Story originally printed in the Winona Daily News or online at www.winonadailynews.com

Published - Friday, January 11, 2008

Just who is policing Lewiston?

By Kevin Behr | Winona Daily News

A closed, emergency meeting between the city council, city administrator and the mayor of Lewiston on Thursday afternoon answered the question: Who will police Lewiston after its police chief was fired?

The answer — one full-time officer and two part-timers.

A day after the Lewiston City Council voted unanimously to fire police chief Mark Dungy, council member Jack Kanz said the city will have the same law enforcement coverage as it did before Wednesday night’s contentious meeting.

The only remaining full-time officer is Robbie Floerke, but he’s received a job offer from the St. Charles Police Department, pending a background check. He said he has not tendered a resignation but said he would take the St. Charles job.

Besides the three officers, the Winona County Sheriff’s Department will assist “as needed,” Kanz said. Sheriff Dave Brand said he didn’t have enough manpower to simply put a deputy in Lewiston but would assist in anything “major,” such as felonies or car accidents.

Trevor Oliver, Dungy’s attorney, said Dungy was not given his due process when the council voted to fire him.

“It’s clearly wrong,” he said. “There’s clear constitutional law on that. I don’t know why (City Attorney Wyane Schauble) let it happen.”

Schauble did not return a phone call seeking comment.

Kanz maintained that Dungy is only suspended without pay at this point. He said Dungy is eligible for a “pre-termination hearing,” if he asks for it, and the dismissal would take effect Jan. 16.

At that hearing, according to state law and Lewiston’s employment manual, Dungy would have an opportunity to see the evidence to fire him and state his side of the story. When asked if Dungy could maintain employment after that hearing, Kanz said, “There’s always a chance.”

The council decided to fire Dungy for alleged infractions that occurred between Aug. 22 and Nov. 14, 2007. The last straw was a “subordination” in which Dungy attended a training session in St. Charles without properly notifying the council of that training, Kanz said.

City Administrator Barb Hampel said the city got a letter from Floerke on Jan. 3 to request training for himself and Dungy to be done Jan. 9. She said that wasn’t enough time to hold a special meeting to discuss and approve the training.

At Wednesday’s regular council meeting, Mayor Lee Rain said since Dungy attended, he was found to be in “direct violation of a council decision.” Rain then made the motion to dismiss Dungy.

The motion carried unanimously. Dungy is currently suspended without pay and was ordered to turn in his keys and leave his squad car at city hall Wednesday night as part of that suspension, Kanz said.

Floerke attended the training, too, but he wasn’t reprimanded.

“I went to the same training,” he said. “Why aren’t I being fired?”

Contact Kevin Behr at (507) 453-3524 or at kbehr@winonadailynews.com. Reporter Amber Dulek contributed to this report.