WHY ARE HAMBURG CITY OFFICIALS 'ABOVE THE LAW' ??
"COMMON SENSE 101" UPDATE
On December 20, 2019 after witnessing, for THREE MONTHS, what was taking place in the City of Hamburg by it's ELECTED and OTHER CITY OFFICIALS, I contacted the Carver County Attorney, Mark Metz, and advised him of what I was observing taking place. CARVER COUNTY ATTORNEY METZ NEVER RESPONDED to my WRITTEN CONCERNS that I called to his attention !!
The last time I checked, when a 'citizen', in 'good faith', reports what he believes to be a crime taking place, or believed to have taken place, that report should be TAKEN SERIOUSLY and THOROUGHLY INVESTIGATED; NOT MINIMIZED and DISMISSED because of the IDENTITY OF THE INDIVIDUALS INVOLVED !! Strike ONE.
On MARCH 3, 2020, and MORE THAN TEN WEEKS WITH NO RESPONSE OR ACKNOWLEDGEMENT from him, I sent a very detailed and descriptive letter to Carver County Attorney Metz further advising him in greater detail of what I had 'discovered'; this time I also enclosed corroborating documentation, evidence and information; further describing what was taking place in the City of Hamburg by it's ELECTED and OTHER CITY OFFICIALS.
(NOTE: Because I believe in honesty, integrity and 'transparency' of government in general and of 'Public Officials' specifically, pretty much ALL of the information I submitted to Carver County Attorney Metz is available on this Website, and related Webpages, for the public to view.)
As he had done (or not done) previously, Carver County Attorney Metz, once again, NEVER RESPONDED to my WRITTEN CONCERNS !! Strike TWO.
Then, after NOT RECEIVING ANY ACKNOWLEDGEMENT to EITHER of my TWO previous communications him, I AGAIN, on JUNE 10, 2020, sent a THIRD communication to Carver County Attorney Metz basically asking him what his 'intentions' were as to the information that I had preciously called to his attention. Strike THREE.
FINALLY, on SATURDAY, JUNE 27, 2020, I received a reply** from Deputy Carver County Attorney Peter Ivy (who I had previously become aware of during my four year Hamburg City Council term; 2013-2016) regarding my reporting, OVER SIX MONTHS EARLIER, of what was taking place in the City of Hamburg by it's ELECTED and OTHER CITY OFFICIALS. (The MINNESOTA LAWYERS PROFESSIONAL RESPONSIBILITY BOARD takes a VERY DIM VIEW of attorneys who don't keep in contact with their clients, attorney's who 'ignore' the requests of, or inappropriately respond to, a client. I'm sure colleges and universities teach attorneys that in 'Attorney School 101'.) In this particular case, I, as a taxpaying resident of Carver County, observed and reported, in 'good faith', apparent illegal activity by a Public Official(s). As a former, long-time 'public servant' myself, in the Law Enforcement Profession, I had a compelling sense of duty, responsibility and the moral obligation to report my observations to the Carver County Attorney whom I had entrusted to properly respond to, and deal with, my observations, concerns. well intentioned good will and subsequent report, involving what I believed to be PUBLIC OFFICER MISCONDUCT by HAMBURG CITY OFFICIALS; a violation of Minnesota Stature 609.43 of the MINNESOTA CRIMINAL CODE.
In the letter I received June 27, 2020 from Mr. Ivy, he CLEARLY stated: "It is possible that the City Clerk was simply mistaken with his information......" (It is also possible that a man who walked into a bank brandishing a machine gun or AK-47 also 'was simply mistaken'.) Minnesota Statute 628.61 Subdivision 3 CLEARLY STATES "The grand jury shall inquire into the willful and corrupt misconduct in office of all public officers in the county."
How can ANYBODY DISPUTE THAT STATUTE OR IT'S INTENT ? Read the information I've provided on the pages of this Website, and related Webpages; then make your own decision as to whether or not you think there's 'cover-up' taking place. Or, perhaps; ANOTHER WORD that begins with the letter 'C' !! I can think of a number of other words beginning with the letter 'C' to describe what's taking place; how about YOU ??
Yet; the letter from Mr. Ivy goes on to state, "A grand jury will not be convened in this matter because your letter, in itself, does not constitute probable cause* to believe a crime was committed." (Pass out the 'white canes' to Mr. Ivy and the other employees working in the Carver County Attorney's Office, and put up signs throughout Carver County stating, "IT'S O.K. FOR PUBLIC OFFICIALS TO LIE, BE DISHONEST & LACK INTEGRITY"; Violators Will NOT Be Prosecuted !!)
For the Carver County Attorney's Office to state that 'probable cause' doesn't exist in this matter; that is just plain BULLSHIT !! (Now; I HOPE I just got somebody's attention !!) Let me give you a couple of 'text book definitions' of 'Probable Cause':
'Probable Cause' is defined as "A reasonable grounds of suspicion supported by circumstances sufficiently strong in themselves to warrant a conscientious man into believing that a crime has been committed and the accused committed that crime”. And then there's this:
'Probable Cause' requires more than a mere suspicion that a suspect committed a crime, but not an absolute certainty. 'Probable cause'* is the legal standard that requires facts or evidence in a given situation that would lead a reasonable person to believe that a suspect has committed a crime and that suspect accused, did, in fact, commit the crime of which he or she is accused. (*In Illinois v. Gates, 462 U.S. 213, 232 (1983), the Court favored a flexible approach, viewing 'Probable Cause' as a "practical, non-technical" standard that calls upon the factual and practical considerations of everyday life on which reasonable and prudent men [...] act". (Courts often adopt a broader, more flexible view of 'Probable Cause' when the alleged offenses are serious.) Like involving 'Public Officers and Employees', maybe?
EVERY 'rookie' Law Enforcement Officer, ME INCLUDED, learns the elements of 'Probable Cause' as part of their Law Enforcement Training. I PERSONALLY learned what 'Probable Cause' consists of when I attended my BASIC POLICE SCIENCE COURSE training presented by the MINNESOTA BUREAU OF CRIMINAL APPREHENSION at the MINNESOTA STATE PATROL TRAINING FACILITY in Arden Hills !! I also learned about 'Miranda Warnings'.
But I really don't need 'Probable Cause' in dealing with what I observed take place by HAMBURG CITY OFFICIALS; I HAVE THE ACTUAL, PHYSICAL EVIDENCE in this particular case, the ACTUAL DOCUMENT that I received from, and authored by, the Hamburg City Clerk/Treasurer (a copy of which is available on this Website) showing ABSOLUTE IRREFFUTABLE EVIDENCE of a CLEAR and INTENTIONAL VIOLATION of Minnesota Statute 609.43 Subdivision 4 of the MINNESOTA CRIMINAL CODE, INTENTIONALLY CONTAINED FALSE INFORMATION that was INTENTIONALLY SENT TO ME BY THE ACCUSED !!
By FAILING TO ACT APPROPRIATELY, the STAFF of the Carver County Attorney's Office is DIRELECT in it's DUTY and RESPONSIBILITY TO THE CITIZENS OF CARVER COUNTY by FAILING to be IMPARTIAL, UNBIASED and instead, being PREJUDICIAL IN FAVOR OF HAMBURG PUBLIC OFFICIALS because of WHO ELSE WILL BE IDENTIFIED and will also be IMPLICATED !!
In addition to NOT REMAINING IMPARTIAL and NOT DOING THEIR JOB because of WHO IS INVOLVED and who will ALSO be 'implicated', the Carver County Attorney's Office is AIDING and ABETTING in the PREVENTION of CITY OF HAMBURG PUBLIC OFFICIALS BEING HELD ACCOUNTABLE FOR THEIR CRIMINAL ACTIONS, BECAUSE OF WHO THEY ARE !!
I've been to this 'Hamburg Rodeo' before when I was a Member of the Hamburg City Council (2013-2016) and observed then what was taking place in our very small City, by Hamburg City Officials. (The CITY WASTED $50,000.00 TAXPAYER DOLLARS in their (unsuccessful) effort to force me off the City Council so I wouldn't know, and then be unable to reveal, what I was observing take place !!) There is probably nothing more despicable than 'Public Officials' that lack integrity, yet; have unlimited access to Taxpayer Dollars !! And It's HAPPENING RIGHT HERE IN THE CITY OF HAMBURG !!
And equally disgusting: Persons in 'political positions', and lawyers, simply do not 'take on' or challenge other persons in 'political positions', or other lawyers. It's like a 'Code of Silence' exists.
LOOK: When a pharmacist is given a prescription that contains false information intended to obtain prescription drugs illegally, it's called "UTTERING A FORGED PRESCRIPTION (or DOCUMENT"). When a bank teller is given a check by someone who is not authorized to issue the check with the intent to deceive the bank and/or the bank teller, it's called "UTTERING A FORGED INSTRUMENT (or DOCUMENT").
Either way, SOCIETY (and the law) dictate that they get arrested, they go to jail, and then they go to court to be held accountable for their actions. Same principle, in this case. At least it SHOULD be !! But it DOESN'T because of WHO IS INVOLVED !!
The decision, by Carver County Attorney Metz's Office, to NOT PURSUE THIS COMPLAINT OF MISCONDUCT OF PUBLIC OFFICERS AND EMPLOYEES any further, REQUIRES MUCH CLOSER SCRUTINY by an IMPARTIAL AGENCY. While the identity of the accused, and his alleged criminal act(s) are publicly known, the desire and REFUSAL of the Carver County Attorney's Office to take SWIFT, PROPER and APPROPRIATE ACTION, as REQUIRED BY LAW simply because the Carver County Attorney's Office is covertly attempting to KEEP THE IDENTITY OF SUSPECTS & POTENTIAL 'ACCOMPLICES' CONCEALED because of their involvement and status within Carver County and the related 'legal community' itself, REEKS of IMPROPRIETY !!
Also, please see Minnesota Statute 609.43 of the Minnesota Criminal Code; "MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE". Additionally, by refusing to take any action, isn't Carver County Attorney Mark Metz himself, likewise guilty of violating Subdivision 1 of that same Minnesota Statute ?? It is the Carver County Attorney's job to PROSECUTE, NOT PROTECT, those who BREAK THE LAW, REGARDLESS OF WHO THEY ARE; not to SHIELD THEM FROM PROSECUTION because of WHO THEY ARE !! 'SELECTIVE CRIMINAL PROSECUTION' in Carver County involving 'PUBLIC OFFICIALS' ? And, has anyone ever heard of Minnesota Statute entitled 'OBSTRUCTION OF JUSTICE' ?? "Cue CBS NEWS SIXTY MINUTES, DATELINE NBC, ABC's 20/20 and all the rest.
I have always been, and will ALWAYS continue to be, a loyal and staunch supporter of 'First Responders'; the Police Officers, the Firefighters, the Emergency Medical Services Personnel, the 9-1-1 Dispatchers and our Military; my Websites, and my Weekly Internet Shows, convey that fact adequately, emphatically and unquestionably. I realize that everybody is all concerned about holding local Police Officers accountable; I 'get that'. But don't judge the entire Law Enforcement Profession and the deplorable and 'stupid' acts and decisions of a few of the 'rogue ones', that EVERY profession has. Also, how about holding ALL other City, County and State 'Public Officials' accountable for their actions or lack thereof ?? That CERTAINLY would solve the problem we're now facing here, in the CITY OF HAMBURG AND in CARVER COUNTY !! Think about that; even if for just a minute.
ALL County Attorneys have the ETHICAL, MORAL & LEGAL RESPONSIBILITY to criminally, and IMPARTIALLYprosecute ANYONE who breaks the law; REGARDLESS Of WHO THEY ARE, THEIR PROFESSION or THEIR STANDING IN THE COMMUNITY !! A criminal is a criminal is a criminal and MUST be dealt with swiftly, appropriately and according to law. 'Cozy relationships' with local elected 'Public Officials', like the one that exists between the City of Hamburg and the Carver County Attorney's Office, are detrimental to, and demolish, the ethical, moral and legal responsibilities of the proper, impartial administration of the Criminal Justice System that citizens deserve and demand, of those person(s) accused.
The Carver County Attorney's Office has FAILED MISERABLY in their (statutory) duty and responsibility to Carver County residents to act impartially and responsibly, because of the identity and 'position'(s) of current, and FORMER CITY OF HAMBURG PUBLIC OFFICIAL(s) INVOLVED and the possibility of WHO ELSE WILL ALSO BE IMPLICATED in what is taking place in the CITY OF HAMBURG by it's PUBLIC OFFICIALS !!
Don't 'dance around' what's taking place; call it what it is: A ''COVER-UP" !!
In OUR America, citizens EXPECT that PERSONS WHO VIOLATE THE LAW, especially 'PUBLIC OFFICIALS', will be HELD ACCOUNTABLE FOR THEIR ACTIONS REGARDLESS of WHO THEY ARE, the 'position' that they hold' or how important they think they may be. It's as simple as that !! The fine residents of Carver County EXPECT and DESERVE, 'transparency' and impartiality from, and within, the Carver County Attorney's Office. That HASN'T BEEN ALLOWED TO HAPPENED in this case; because of who is involved as well as who else will also be implicated, once a VIGOROUS and THOROUGH INVESTIGATION is conducted by an 'OUTSIDE, INDEPENDENT AGENCY !!
Then, and ONLY then, will true and proper Justice, be served. Yes; it's as simple as that !!
Corroborating documentation, evidence and other information was sent to Mr. Metz on March 3rd, 2020 and is already available on this Website and related Webpages. Because Carver County Attorney Metz has 'closed' my report without taking any action, a copy of my five page, March 3rd letter may be obtained by anyone so interested by contacting the Carver County Attorney, Mark Metz, c/o Carver County Attorney's Office, 604 East 4th Street, Chaska, Minnesota 55318; telephone number 952-361-1400.) If the Carver County Attorney's Office tells you that you can't have a copy because my letter to Carver County Attorney Metz contains 'personal information' about those involved, please tell them that you'll accept a 'redacted' copy of my March 3, 2020 letter, and it's contents, to Carver County Attorney Metz.
PLEASE BE SAFE, WASH YOUR HANDS, WEAR FACE MASKS,
STAY HOME IF YOU'RE SICK and PRACTICE 'SOCIAL DISTANCING' !!
Through a 'contract arrangement' with the City, the Waconia based MELCHERT, MELCHERT & SJODINlaw firm supplies one (or more) of their attorney's to provide the City of Hamburg its legal service and (poor) legal advice. Kelly Dohm, with whom I am thoroughly all too familiar, is a 'partner' of that firm.
This seemingly innocuous reply, shown above, by the Hamburg City Clerk/Treasurer to my request, also shown above, IRREFUTABILITY PROVES BEYOND ANY DOUBT WHAT-SO-EVER the intentional and knowledgeable involvement of the Waconia based law firm of MELCHERT, HUBERT & SJODIN, and AT LEAST ONE of their attorneys, with what is currently, and has been, taking place in the City of Hamburg for WELL OVER A YEAR !!
When the City of Hamburg, upon the advice, direction and guidance of Attorney Kelley Dohm, was trying to (unsuccessfully) 'silence' me & my Website during my City Council term (2013-2016)
by trying to (unsuccessfully) force me to resign my position with the Hamburg City Council,
Dohm's law firm, MELCHERT, HUBERT & SJODIN, was paid about
$50,000.00 TAXPAYER DOLLARS !!
In the CURRENT LAWSUIT brought AGAINST THE CITY OF HAMBURG by a former City Council Member, the City has ALREADY PAID nearly $30,000.00 TAX PAYER DOLLARS so far to the
MELCHERT, HUBERT & SJODIN law firm !!
THE DOCUMENT SENT TO ME BY THE HAMBURG
CITY CLERK/TREASURER THAT CONTAINED
INTENTIONALLY FALSE INFORMATION
APPEARS BELOW:
▪ The condition of every person imprisoned on a criminal charge in the county, and not indicted;
