheriff’s salaries in other counties in southern Minnesota, and around the state, were also taken into consideration.

Also in a previous statement, Shoff said a historical precedent was also considered, pointing out that when Harig took over the position from his predecessor Don Nolander, Harig didn’t automatically take over the same salary.

Mower County District Court Judge Donald E. Rysavy has been assigned to preside over the hearing, after Freeborn County District Court Judges Steven Schwab and John Chesterman formally recused themselves from the case.