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City of Sleepy Eye releases investigation report

SLEEPY EYE — The City of Sleepy Eye released an investigation report involving City Councilor Larry Braun Monday, after receiving formal requests from media.

The investigation, conducted by Twin Cities attorney Annette M. Margarit, was authorized in February after the City of Sleepy Eye received complaints about Braun from 13 city employees. The details of the complaints were not made public earlier this year.

The report concluded that Braun, a former city utilities employee who was elected to office last November, demeaned city employees and tried to turn them against others. He claimed that city employees “worked for him now” and implied that he had the power to remove them from their jobs.

Braun also talked negatively with other people in the community about various city employees, with word getting back to the employee that Braun “sure doesn’t like you.”

In the investigation, Margarit, who practices in employment and municipal law, personally interviewed a number of city employees and former employees, and reviewed written complaints by numerous city employees. She also reviewed Minnesota statutes, City Charter and Code, City Council meeting minutes and related newspaper articles.

In the report released by the city, names of people except Braun were blocked out in Margarit’s findings of fact. Her conclusions were that Braun tried to demean people and turn them against others and that his triangular communication technique was very destructive.

“He chooses one employee to talk to, speaking very badly about a second employee with warning language, ‘Employee 2 better watch out,’ Margarit wrote. “The first employee’s image of the second employee is tarnished. The first employee goes to the second to convey Braun’s warning. At the same time, the first employee becomes afraid that Braun is spreading similar falsehoods to others about the first employee.”

Margarit wrote that Braun “is out of the community now with the title council member and still spoke very negatively about city employees.” She wrote that “the statements of course, very predictably, come back to the victim of Braun’s statements and are hurtful.”

Margarit wrote that proper council member procedure is to air concerns about city services at an open council meeting and if the council agrees, direct city staff action. In this way, the City Council can respond to Braun’s statements and debate in a public forum accessible to anyone, including city employees.

Margarit concluded that Braun seriously tried to undermine people city employees enjoy and support, that the technique is very damaging to people in safety-sensitive positions and that creating division in the department can be physically dangerous.

She reported that Braun has no legal right to supervise, direct or dismiss any city employee except as a council vote for or against a city manager. Margarit wrote that Braun’s actions are outside his authority as a city council member.

“Because his behavior is outside the scope of his office, I do not believe his private comments to others outside city council meetings have any legal protection and certainly no immunity,” Margarit wrote.

She reported the city must be alert to the amount of stress Braun’s behavior imposes on city employees in the event the stress manifests itself physically in any employee who may be a target of Braun. She added that such stress can result in increased workplace absences.

Margarit concluded that Braun’s words are aimed at city employee’s professional work reputation and that the city attorney may want to examine the legal exposure to the City caused by a council member harming business reputations.

She reported that city employees sincerely fear Braun’s power as a council member.

In the report, Margarit received a written statement that read that Braun is “out to get people fired and to get revenge on city officials who screwed him over.”

Another statement read that “Braun likes to turn people against each other and will throw anyone under the bus if it can help him.”

Sleepy Eye City Manager Mark Kober said the City of Sleepy Eye has spent about $30,000 in legal and city staff costs since the investigation began earlier this year. Kober said the related costs are not final, but ongoing, since the City Council recently hired more lawyers to work on the issue.

Sleepy Eye Mayor Wayne Pelzel declined to comment on the issue.

Braun said he had no comment on the investigation report Monday.

Fritz Busch can be emailed at fbusch@nujournal.com.

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