Professional Documents
Culture Documents
RE
To:
From:
4204V NG 1
Honorable Mayor and City Council Members Kay Kuhlmann, Council Administrator
9. F. 1
Meeting Date:
Action Requested Mayor Egan is asked to provide information on his Executive Director position for the MN Independent Sand Council. Council is asked to hear public comment from citizens on the matter.
Council is asked to consider a motion to make the City Attorney letter public. Council is asked to provide
City of Red Wing City Council and City Advisory Boards and Commissions Code of Conduct; and Chapter 2 of the Red Wing City Charter Copies of e -mails to Council Administrator Kuhlmann and Council President Bayley List of phone calls received by Council Administrator Kuhlmann
Background Mayor Egan has accepted the position of Executive Director for the Minnesota
Independent Sand Council. Council President Bayley and other Council members have inquired as to the
possible conflict between the Mayor' s Executive Director Position and his position as mayor.
In addition, several written and radio media have covered the issue questioning the compatibility of the two roles. Council members and city staff have received a number of a -mails and phone calls from local and regional citizens expressing concern. Several individuals have indicated an interest in speaking to the issue at the February 11 City Council meeting. Discussion - Council President Bayley has requested Mayor Egan explain the Executive Director
position and share background information on the Minnesota Independent Sand Council. Mayor Egan
will also be asked to address the conflict concern by Council members and residents.
Several citizens have indicated an interest in addressing the Council on Monday night. Council President Bayley agrees with this and will take testimony from those who sign up to speak prior to the meeting.
Comments are limited to three minutes per person.
Following public comment, the Council will have an opportunity to discuss information shared by the Mayor and the public and to hear from City Attorney Squires. Council can make the confidential memo from Attorney Squires public with a majority vote of the Council.
Recommendation
The Code of Conduct and the Charter identify processes for addressing issues of conflict. Staff
recommends Council determine a process and timeframe to resolve the issue. Agenda Item 9F1
City of Red Wing City Council and City Advisory Boards and Commissions
Code of Conduct
Purpose
The mayor and city council of the City of Red Wing determines that a code of conduct for its members, as well as the members of the various advisory boards and commissions of
the City of Red Wing, is essential for the public affairs of the city. By eliminating conflicts
of interest and providing standards for conduct in city matters, the city council hopes to promote the faith and confidence of the citizens of Red Wing in their government and to encourage its citizens to serve on its council and boards and commissions.
Standards of Conduct
b. Participate in a matter that is before the city council or relevant board that affects
the person' s financial interests or those of a business with which the person is
associated, unless the effect on the person or business is no greater than on other
members of the same business classification, profession, or occupation. c. Use the person's public position to secure special privileges or exemptions for the
person or for others.
receive any gift of substance, whether in the form of money, services, loan, travel, entertainment, hospitality, promise, or any other form, under circumstances in which it could be reasonably expected to influence the person, the person's
performance of official action, or be intended as a reward for the person' s official
action.
g. Disclose to the public, or use for the person' s or another person' s personal gain, information that was gained by reason of the person' s public position if the
information was not public data or was discussed at a closed session of the city
council or committee.
the city's legal counsel that is protected by the attorney client privilege unless a
majority of the city council has authorized the disclosure.
Except as prohibited by the provisions of Minnesota Statute Section 471. 87, there is no violation of item b. of this section for a matter that comes before the council, board, or
commission, if the member of the council, board, or commission publicly discloses the circumstances that would violate these standards and refrains from participating in the discussion and vote on the matter. Nothing herein shall be construed to prohibit a
City of Red Wing City Council & City Boards /Commissions Code of Conduct Approved February 14, 2011
Page 1
contract with an elected official under the circumstances described under Minnesota
Complaint, Hearing Any person may file a written complaint with the city clerk alleging a violation of the
aforementioned standards of conduct. The complaint must contain supporting facts for
the allegation. The city council may hold a hearing after receiving the written complaint or upon the council's own volition. A hearing must be held only if the city council determines 1) upon advice of the city attorney, designee, or other attorney appointed by the council,
that the factual allegations state a sufficient claim of a violation of these standards or rise
to the level of a legally -recognized conflict of interest, and ( 2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay. The city council' s determination' must be made within 30 days of the filing of the allegation with the city
clerk. If the council determines that there is an adequate justification for holding a
hearing must be held within 30 days of the city council' s determination. At the person accused must have the opportunity to be heard. If after the council finds that a violation of a standard has occurred or does exist, the censure the person, refer the matter for criminal prosecution, request an
City of Red Wing City Council & City Boards /Commissions Code of Conduct Approved February 14, 2011
Page 2
provided any member serving their third term at the time of this Charter provision taking effect, may
serve out the remainder of his/ her term. These term limitations shall include but not be limited to the
Notwithstanding any provision to the contrary, the Mayor shall, subject to confirmation by the Council, appoint a Library Board consisting of nine members to manage, supervise, and control the City's Public Library, its building and other facilities, and such other related functions as may be authorized by law or ordinance.
General provisions of this Charter and City Code shall govern member appointments, removal from
office for cause, terms, and any limitations thereon. Members of the Library Board must be residents
of the City provided, however, one member may be a non -City resident of Goodhue County, if the
County financially contributes to the Library. The Library Board shall elect its own officers and adopt rules of procedure consistent with law and the provisions of this Charter and City Code governing
boards and commissions.
The Library Board shall govern the operations of the Library, adopt policies therefore, and have final
authority in material selection and programming. The Library Board shall annually present its budget request and Capital Improvement Plan to the City in accordance with the procedures of the City. Once the budget is approved by the Council it shall not be later reduced by the Council without the consent
of the Library Board. The Library Board may make line item budget changes if the City's
administrative officer approves. The City's financial officer shall be the financial officer of the Library, shall maintain Library monies in a separate fund and shall make disbursements therefrom only in accordance with the policies of the Library Board. The Library shall follow all City accounting, purchasing, and personnel policies and procedures, including pay and classification plans, as the same apply to other City departments.
All employees of the Library are employees of the City. The Library Board shall hire a director who shall be the chief administrative officer with authority to implement Library Board policy. The director shall have the authority to hire, to terminate, and to discipline other Library employees with approval
of the City' s administrative officer, and to perform such other duties and responsibilities as the Library Board may assign. The City's administrative officer shall assist the Library Board in supervising the director, and shall have supervisory authority over the director in those areas where under this section, the Library must follow City policy and procedures, and shall further report any dereliction of duty by the director to the Library Board.
All title to property of the Library shall vest in and be held in the name of the City, and be under the
control of the Library Board. With the consent of the Council, the Library Board may accept any gift,
grant, devise; or bequest made or offered for library purposes and carry out the conditions of such
donation. Unconditional gifts of intangible personal property may be accepted without Council
consent.
The Library shall follow all City ordinances, policies, and procedures. However, if the Library is not
expressly required to follow a City ordinance, policy, or procedure under this section, then the Library Board may by written resolution adopt its own policy or procedure. It is the intent of this section that the authority, duties, and responsibilities of the Library Board under this section and City Code shall
be interpreted broadly and in favor of the Library Board.
Section 2. 05 Removal
Every elected officer may be removed from this office by vote of two thirds of the City Council,
provided that such official shall not be removed except for cause, after having been furnished with a written statement of the reasons therefore and after being given a reasonable opportunity to be heard
Chapter 2
Form of Government
Section 2.01 Form of Government
The form of government established by this Charter is the " Mayor / ouncil Plan." C
Section 2.02 Elective Officers The elected officers shall be a Mayor and seven Council Members, all of whom shall be eligible voters
and meet all requirements provided by law. One Council Member shall be elected from each of four wards of the City, and shall be a resident thereof unless otherwise provided herein. One Council Member shall be elected from both of the two westernmost contiguous wards and shall be a resident
of one of the combined wards unless otherwise provided herein, one Council Member shall be elected
from both of the two easternmost contiguous wards and shall be a resident of one of the combined wards unless otherwise provided herein, and one Council Member shall. be elected at large. The
Mayor and Council Members, unless otherwise provided by State Law, or an orderly transition
schedule adopted as part of a Charter amendment shall be elected for a term of four years or until
their successors are elected and qualified. The Council shall be the judge, as to qualification only, of
the election of the Mayor and Council Members.
The terms of Council Members elected at the November 2000 General Election are hereby reduced to two years and shall expire the first Tuesday after the first Monday in 2003. At the November 2002
election all seven Council seats shall be elected for either two or four year terms in accordance with this transition schedule, after which all terms shall be four years in accordance with Section 2. 02. Terms of Council Members elected at the November 2002 general election to represent Ward 1 and
Ward 2 and the combined Ward 3 &4 seat, shall be two years expiring the first Tuesday after the first
Monday in 2005 with their successors elected at the November 2004 general election. Terms of
Council Members elected at the November 2002 general election to represent Ward 3, Ward 4 and
the combined Ward 1 & 2 seat, shall be four years expiring the first Tuesday after the first Monday in 2007 with their successors elected at the November 2006 general election. The terms of the Mayor and the Council Member At Large are not modified by this Section.
Section 2.03 Qualifying
Every person elected to any office shall take and subscribe to the oath provided by law.
Section 2. 04 Boards
The City Council may by ordinance establish or abolish any board or commission as it deems necessary for the operation of the City. The powers, duties, and responsibilities of such boards or commissions shall be fully set forth in said ordinance. Notwithstanding any other provision to the
contrary, all funds and accounting of any board or commission must be handled by the City' s financial
officer and shall be deemed to be public funds of the City. Notwithstanding any other provision to the contrary, the administrative officer shall be an ex- officio member of all boards and commissions without the right to vote, make motions, or be counted for purposes of determining a quorum.
The Mayor, subject to confirmation by the Council, shall appoint all board and commission members who shall be residents of the City, unless specifically provided for under the provisions of this Charter or in the case of the Airport Board where non -residents may be appointed, provided such members are less than a majority of a quorum. The Council may provide by ordinance for advisory members
who shall be members without the right to vote, make motions, or be counted for purposes of a
quorum. Advisory members need not be residents of the City. Each board shall consist of not less
than three ( 3) nor more than fifteen ( 15) members who shall each serve for a term of three ( 3) years.
No board member, or advisory member, shall serve more than two ( 2) full consecutive terms,
2
in his/ her defense. The City Council shall fix a date for a hearing on such charges not less than ten 10) days after notice to the accused officeholder and shall have authority to compel the attendance of
witnesses and to request any necessary records and papers. In the event the office holder neglects to
appear to answer the charges or the City Council finds that the charges are sustained and provide
sufficient cause for removal, it may, by two- thirds vote, declare the office vacant. Nothing contained in
this section shall preclude the Council from establishing by ordinance criteria whereby an elected
official who is absent from a prescribed number of meetings is deemed to have resigned.
Section 2. 06 Vacancies
A vacancy in the Council or office of Mayor shall be deemed to exist when any of the following events occur.
1) the failure of the candidate elected to qualify on or before the date of the second
regular meeting after the new Council's organizational meeting,
2) by reason of the death, resignation, removal from office, change of residence from
the ward or wards from which elected; or continuous absence from the ward or
wards from which elected for more than three months,
Procedure for resignations shall be as provided by State law. In the case of a vacancy, the Council shall by resolution, adopted within seven days of the vacancy, declare such vacancy to exist and shall
proceed -expeditiously as described herein, to fill the vacant seat. if a vacancy occurs in a year in
which no regular City election is scheduled, or in an election year after the election has taken place,
the vacancy shall be handled as follows:
A special election shall be held within 85 days of the resolution declaring the vacancy. The
vacant seat shall remain vacant until the replacement elected at the special election qualifies and
takes office. The elected replacement shall fill the unexpired part of the term of the person requiring replacement.
handled as follows:
1)
If a vacancy occurs in a year in which a regular City election is scheduled, the vacancy shall be
If the vacancy occurs January 1 through June 30, a special election shall be held within 85 days of the resolution declaring the vacancy. The vacant seat shall remain vacant until the
replacement elected at the special election qualifies and takes office. The elected
replacement shall fill the unexpired part of the term of the person requiring replacement.
2)
If the vacancy occurs July 1 through August 1, a special election shall be held on the date of the City General Election, unless the term of the vacant seat is scheduled to expire that year, in which case no separate special election shall be held. The vacant seat shall remain vacant
until the replacement elected at a special election qualifies and takes office. The replacement
elected at the special election shall fill the unexpired part of the term of the person requiring replacement.
3)
If the vacancy occurs after August 1, a special election shall be held within 85 days of the resolution declaring the vacancy, or 15 days after the City General Election, whichever is later. The vacant seat shall remain vacant until the replacement elected at the special election
qualifies and takes office. The elected replacement shall fill the unexpired part of the term of
the person requiring replacement. Provided, however, that no special election is required if
the term of the vacant seat is scheduled to expire that year.
Section 2. 07 Mayor
The Mayor shall be the titular head of the City. The Mayor may address the Council on any matters of
interest. The Mayor shall exercise all powers and perform all duties conferred and imposed upon the
Mayor by this Charter, the ordinances of the City, and the laws of the State. The Mayor shall be
recognized as the official head of the City for all .ceremonial purposes, by the courts for the purpose of
serving civil processes, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the City, and make recommendations as he /she believes to be desirable. The Mayor
shall review concerns on City activities raised by citizens and make recommendations as he / he s
believes desirable as to any corrective action( s) necessary. The Mayor shall also report to the Council any neglect, dereliction of duty or waste on the part of any officer or department of the City. The
Mayor shall consult with the administrative officer and chief law enforcement official on policy matters
In the event of a vacancy in the office of the Mayor or the Mayor's inability from illness, absence from the City, or other cause to perform the duties of the Mayor's office, the President of the Council, or if
the Council President is also absent or incapacitated, the Vice President of the Council, and in the
event of his/ her absence or incapacity such other member of the City Council as it may designate,
shall exercise the powers and perform the duties of the Mayor ,except the Acting Mayor shall have no
power to veto, during such absence or disability. While so acting the Mayor shall be styled " Acting
Mayor," and his/ her acts in that capacity shall have the same force and effect as if performed by the
Mayor.
The Council or any officer or officers authorized by the Council shall have the power to make investigations into the City's affairs, administer oaths and compel the production of books and papers.
The Council shall provide for an audit of the City's accounts at least once a year by the State Auditor
or by a certified public accountant. The Council may at any time provide for an examination or audit of
the accounts of any officer or department of the City government, and it may cause to be made any
surveyor research study of any subject of municipal concern.
Page 1 of 1
Dear Lisa,
I just want to add my voice to thoc already protesting Mayor Egan' s work as a lobbyist for the frac sand industry.
His position as an elected public official is in conflict with his work as a lobbyist. I do not see how he
can stand up for Red Wing while working for something that could potentially ruin not only our scenic
town but the health of its people.
Bringing this to the attention of the City Attorney, or higher, is the best course of action. Thank you for the work you do for Red R' Ing.
Sincerely
Denise M. Alt
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2/ 6/ 2013
Page 4 of 2
To:
Sebion, Jason; Bayley, Lisa; Hove, Dean; Schultz, Michael; Rehder, Peggy; Rauterkus, Ralph; Meinke, Marilyn
Even at a conservative news outlet ( Fox9 news), the opinion is over 2 to 1 that the Mayor' s new position is a conflict of interest. I believe the mayor should disclose ALL the companies that are a part of the
Minnesota Industrial Sand Council ". I would be surprised if they are all simply " minnesota family - un r
businesses" that are a part of this group.
My opinion is that die mayor should resign if he wants to continue with his new position. Red Wing' s
governing integrity is compromised irreparably if he does not.
Thank you, Lydia Anderson
https: / mail.ei.red- wing. mn. us /owa/' ? Item& t = / ae IPM.Note &id= RgAAAAAV u2bO u2bf3... / /
2/ 7/ 2043
Page 2 of 2
Do you think there is a conflict of interest in Red Wing Mayor Dennis Egan taking a job as a lobbyist
for free sand mining?
Thank you for participating in our pall. Mere are the results so far.
Like
tra
RED WING, Minn, (AP) - The nrayuret Red b'* ing ^ as bsen hired to pfomoo the a d Industry as the debate rortinues In wuthsasy rn h4innesota over
sand rtltning.
Mayen derma span stays he sees no ounfitt of Intaiasl l In his rpw aj;> OT as
examfive dinemar of the Minnesota lndusi al Send Ceurivil.
The region Plea experienced a bcom In sill m mining, Aid) au ; plies ha oil and gas Industry with a vital ingredient fora drilling teohnique kn v n as hydraulic fracturing.
Small ooatnMnldes are, trying to baiariml entirrinm ntal concerns with scoriontic oppaitiumil es the sand minlnq hiduatry ufirers, Eprari sags the ;Sand Council is Interested in pramaitng the best pracdces for mining, prma-sil,. g and n
transpoeation,
Capyr1ot 2013 to Assodatftd Press, AV T Fight W reed. Tills fflatiefair", y nair be gaubU shed, bmadcast rawdlen
or redlawbuttoi.
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2/ 7/ 2013
Page 1 of 1
Mayor Egan._
Date:
Lisa,
My concern is if Mayor Egan' s lobbying contract is anyway tied to the Mayor's current employment status, even in an indirect way.
It wouldn't be uncommon that there would be a cancellation clause in the event his current status ( employment, residence, other customers)
relationship. This would answer a lot of questions. Thanks. You are doing a great job.
Jolla
John P. Becker
www.RedWingFrainiiig.com
www,Red W irtgDigital.com
2/ 6/ 2013
Swanson, Teri
From: Sent: To: Subject:
To: sebion3@gmail. com; Bayley, Lisa; Hove, Dean; Schultz, Michael; Rehder, Peggy; Rauterkus, Ralph; Meinke, Marilyn
Subject: Mayor Egan
The matter of frac sand mining is too important for me not to write. I think it will ruin our environment and risk the health of
our communities residents in southeastern Minnesota. The idea that a mayor hired to protect his constituents taking a
position to lobby for an industry with so much controversy, shows he has higher expectations in life than to honor his
vow to be mayor. I think he should be removed.
Sincerely,
Brenda Coleman
Lake City, MN
Page 1 of 1
Subject:
Conflict of interst
From: To:
Date:
Dear Council President Bayley, I read with great dismay today' s Star -Trib article about Mayor Egan' s new position as a sand frac
lobbyist. It is such a conflict of interest. He cannot serve two masters, especially in light of all the
controversy surrounding this issue and the decisions that are yet to be made. There must be a level playing field and his new postion tilts it towards sand fracing. ( I personally believe that there can be a
compromise that protects the enviornment.)
Our mayor is suppose to be the " face" of Red Wing and our front man on what is best for us. There is no way that this is possible holding both positions.
Does the council have the power, besides the power of persuasion, to have a vote of "no confidence" or
censure? Is someone checking into whether this is even legal? Would a citizens petition help? Does Red Wing have a process for recall?
I have also emailed my Councilman Rauterkus about this issue, but wanted you, as Council President, to also be aware of the feeling of outrage that exists among many residents, regardless of ward boundaries.
Sincerely,
Marlene de Boef
523 East Avenue, # 305
651212- 6254
2/ 6/ 2013
Page 1 of 1
As a resident of Red Wing I am very concerned about Dennis Egan lobbying on behalf of
sand mining interests at the state Capitol, as the executive director of the Minnesota
Industrial Sand Council.
This is clearly a conflict of interest to his position as Mayor of Red Wing considering we
currently have local frac sand mining controversy.
Mr. Egan should be urged to make a choice between these two positions. A resignation from one is clearly in order.
I expect our council to do what it is in all fairness and the best interest of our Red Wing
community.
Sincerely,
LaVergne S. Dickerson
651- 301 -0261
https: //inail.ci.red -wing.mn.us /owa/ ? Item &t ae IPM.Note &id= RgAAAAAV u2b0 %2bf3... /
2/ 7/ 2013
Page 1 of 1
To:
Bayley, Lisa
Lisa,
My name is Dustin Dorsey. I grew up in Red Wing, and like many others of the area, have great reverence for its natural beauty. it is true 1 have great concern over mining for sand, being a method that needs more research and regulation before responsible implementation. I commend the city council for
putting a moratoriwn in place to allow time for responsible decisions. The current moratorium is
something that is recognized as truly great by those 1 speak to from the area.
I will not address all of my tracking concerns in this email, but will address one: " the mayor's second
job." Although the mayor may disagree, I do see a conflict between frac sand lobbyist and mayor of a
town where it is known that frac sand mining is sought to be done. To say it is disappointing is an
understatement. To say it is a conflict is certain. To say it is risky for the area's bluffs, even if the mayor honestly believes there is no conflict, also seems certain. If the mayor fails to see a conflict, as he
publicly portrays, I would begin to question his judgment. What seems more likely is that there is a conflict, which the mayor knows very well, and is perhaps hoping a stink is not raised.
I am writing to voice a strong concern over the mayor' s conflict of interest. I do not think it is too strong
a measure to call for the mayor to step down from his position as mayor of Red Wing. To put it in less words - the mayor needs to be " fired." I think Red Wing needs to take this situation seriously in light of the fact that important decisions could be made quickly with regards to mining legislation this session. There is no need to put up with possible schemes from a new mayor who is showing utter disregard for
the people.
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2/ 7/ 2013
Page 1 of 1
sebion3@gmail. com; Bayley, Lisa; Hove, Dean; Schultz, Michael; Rehder, Peggy; Rauterkus,
Ralph; Meinke, Marilyn
Having just returned from Arizona where I was tending to my 90+ year old parents, I was very distressed by this news of a public official being employed by a private lobbying group. Doing the right thing can never be colored by an
outside paycheck. The reason people are distrustful of government is that
there never seems to be enough pictures of money changing hands. The fact
that a paycheck stub is involved here is probably the worst example of having strings attached. Good judgement about public policy, which is what good
government is supposed to be about, should never have outside fmancial
strings attached. In fact, any strings attached, almost always leads to puppet
governments."
2/ 8/ 2013
Mayor
Page t of 1
Mayor
Cc:
We are writing out of major concern regarding the clear conflict of interest which has arisen in regards to Mayor Dennis Egan' s new leadership position in the frac mining industry. We
STRONGLY believe that no individual could serve either party in their best interests. Mr. Egan needs to make a choice - Red Wing Mayor or Sanding Council.
Mary Foley i Sr. Travel Consultant I Carrousel Travel American ExprLss 6625 Lyndale Avenue South, Suite 104, Minneapolis, MN 55423 1651- 388 -73361 marvf(@,carrouseltravel. com
https: / mail.ci. red -wing.mn.us /owa / ?eItem& t = / a IPM.Note &id= RgAAAAAV n2bO u2bf3... / /
2/ 6/ 2013
Page 1 of 1
To:
Bayley, Lisa
I was just sent a link to the recent Star Tribune article on our mayor accepting a position with a frac sand lobbying firm. I very much appreciate you giving comment on this situation as I was frankly very
disturbed.
I am writing you this note to add my voice to the others you have heard in saying I believe this is a definite conflict of interest and ask that you and the rest of our council treat it very seriously.
Respectfully,
Patricia Ford
https: / mail.ei. red- wing.mn.us /owa / ?e= Item &t = / a IPM.Note &id= RgAAAAAV % 2bO %2bf3...
2/ 7/ 2013
Page 1 of I
Cc:
The city council of Red Wing may think that the hiring of your mayor Dennis Egan, by the Minnesota Industrial Sand Council, is only a problem for the citizens of Red Wing, but his blatant conflict of interest in representing his constituents vs the industry sends ripples down the river to our community
in Wabasha. As state legislators are lobbied by your professional frac sand mining proponent, their decisions based on his misinformation of the voters of Red Wings approval of the industry, will most
definitely impact our lives in Wabasha and for all of S. E. Minnesota. Red Wing' s reputation is at stake.
After a disclosure of possible conflicts, our own city council representatives have recused themselves
from heading up coalitions, lobbying, and even voting on frac sand mining issues if they have received
monetary ties to the industry or have headed coalitions in opposition of the industry, so that citizens of Wabasha can determine the impact to their community. The city council of Red Wing needs to call for the resignation of Dennis Egan , who claims himself a resident of Eagan MN, from the post of Mayor of Red Wing MN if he does not recuse himself from voting on issues of frac sand mining. If Dennis Egan resigns his position from Minnesota Industrial Sand
Council and discontinues his state lobbying, then he may be able to represent the citizens of Red Wing
with clear conscience , even though he does not care to live among them.
MaryBeth Garrigan
Citizen of Wabasha Mn
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2/ 6/ 2013
Page 1 of 1
sebion3@gmail.com; Bayley, Lisa; Hove, Dean; Schultz, Michael; Rehder, Peggy; Rauterkus,
Ralph; Meinke, Marilyn
To:
With all due respect, a public servant who takes a second job -working for a controversial . industry, no less -and sees no conflict of interest is not up to the sacred responsibility of putting the interests of his constituents first.
Sincerely,
Jan
Greenfield
https: / mail.ci. red -wing.mn.us /owa/ ? Item &t / ae= IPM.Note &id = R...
2/ 8/ 2013
OUTRAGEOUS!
Page 1 of 1
OUTRAGEOUS!
jan. greenfield @mac. com
Sent: Thursday, February 07, 2013 9: 45 AM To: Bayley, Lisa Cc: Egan, Dennis; Kuhlmann, Kay; sebion3 @gmail. com; Hove, Dean; Schultz, Michael; Rauterkus, Ralph; Meinke, Marilyn; Rehder, Peggy
Dear Councilmember Bailey, You' re right -The mayor doesn' t this '_s clearly a conflict of interest. acknowledge the meaning of the term; if you' re an elec=ed, responsible
Jan
Greenfield
https: / mail.ci. red -wing. mn . s /owa / ae= Item &t =IPM.Note &idRgAAAAAV % / u ? 2b0 % 2bt'3...
2/ 7/ 2013
Kuhlmann, Kay
From: Sent:
To:
Bayley, Lisa
Subject:
From: John Guerber Uohnguerber @charter.netj Sent: Thursday, February 07, 2013 5: 11 PM To: Bayley, Lisa
Subject: Mayor Egan
A man can serve but one master. The mayor needs to decide which consistency he wants to represent. The sand issue will continue to be one of the most important for the city for an extended period of time.
The mayor allegedly said he would rescue himself from such discussions. He was elected to Lead, not to rescue himself.
He must decide or face recall.
Sincerely,
John & Sue Guerber
No Fracking W
Page 1 of 1
No Fracking W
DALE HANSON [ uknowdale @gmail. com]
Sent: Wednesday, February 06, 2013 9: 29 PM Yo: Bayley, Lisa
Hi Lisa,
With all due respect I implore you to suspend with pay Dennis Egan until issues like conflict of interest
have been legally addressed regarding his additional employment. By suspending him iwth pay you will
avoid the legal backlash of wrongful discharge and related issues. Appoint an interum mayor and
proceed with business as usual while the legal interests are addressed outside the paramters of the city council. Buy yourself some time and lean on the state legistlature to resolve some of the impending
issues on track sand mining.
Sincerely,
Dale H. Hanson
https: / mail.ci.red -wing.mn.us/ owa/ ? ltem &t / ae= IPM.Note &id= RgAAAAAV % 2bO /` 2bf3...
2/ 7/ 2013
Kuhlmann, Kay
Subject:
FW: Committee to " RECALL" Mayor Dennis Egan ( Red Wing, MN)
To: Bayley, Lisa; Sebion, Jason; Hove, Dean; Schutz, Michael; Rehder, Peggy; Rauterkus, Ralph; Meinke, Marilyn
Subject: Committee to 'RECALL" Mayor Dennis Egan ( Red Wing, MN)
Dear Friends,
This is an invitation for you to join a committee to recall Mayor Dennis Egan (Red Wing, MN). As you may know Mayor Egan has taken on a new postion as the executive director of a lobbying group which supports
sand mine fracking in Minnesota. Even if I supported sand mine tracking in Minnesota (which I DO NOT), the
mere appearance of conflict of interest and many other potential improprieties is enough to motivate me to
attempt to recall Mayor Egan. In my humble opinion his behavior is an embarrassment to the City of Red
Wing, and a deliberate afront to the democratic process.
I have studied the city charter and based on that information my current goal is to develop a recall committee which only requires the signatures of five registered voters who are residents of Red Wing). I will then break
the committee into three parts ( 1) twelve steering committee members who will draft and sign and submit the
necessary papaerwork and petition to begin the recall process, ( 2) at least 100 or more sub -committeee members
who are registered voters and residents of red Wing who are each dedicated to collecting 25 or more valid petition signatures, ( 3) additional volunteers who are not registered voters and/ or residents of Red Wing who
are willing to collect 25 or more valid recall petitions. This recall effort begins now and will continue until
We will need at least 1900 valid recall petitionswhich is approximately 20% of Red wing registered voters. I believe we will have no difficulty exceeding that number in this instance. If you are interested in being a
committee member please do the following to help move this process forward in a very rapid fashion and send a
very clear and stron message to our City Council:
1) Send me an e -mai at uknowdale@gmail. com with the word RECALL in the subject line.
2) Copy and paste the following e-mail addresses ( ofthe City Council) into the CC: section of your e -mail: Lisa Prichard Bayley" <lisa. baylev@ci. red- wina.mn. us >, "
Jason Sebion" < isebion3(asmail.com >, "Dean
Hove"
deanhove@cha rter. net>, " Michael Schultz" < michael .v. schultzi
Kuhlmann, Kay
From: Sent: To: Cc:
Lavergne Manuel; Nancy Harris; Red Wing Chamber, Kuhlmann, Kay; The LeaguE -Voice
Newsletter; Kathleen M. Bibus
Subject:
Hi Anne,
I hope you' ll give prominent coverage to the attached article. I' ve always thought, perhaps naively, that our local mayors, even when I disagreed with their policies, were basically honest. Corruption from a Red Wing mayor is something
new.
Regards,
David Harris
Original Message - - --
To: Ann Seymour ; Arlene Roth ; Barb Ekstrand ; Berdell Eastlund ; Clare Larkin ; Colleen Clark; David Harris ; Diane
Nordaaard ; Dorothy Holmes; Heidi Jones ; Jane Donkeys ; Joan Odell; Kathleen Bibus; Kim Baldwin; Linda Thielbar ;
Lisa Bayley; Lois Bumes ; Marge Vogel; Marm Nihart ; Nancy Harris ; Nancy Mason- Johnson; Pat Tieskoetter ; Rosie Geer ; Sarah Singer ; Sharon Marty; Susan Betcher ; Suzanne Blue Sent: Tuesday, February 05, 2013 9: 43 AM
Kathleen Bibus
Kuhlmann, Kay
From: Sent: To: Subject:
Bayley, Lisa
The City Council should do whatever needs to be done to end the current situation in which the mayor is directing an
advocacy group on a controversial (to say the least) issue that will profoundly affect the City' s future. A man cannot
serve two masters whose interests and objectives are so diametrically opposed. Even if the mayor promises to recuse
himself from any votes or discussions on the issue, his position power will exert a strong undue influence; besides which,
the question will always be there: can we trust him?
Winston Kaehler
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Bayley, Lisa
Lisa,
Dear
I have some concerns regarding the Mayor' s new employment i.n the closed sessions under Minn. Stat. context of Open Meeting Law -
13D.
If a mayor,
communications, is part of a closed session where the City Attorney is I giving legal advice, is the attorney /client privilege waived? understand that, for example, a city clerk being in attendance at a
closed session would likely not result in a waiver, as he / she is an agent of the City Council. However, trying to establish the mayor as an agent of the city council. .might be challenging.
discussed in closed session? Would the city be able to overcome the waiver issue on attorney /client privilege?
By raising this issue I don' t mean to suggest in any way that a mayor
would voluntarily reveal what would otherwise be deemed privileged
communications.
issue before
the
in other contexts,
issue
employment,
abstract.
that involves frac sand, as well as not be allowed to see any privileged communications from the city attorney regarding such issues? Essentially, the City having to build a firewall around the
mayor on one of the most contentious issues the city and the area faces. Even if the city could somehow ensure that the attorney /client
privilege issues. applies to the mayor, there always will remain perception
address
questions
of
conflict
of interest.
Laugen
https: / mail.ei.red / wing.mn.us /owa/ ? Rein &t=IPM.Note &id = ae= R... 2/ 8/ 2413
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To:
Attachments: Frac Sand Mining in WI - R - l.pdf ( 144 KB) ; UPDATED _7- 6- 12_- _ Frac_ Sand l.pdf ( 232 KB) ; Does Frac Sand Mining
Rusl.docx ( 272 KB) ; Lung Disease - Silicosis. docx ( 31 KB) ; Frac articles - Star Trib- l.docx ( 62 KB)
February 6, 2013
Ms. Lisa Bayley City Council President
315 West 4th Street
I understand your mayor, Dennis Egan, has aligned himself with the frac sand industry. As a result, his objectivity on this issue has been compromised. Hopefully you and other committee
members can maintain balance. I realize this may be difficult as the temptation to sell out or
cave in to heavily financed industry pressure can be extraordinary. The long term impact of relinquishing control and policy making decisions to special interest
groups could negatively impact your community as a whole. I suspect some of your
counterparts in Wisconsin can offer you with some lessons learned advice ( off the record).
I will also be mailing you a DVD relating to hydraulic fracturing that you may find thought
provoking.
Best Regards,
https:/ /mail. ei.red- wing. mn. us /owa / ?e= ltem &t= IPM . ote &id = a N RgAA AAAV % 2bO %2bf3...
2/ 6/ 2013
Mayor Egan
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Mayor Egan
I have already called Kay Kuhlman and registered a complaint about Dennis Egan' s
egregious conflict of interest by registering as a lobbyist to promote frau mining. I am also writing to you because I know the city council is meeting next Monday. I
competently after inserting himself into the middle of this contested issue. I sincerely hope the city council will respond to either remove him from office or require him to abandon these lobbying activities and return to the business of
representing all of Red Wing. I wish you and other council members well in addressing this turn of events. Jane Lorentzen
2/ 8/ 2013
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Bayley, Lisa; Hove, Dean; Schultz, Michael; Rehder, Peggy; Ralph Rauterkus [ Ralph. Rauterkus@charter. net]; Meinke, Marilyn
I know you are all getting an influx of letters and emails regarding Mayor Egan' s Lobbying appointment. I would
like to add my name to the list of those who see his appointment as an unethical conflict of interest. Though he is considered a weak Mayor, he is the face of Red Wing and wields much power and connection in the business community and the county. His 20/ 20 forum on frac sand mining is an example of how he can use his position to shift a mindset. At that forum he disallowed questions from a curious and informed audience by shutting down the meeting. It wasn' t a forum, it was propaganda and now I have a clearer understanding of why he raised the
issue post ordinance. There are landowners from the county who attended. These forums are not limited to Red
Wing residents yet the forum was conducted in Red Wing' s name. I would like to see him relieved of his position. Recusing himself from voting does not mean he is recusing himself from the promotion of this industry
in every other aspect of his daily and Mayoral life.
Regards, Michelle Meyer
https: / mail.ci. red -wing. mn. us/ owa/? ae= ltejn &t=IPM.Note &id= RgAAAAAV % / 2bO %2bf3...
2/ 7/ 2013
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Lisa
I have been to many of the frac sand mining meetings so I have seen you in action. I want you to know that I am deeply disappointed in the RW Mayor taking a job with the frac sand lobbying group. This sends a message that Red Wing and the surrounding area welcome frac sand mining. As you well knowthat is not the case. We
have deep divisions in our community about this topic and your work in the mining committee is trying to
protect us from being over come and over whelmed by this industry. We don' t need our mayor helping THEM
we need him helping USII
Susan Nevitt
https: / mail.ei. red- wing.mn. us /owal ? Item &t = / ae= IPM. Note &id= RgAAAAAV % 2bO %2bf3...
2/ 6/ 2013
Kuhlmann, Kay
From: Sent: To: Cc: Subject:
Bayley, Lisa
Tuesday, February 05, 2013 11:49 AM
Carol A. Overland
Kuhlmann, Kay
Carol,
Your message was received and is being taken very seriously. I anticipate we' ll have some response in the near future.
Thank you for your patience,
To: Sebion, Jason; Bayley, Lisa; Hove, Dean; michael.v.schultz @charter. net; Rehder, Peggy; Rauterkus, Ralph; Meinke,
Marilyn
Cc: Egan, Dennis; Kuhlmann, Kay; Charley Shaw; Jacobson, Anne Subject: Mayoral conflict of interest, acting against City interest To the Red Wing City Council Please read " Sand storm heads toward Capitol" from Politics in Minnesota:
http: / / ol iti csi nmin nesota. com /2013/ 02/ sa nd- storm -heads -toward -ca oitol/ p
I' ve recently learned that "our" Mayor Dennis Egan ( also copied here) is Executive Director of Minnesota Industrial Sand
Council, a frac sand industry lobbying organization formed recently, and which is not yet registered with the Campaign
Finance Board. As you know, Mayor Egan had used his position as Mayor when he formed an " advisory committee to
the Mayor" regarding frac sand and then used the committee to present a frac sand forum, which I attended and found to be biased and promotional of mining. To my knowledge, Mayor Egan has not disclosed his Executive Director position
or declared income arising from it. Two points form a line, and here we have three and a very uncomfortable nexus of activities. Mayor Egan' s actions regarding frac sand are overtly in the interests of the frac sand mining industry and are
in conflict with the interests of citizens /voters of Red Wing, the City of Red Wing, and our environment. These promotional activities are not consistent with our Mayor' s duties as Mayor, particularly because Red Wing is located in the geographic and policy heart of the frac sand fracas. The article above puts the City, and you all as elected officials, on
active and constructive notice of this direct conflict.
As a voter and resident in Red Wing, I find it offensive that someone with the mantel of Mayor is advocating for frac
sand mining interests.
Egan is a lobbyist by trade, but this position promoting frac sand mining interests is a direct conflict for him as Mayor.
The City has a responsibility to act. At this time, I ask that the City address this conflict of interest, and actions against
interests of the City of Red Wing by Mayor Egan, and seek full disclosure of lobbying efforts and payments made to the
Mayor for his promotion of frac sand mining interests. The Charter authorizes " Investigation of City Affairs," and where
appropriate, " Removal" from office. See Charter,
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Ms. Bayley, regarding the recent news about Dennis Egan taking a_job for a pro -frac lobbying group, I'm totally stunned that he sees no conflict of interest here. We Red Wing residents are pretty up to date on the fracing issue and the conflicts inherent therein for our community. How can the Mayor fairly and impartially represent our community by accepting what we certainly drink is a substantial monetary
compensation from a biased third party in this important and devisive issue?
Even more disturbing is the fact that a leading city official such as the Mayor sees no problem here. Please do what is possible to make sure the Mayor doesn't promote a politically biased agenda on Red
Wing in favor of the mining companies and their affiliates.
Thank you.
Red Wing
651- 385 -8076
https: / mail. ci .red -wing.mn.us /owa/ ? Item &t=1PM.Note &id= RgAAAAAV n2bO u2bn... / ae= / /
2/ 6/ 2013
Swanson, Teri
From: Sent: To: Subject:
From: Lynne Rigg [ Iriggo2 @aol. com] Sent: Friday, February 08, 2013 8: 43 AM
To: sebion3 gmail.com; Bayley, Lisa; Hove, Dean; Schultz, Michael; Rehder, Peggy; Rauterkus, Ralph; Meinke, Marilyn
Subject: Mayor Dennis Eagan
The fact that Mayor Dennis Eagan assumes that there is no conflict of interest by serving as mayor
of Red Wing and being the Director of the Minnesota Industrial Sand Council reflects his lack of consideration for the people of Red Wing. This justifies his removal from his position as mayor of
Red Wing. For the past two years frac sand mining has been a major topic of concern in our city with hundreds of people
responding negatively to the possibility of consideration in our area. Eagan is more concerned about his own personal
Dennis Eagan
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Dennis Eagan
Jo Seton Doseton95@gmail. com]
Sent: Wednesday, February 06, 2013 7: 56 AM
To:
G'day ladies,
Just read the article in the Mpls newspaper this morning about Dennis Eagan' s lobbying job. I want to
thank you both for pointing out the serious concerns at stake here. i am stunned at the insensitivity ( dare
I say unconscionability ?)of someone who considers being a lobbyist and holding public office as
unproblematic!
Jo
I add my voice to the undoubtedly growing number who are concerned about this.
htips: / mail.ei.red- wing.mn. us /owa/ ? Item &t= IPM.Note &id= RgAAAAAV u2bO /` bf3... / ae= / 2
2/ 6/ 2013
Kuhlmann, Kay
From:
Sent: To:
Subject:
I am extremely concerned about Mayor Dennis Egan' s position as head of a new frac sand mining lobbying/trade
group. Sand mining is a divisive and important issue in our town, and I do not see how an elected official like our mayor
can work on behalf of a major industry on one side of the debate while genuinely listening to and considering the opinions
of his constituents on the other. I hope that you and others on the council will give this issue your attention, and that you
will help to find a solution that ensures that the people of Red Wing will be given honest and fair representation.
Thank you -Jacqueline West
Red Wing, MN
Mayor Egan
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Mayor Egan
I am extremely concerned about Mayor Dennis Egan' s position as head of a new frac sand mining lobbying /trade
group. Sand mining is a divisive and important issue in our town, and I do not see how an elected official like our
mayor can work on behalf of a major industry on one side of the debate while genuinely listening to and considering
the opinions of his constituents on the other. I hope that you and others on the council will give this issue your
attention, and that you will help to find a solution that ensures that the people of Red Wing will be given honest and
fair representation. Thank you --
Jacqueline West
Red Wing, MN
https: / maii. ci. red -wing. mn. uslowa/ ? Itcm &t =IPM.Note &id= RgAAAAAV % / ae= 2bO %2bf3...
2/ 6/ 2013
Kuhlmann, Kay
From:
Sent:
To: Subject:
Please ask Mayor Egan to resign immediately. He has betrayed the public trust by entering knowingly into an audaciously blatant conflict of interest regarding frac sand mining.
Ryan West
Swanson, Teri
From: Sent: To: Subject:
FW: Spam: I strongly support the immediate removal of Dennis Egan as Mayor
From: David Wimberly [ davidwimberly @eastlinl<.ca] Sent: Friday, February 08, 2013 10:05 AM
To: sebion3 @gmail. com; Bayley, Lisa; Hove, Dean; Schultz, Michael; Rehder, Peggy; Rauterkus, Ralph; Meinke, Marilyn
Subject: Spam: I strongly support the immediate removal of Dennis Egan as Mayor
Dear Councillors,
Please add my voice to those calling for the removal of Mayor Dennis Egan of Red Wing, Minnesota. It is a clear conflict of interest for him to say he' s going to work for the frc sand frac sand mining industry, as Executive Director of the Minnesota Industrial Sand Council, while also intending to remain as mayor.
Under Red Wing' s Charter, the Council has the power to remove the mayor. I strongly support the immediate removal of Dennis Egan as Mayor and from any other position of influence in Red
Wing.
At this point, even should Dennis Egan withdraw from his role as Executive Director of the Minnesota Industrial Sand
Council he should still be permanently removed. His declarations of extreme bias make him unfit for service in the face
of important decision before council.