Meeting transcript disclosed
Brittany Lawonn, The Forum
Published Wednesday, May 30, 2007
When Valley City (N.D.) commissioners met in closed session Jan. 22 to discuss their city administrator’s role in a fake Ku Klux Klan Web site, they didn’t talk about whether it was right or wrong for him to have created it.
Instead, they talked about how to punish Dave Johnson without causing them or the city too much hardship.
Later that night, commissioners suspended Johnson without pay for 10 days for his role in creating the site, formed to discredit three political challengers.
Though the meandering, two-plus-hour meeting took place behind closed doors in January, details of it are just now emerging.
Valley City municipal attorney Nicholas Simonson recently turned over to The Forum a transcript from the Jan. 22 special meeting, after being ordered to do so by the North Dakota Attorney General’s Office, which reviewed audio tapes of the closed session to determine if public business was conducted.
Commissioners said they closed the meeting to discuss pending litigation, but the transcript shows that wasn’t the only thing discussed.
In addition to talking about four punishment options, the transcript shows the meeting included discussions about:
- How to handle disclosing the punishment and how the public would respond to it.
- How the vote would go regarding Johnson’s punishment and whether someone’s vote would change if the punishment became more severe than 10 days but did not call for Johnson’s termination.
- Other public business, such as bills before the North Dakota Legislature, including one about funding to fix National Guard armories.
The Forum obtained the meeting transcript slightly more than three months after filing a Feb. 16 complaint with the attorney general’s office. The Forum also has asked for a formal opinion about what it believes was a violation of the state’s open meeting laws.
By dealing with personnel issues, the meeting should have been open to the public, said attorney Jack McDonald, a representative for the North Dakota Newspaper Association and the North Dakota Broadcasters Association.
Elected city officials are allowed to meet in private to discuss pending litigation and to determine legal strategy, but they must vote and discuss public business in the open.
During the Jan. 22 conversation, commissioners debated how long to suspend Johnson, at one point considering 30 days, to which Mayor Mary Lee Nielson responds, “Oh, you guys, that’s a long time.”
Another person, not identified by name in the transcript, complained that suspending Johnson for 30 days would be “putting a lot more work on my table.” The person continues, saying if Johnson receives 30 days, “I’m going to be taking the same hit he is.”
Someone, also unidentified by the transcript, responds that “anything more than a two-week suspension would put the work of the city in jeopardy.” Commissioners also compared suspension times to how much pay Johnson would lose before choosing 10 days.
Nielson also asks Commissioner Steve Ondracek, who wanted to fire Johnson, if he could “live with” a 10-day suspension or if a 30-day suspension would make a difference, saying she wants “to see how the vote might go.”
Ondracek, the lone dissenting vote in the 4-1 decision, and Nielson did not return messages seeking comment. Simonson was unavailable for comment, his office said Tuesday.
All five city commissioners were present for the closed meeting, but the transcript often doesn’t identify who is speaking.
At one point, one unidentified meeting participant, in addressing how the board should sell its decision to the public, said … “you had to consider the overall impact on city operations, blah, blah, blah, blah, blah, and it was very hard, difficult decision, all (inaudible) good stuff.”
Johnson has said he intended the site to express parody and satire and believes those depicted “are blowing this matter substantially out of proportion.”
The three failed municipal candidates – Bob Drake, LeRoy Neubauer and Lloyd Nelson – have called the site a smear campaign and said Johnson’s punishment was not strong enough. The site depicted the three as supported by the KKK, a slum lord and Adolf Hitler.
Johnson said he was surprised he was suspended and he wasn’t worried he might be fired.
“To me, that’s not an offense that you terminate somebody for,” he said. “There was nothing illegal done. If they want to deem it improper … to do this on my time, that’s fine, I can live with that.”
Readers can reach Forum reporter Brittany Lawonn at (701) 241-5541
| Web site creator says he intended it to be a parody
By Benny Polacca bpolacca@forumcomm.com
Metro/State - 03/30/2007
Dave Johnson ended months of silence Thursday after being suspended from his Valley City, N.D., city administrator duties for creating a fake Web site targeting three failed city commissioner candidates last summer.
In January, he was also the subject of a disorderly conduct restraining-order request sought by former commissioner candidate Bob Drake in Barnes County District Court. The request was denied.
In the same ruling, Judge Richard Grosz said the fake Web site was protected by free speech rights, so Johnson did not violate his job duties.
“It’s time to say something,” Johnson said Thursday. “Up until this point, (the three former candidates) have had full say.”
Drake, LeRoy Neubauer and Lloyd Nelson charged that Johnson’s fake Web site -- created before last summer’s city elections -- was a smear campaign.
The site depicted the three as a Ku Klux Klan member, Nazi leader Adolf Hitler and a slumlord.
In a news release, Johnson defended the site as expressing “parody and satire. I did not intend for this Web site to be offensive.”
Johnson also believes the three former candidates “are blowing this matter substantially out of proportion.”
On the restraining order, court papers say Drake accused Johnson of sending letters to him demanding payment for snow removal and ordering his electricity to be turned off.
Drake asked for a restraining order, arguing Johnson’s actions were illegal. But Drake failed to supply the court with additional information by the Jan. 24 deadline, so Grosz dismissed the matter with prejudice.
In his own news release Thursday, Drake argued that Johnson made false statements about him and the two other candidates “during an election year with a political advertisement, which is a clear violation of the North Dakota Corrupt Practices Act.”
Drake also contended that Johnson got “a slap on the wrist” by the commission for the Web site. The commission voted 4-1 to suspend Johnson for 14 days in February for his involvement.
An earlier investigation determined that Johnson did not use city time and resources to create the fake Web site. Johnson’s news release said a Web site offering free hosting for 30 days was reused three times for the Web site in question.
Johnson said he didn’t know immediately if further legal action was on the way.
“We need to go on with life,” he said.
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Web site lawsuit postponed
Times-Record 15 March 2007
Pledging his cooperation with the city attorney’s office, Robert Drake has decided to postpone his planned lawsuit arising from a fake web site which surfaced before last summer’s elections.
In a press release, Drake stated that he had planned to file the lawsuit Friday. But a result of "new and significant information (having) come to light as a result of the publicity surrounding his pending lawsuit," Drake has decided to alter his plans.
The press release went on to state that "City Attorney Nicholas Simonson had also asked Drake to postpone filing the lawsuit, partly because of this new information."
Simonson is out of town and was unavailable for comment.
Also in the press release, Drake said, "this new information corroborates that David Johnson, the Valley City administrator, was responsible for creating this website, and Johnson used city time and city resources to disseminate this website and bring attention to it. Previously, both the city attorney and Barnes County State’s Attorney Bradley A. Cruff had stated that city time and city resources were not involved in the creation of this web site."
That site depicted three candidates for municipal office as Adolf Hitler, a Ku Klux Klan member and a slumlord. Drake was one of three candidates who unsuccessfully ran for office.
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The tension keeps building in Valley City, N.D., over a fake Web site that targeted three failed municipal candidates, despite a two-week suspension last month for a city official’s potential role in the site.
A criminal investigation is ongoing, and a lawsuit is in the works against the city administrator accused by some of being behind the site, a local radio station that promoted it and a radio station employee who spoke about it on air.
Bob Drake, one of three failed candidates for office in Valley City, says “there’s no doubt in (his) mind a cover-up is taking place to hide who all was behind the site” and who knew about its existence.
The fake site appeared before last summer’s municipal election. It depicted the three candidates as Adolf Hitler, a Ku Klux Klan member and a slumlord.
City Administrator Dave Johnson was suspended for two weeks without pay in February after the Valley City Commission deemed his conduct “unbecoming to a municipal employee” during a closed meeting in January.
Johnson has not admitted to creating the site and declined to comment Friday.
Drake said he plans to sue radio station KOVC, Ryan Cunningham and Johnson in an effort to further his investigation to find out how many people were behind the site and to prove that such actions have consequences.
“What kind of a message is that sending to everybody else?” he said. “You can say and do whatever you want?”
Drake’s attorney, Russ Myhre, said their investigation is at a standstill and they believe filing a lawsuit will open up doors and information.
“We’ve kind of reached the end of our rope in terms of what information is being provided to us and what we can find out,” he said. “And in order to go further with this we have to institute a lawsuit so we can then have subpoena power (and) depose witnesses and parties to find out exactly what they knew.”
Myhre said he plans to file the lawsuit, which he said will likely deal with defamation of character, on March 16. He also said other parties may eventually be named in an amended version of the suit, but he would not say who he is considering.
A monetary amount has not been determined, he said, adding that his client is more concerned about the sanctity of elections rather than being compensated.
“We all know that politics is a dirty business, but what person in their right mind would want to run for political office if this was the kind of humiliation they faced,” Myhre said.
Criminal charges have not been filed against Johnson, but an investigation by the state Bureau of Criminal Investigation into whether city time or city resources were used in creating or operating the Web site is ongoing, said Barnes County State’s Attorney Brad Cruff.
A preliminary report says such resources were not used, he said.
Attempts to reach Cunningham and a representative of KOVC were unsuccessful
Friday.
| Web site suit may be filed
Friday Tuesday, 13 March 2007 By Mike Ferguson Times-Record Editor treditor@daktel.com
The stage appears to be set for the beginning of a legal battle later this week over a fake Web site which surfaced before last summer’s Valley City elections. The site depicted three candidates for municipal office as Adolf Hitler, a Ku Klux Klan member and a slumlord. Bob Drake, one of three candidates who unsuccessfully ran for office, has stated publicly that “there’s no doubt in (his) mind a cover-up is taking place to hide who all was behind the site.
Drake’s attorney, Russ Myhre, told The Forum in a published report that he plans to file the lawsuit on Friday, which he said will likely deal with defamation of character against Valley City Administrator Dave Johnson and KOVC radio personality Ryan Cunningham.
Johnson had no comment when contacted on Monday. Cunningham spoke out on Monday afternoon, telling the Times-Record that, neither myself nor the radio station has at any time had anything to do with any sort of conspiracy.
We don’t care who wins and who loses city elections, Cunningham added. Now if there was city involvement in some sort of conspiracy, I must also say that I fully support Bob’s right to get answers. City Attorney Nick Simonson feels that the city should not be a party to the lawsuit. It is my understanding that the city is not going to be named as an initial defendant in the lawsuit, he said. He also told the Times-Record that he thinks the suit will be filed on Friday.
An investigation by the state Bureau of Criminal Investigation into whether city time or city resources were used in creating or operating the Web site is ongoing. Barnes County State’s Attorney Brad Cruff has stated that a preliminary report indicated such resources were not used. Liz Brocker, a public affairs officer with the state attorney general’s office in Bismarck, says her office cannot comment on an open investigation. Ordinarily, we will not even confirm that there is an open investigation in this type of matter, Brocker said on Monday. Word did get out about the investigation, so I can go ahead and confirm the open investigation. But at this point, we will not be releasing any further details until our investigation is complete.
| VC administrator suspended after Web site spoof
The Jamestown Sun
Published Thursday, January 25, 2007
VALLEY CITY, N.D. (AP) — The city administrator has been suspended for two weeks without pay after complaints about a Web site spoof that linked one city candidate to the Ku Klux Klan and made another appear like Adolf Hitler.
Administrator Dave Johnson was suspended after a closed meeting Monday night in which city commissioners decided his conduct was “unbecoming to a municipal employee,” City Attorney Nicholas Simonson said. Johnson has not admitted creating the Web site, Simonson said.
Johnson declined comment on his suspension, which runs from Feb. 1 to Feb. 14. Three failed candidates for city office say the punishment was not harsh enough.
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| AP photo Valley City, N.D., residents from left, LeRoy Neubauer, Bob Drake and Lloyd Nelson are shown standing outside City Hall Tuesday in Valley City, N.D. The three unsuccessfully ran for public office and say they were victims of a smear campaign involving a mock Web site. |
“That’s basically saying that the Valley City Commission supports the Ku Klux Klan by not firing that guy,” said Bob Drake, who run unsuccessfully for city commissioner. “They (commissioners) totally lost all credibility with the city.”
Simonson said an internal investigation found the site was not operated during city work time or created using city resources.
The investigation also found Mayor Mary Lee Nielson was not involved with the site’s creation or maintenance, he said.
Drake, along with candidates Lloyd Nelson and LeRoy Neubauer, alleged Nielsen and City Commissioner Jon Wager also were involved with the Web site. Wager denied that and said the allegations stem from a property value reassessment from 2004.
“I think there’s an element of sour grapes there,” Wagner said.
The mayor issued statements to the Valley City Times-Record signed by her and by Avis Richter, the city auditor, and Dave Ramstad, the city assessor, saying they had nothing to do with the Web site.
Nelson said the experience will keep him from running for office again and that the punishment will make Johnson “think he can do a lot more.”
“It’s terribly disturbing that a city official would stoop to that level, down in the slime, to degrade someone,” he said.
Drake’s attorney, Russ Myhre, gave the Valley City Police Department a statement Tuesday asking for a criminal investigation into potential election fraud, saying the Web site was intended to “corrupt the election practices” in the city.
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Slanderous website investigation forwarded to Bureau of Criminal Investigation
By Staff (KVLY-TV)
Jan 26, 2007, 20:01
The Barnes County state's attorney has forwarded an investigation of a slanderous web site to the North Dakota Bureau of Criminal Investigation. Brad Cruff says Valley City's police department felt it shouldn't investigate the case itself, because it involves city employees. Robert Drake of Valley City filed the complaint with police because the web site depicted him as a white supremacist. He was running for office at the time and lost. City administrator David Johnson has since been given two weeks' suspension without pay. Cruff says he wants the B.C.I. to find out who created the website and if city time and money were used.
Valley City administrator suspended after fake Web site complaints...
Jan 24 2007
Valley City administrator suspended after fake Web site complaints
(Help from Wayne Byers, KCSI, Jamestown)
VALLEY CITY, N.D. (AP) A fake Web site that allegedly linked
one Valley City candidate to the Ku Klux Klan and made another look
like Adolph Hitler has led to the suspension of the city's
administrator.
Dave Johnson has been suspended without pay for two weeks. But
unsuccessful city candidates don't think that's punishment enough.
Bob Drake ran unsuccessfully for the city commission. He says
Johnson should have been fired.
The Valley City attorney, Nicholas Simonson, says Johnson did
not admit creating the Web site. Simonson says city commissioners
met behind closed doors Monday night and decided his conduct was
"unbecoming to a municipal employee."
Simonson says an internal investigation found the site was not
run during city work time or created with city resources.
Drake Says He Filed Complaint
Against Johnson, City Administrator
KCSI - Net News
Jan 16
Valley City, N.D. (KCSI-Net News updated 1:00 pm 01/17/07) - During the public comment section of the Valley City Commission meeting Tuesday evening (Jan 16th) Bob Drake, Valley City, accused David Johnson, City Administrator for Valley City, of being the creator of a website that depicted Drake and other candidates as members of the KKK and further likened Drake to Hitler. He asked the Commissioners what they are going to do about it.
At the meeting, Drake said that he had filed a complaint with the ND Attorney General’s office along with several other agencies. The website had appeared for a short period prior to the spring election for City Commission in which Drake was an unsuccessful candidate.
Drake told KCSi-T.V. news, he has hired an attorney to file lawsuits against various city elected and appointed officials, as city employees and personally. He said the web site server company has been contacted for the content of the web site, which he says the business has agreed to do.
He said his complaint has been filed with the North Dakota Attorney General’s office, Secretary of State, Senators Conrad, Dorgan, and Representative Pomeroy, along with State Representatives Mueller, and Metcalf, and Senator Robinson. He also filed the Complaint with Governor John Hoeven.
Valley City’s City Attorney, Nicholas Simonson told KCSi-T.V. news, that city officials have been provided with copies of Drake’s complaints filed with various state offices, and other officials, and that the City is beginning an investigation into Drake’s allegation.
| Suspension of city official not enough, candidates sayBrittany Lawonn, The Forum Published Wednesday, January 24, 2007 Three failed candidates for office in Valley City, N.D., don’t think a city official received a harsh enough punishment for what they call a smear campaign.
City Administrator Dave Johnson was suspended for two weeks without pay for his possible role in a fake Web site that linked one candidate to the Ku Klux Klan and simulated another to appear like Adolf Hitler.
Bob Drake, who unsuccessfully ran for city commissioner, said the punishment is “absolutely nothing compared to what [Johnson] did.”
“That’s basically saying that the Valley City Commission supports the Ku Klux Klan by not firing that guy,” he said. “They totally lost all credibility with the city.”
While Johnson has not admitted to creating the Web site, the suspension came after commissioners – during a closed meeting Monday night – deemed his conduct was “unbecoming to a municipal employee,” according to City Attorney Nicholas Simonson.
Valley City residents LeRoy Neubauer, Bob Drake and Lloyd Nelson unsuccessfully ran for public office and say they were victims of a smear campaign involving a mock Web site. David Samson / The Forum
Johnson wouldn’t comment Tuesday on his suspension.
His suspension runs from Feb. 1 to Feb. 14.
Drake, Lloyd Nelson and LeRoy Neubauer claim Mayor Mary Lee Nielson and City Commissioner Jon Wager were also involved with the Web site. Wager denied the accusation Tuesday.
“I think there’s an element of sour grapes there,” he said, adding that the bad blood stems from a property value reassessment from 2004.
Simonson said an internal investigation concluded the site was not operated on during city work time or created using city resources.
The investigation also found the mayor was not involved with the site’s creation or maintenance, he said.
Nielson did not return a call seeking comment Tuesday.
Neubauer called Johnson‘s punishment a “slap on the wrist.” He thinks Johnson should have been fired.
Nelson agreed, saying the experience will keep him from running for office again and that the punishment will just make Johnson “think he can do a lot more.”
“It’s terribly disturbing that a city official would stoop to that level, down in the slime, to degrade someone,” he said.
Wager, who was among the four of five commissioners who voted to suspend Johnson, said he believes the punishment correct.
“Anything less than that may not have sent the appropriate message and anything more than that would have put the city in a tough spot,” he said.
Commissioner Steve Ondracek, who Wager said voted against the suspension, did not return a call seeking comment Tuesday.
Drake gave the Valley City Police Department a statement Tuesday morning asking for a criminal investigation into potential election fraud, saying the Web site was intended to “corrupt the election practices” in the city, according to his attorney, Russ Myhre.
As of Tuesday, no charges had been filed.
Readers can reach Forum reporter
Brittany Lawonn at (701) 241-5541
| Monday, 22 January 2007 |
By Angie Love, Publisher
Valley City Times-Record
City commissioners have called an additional January commission meeting with two items on the agenda. The meeting will be held Monday, Jan. 22 (tonight), at 4 p.m., in the Commission Chambers at City Hall.
The first item scheduled is discussion on the jail funding issue and will be open to the public.
At the executive (closed) session, commissioners will discuss pending litigation issued by Robert Drake at the Jan. 16 City Commission meeting. The parameters of the closed meeting are defined under ND Century Code.
In a telephone conversation today, City Attorney Nick Simonson acknowledged the internal investigation is completed and the results will be presented at this afternoon's City Commission meeting. The city commissioners will make the decision on if and when the findings will be made public.
Simonson said Drake has not filed a lawsuit, but has made publicly threatened to do so. Simonson said, "The city still awaits any legal action."
As reported earlier, Drake has retained Attorney Russell J. Myhre regarding a potential civil lawsuit in connection with the phony website posted before the June 2006 municipal election.
According to Myhre, "Other candidates for the city commission who were named in the phony website have been in contact with (my) office regarding this pending lawsuit. Numerous other CCI members and sympathizers have also been in contact with the office. However, at this time, Myhre Law Office only represents Mr. Drake."
Drake and Myhre are awaiting the results of the city's internal investigation report currently being prepared by the city attorney's office. This report will be submitted to the city commission at the closed executive meeting on Monday afternoon.
In an e-mail received by Times-Record Publisher Angie Love, Myhre wrote, "When we have received the report from the internal investigation, my client and I will determine in what specific direction we will be going. The considerations include whether to file a lawsuit and against whom the legal action will be directed. We have some very serious allegations to deal with, as well as other legal issues to examine, including what, if any, involvement elected and appointed city officials had in the creation, publication, and dissemination of this phony website. What, if any, actions will be taken by the city commission will also affect the future direction of this matter.
"For example, it is unclear at this time whether we would be pursuing this matter in state or in federal courts because we have diversity of citizenship issues, in that the website's main offices are in California. This phony website received very wide publication, or dissemination, both within Barnes County and beyond its borders.
"We also have the very serious matter of racial bias or prejudice to deal with, in that the phony website very clearly made untrue allegations against various candidates, including Mr. Drake, implying that they were 'white supremacists,' which could possibly position this case in federal courts.
"There are also other legal issues to discuss, in that the phony website clearly violated state law under the 'Corrupt Practices Act' in at least two regards. Namely, the phony website presented as 'fact' several untrue, deceptive, or misleading statements about candidates who were either members of the Committee on Community Involvement (CCI), were loosely affiliated with, or sympathized with some of that groups' political views. Also, the creator of the web site failed to comply with state law by remaining anonymous. State law requires that political advertisements contain the name of the sponsor. [See Sections 16.1-10-04 and 16.1-10-04.1 of the North Dakota Century Code.]
"We also do not know whether city time or city facilities were used to create, publish, or disseminate this phony website. While we hope that the internal investigation will provide this information, we intend to conduct our own independent investigation." |
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