Click here to view Winona Area Weather
Home > News > Story
 Advertisement 

SECTION SPONSORS


Published - Saturday, January 26, 2008
POST COMMENT | READ COMMENTS (31 comment(s))

Lawsuit filed in Lewiston firing: Officials face litigation over police chief termination

.
LEWISTON, Minn. — Former Lewiston Police Chief Mark Dungy got his pre-termination hearing Friday, two weeks after he was dismissed at a city council meeting.

Dungy told the council at Friday’s hearing they did not have “just cause” for termination. The council maintained Dungy violated a council directive by attending a training seminar without approval on Jan. 9.
Despite a lawsuit filed in Winona County District Court last week by an attorney representing Dungy, the former police chief and Lewiston city officials agreed on one point Friday: They agreed he wasn’t officially terminated until Friday — after the hearing.

Dungy’s attorney Trevor Oliver commended Lewiston City Attorney Wayne Schauble for brokering the agreement that he said kept the city from trampling over his client’s constitutional rights. According to city policy, all employees who will be terminated are entitled to a pre-termination hearing.

Friday’s decision is another quick and confusing step in the saga of Lewiston’s police department. On Thursday, Lewiston saw its only remaining full-time officer, Robbie Floerke, resign. On Jan. 9, the city council voted to terminate Dungy, then collected his badge and keys. The council later maintained Dungy’s termination wouldn’t become official until the end of a one-week suspension, which it had given Dungy just before Mayor Lee Rain introduced the motion to fire him.

According to city officials, Dungy would technically be terminated on Jan. 16, after the suspension. A scheduled pre-termination hearing Jan. 16 was subsequently cancelled.

Attorney Trevor Oliver of Kelly & Fawcett filed a civil complaint in Winona County District Court Jan. 15 on behalf of Dungy against the city of Lewiston, city administrator Barb Hampel and Rain for intentionally violating state open meeting laws and data practices policy for the way they handled Dungy’s termination.

Dungy is seeking $50,000 in compensatory losses, $10,600 in punitive damages and attorney fees.

According to the complaint, Hampel and Rain violated state data practices and open meeting laws by discussing Dungy’s performance publicly, by withholding a job-related complaint from Dungy and by disciplining him in public without a prior hearing.

Their actions were “planned and calculated to ambush and humiliate” Dungy in a public setting, according to the complaint.

Oliver said Friday he also plans to file for an independent review of Dungy’s suspension and termination.

The council previously reprimanded Dungy twice in November.

The council’s grounds for suspending Dungy include six alleged infractions including improper behavior at two council meetings, making false accusations against other city employees, failing to notify the proper channels for police scheduling and unauthorized use of a squad car.

Messages left Friday for Hampel, Rain and Schauble were not returned.

Schauble had previously told the Daily News the mayor was supposed to give Dungy the written termination notice — not read it aloud — at the Jan. 9 meeting. Oliver said Schauble helped the city by correcting the council’s action and holding off termination until Friday.

But Oliver said “everybody knew from (Jan. 9) their decision wasn’t changing.”

He expected the lawsuit to have a “quick” resolution.

The city also owes Dungy a week’s pay, Oliver said, because technically he wasn’t suspended or fired until Friday.

If they don’t, Oliver said they’ll be facing “another neat little lawsuit.”

Contact reporter Amber Dulek at amber.dulek@lee.net or (507) 453-3513.
.
Advertisement
 Tell us what you think...

 Comments »

CT Rock wrote on Jan 29, 2008 11:49 AM:

" Bryan had to type that at 1:57 am, he must have fuming mad all day about your response and finally figured out what to reply in the middle of the night! "

Bryan wrote on Jan 29, 2008 1:57 AM:

" JJ, I think the point was who are you calling out ANYONES religious beliefs or Christianity? I do not claim to be a GOD, nor do I believe you have the right to questions anyones religous actions or beliefs! PLEASE try and stick to the subject of the article not the councils religous beliefs or religous actions. thankyou. "

JJ wrote on Jan 28, 2008 8:45 PM:

" Just responding to their actions. So Bryan, I can't use the term hypocrite, but you can? Does that make you GOD? "

Bryan wrote on Jan 28, 2008 6:18 PM:

" Anyone who thinks that they have the right to call out if they feel a person is a Christian or not is the true HYPOCRITE! Your not GOD so stop acting like you are! "

CT Rock wrote on Jan 28, 2008 10:16 AM:

" Don't listen to Kevin11 people, he is the veggie virus carrier and is trying to persuade you into his ploy to ruin the planet under his veggie fist! "

kevin11 wrote on Jan 27, 2008 4:22 PM:

" To those who have lived in lewiston your lives, it's about time for some of you to step up and run for the city council. Even you who are retired can run, it might be better as you will have more time to be dedicated to this. Someone also needs to investigate the laws of the city and its administations and even the the city atturny. I believe it would Not take long to find many illegal actions from most all including the mayor and council members. They may not know it but a lot of Laws are being broken I'm sure. Mayor you cant make up your own City meeting laws on the public. You need to go!! "

JJ wrote on Jan 27, 2008 10:47 AM:

" Ya-Rufus, a few of the c-members claim to be christian and go to church, I'm thinking 'hypocrite'. "

rufus wrote on Jan 27, 2008 8:10 AM:

" "not to give them his own interpretation or meaning" quoted from Toms blog, is this an oxymoron. This is what the council and Barb are doing NOW. Follow their own rules when it benefits them or covers up their mistakessss, too many to list. They all need to go to Church this morning and repent their sins they have cast upon Lewiston Residents. God will forgive and so will the citizens IF THEY ADMIT YOUR FAULTS!! "

Sonny wrote on Jan 27, 2008 7:35 AM:

" To Me: I agree with you. Dungy should get every penny he can out of the citizens of Lewiston for what the council did to him. It doesn't matter what Dungy did wrong, he should go for it. "

Me wrote on Jan 27, 2008 6:26 AM:

" Okay, Tom what do you know? A lot of your posts hint at a bigger picture. You last sentence leads a reader to believe you know something else. As for Sonny, you need to be taking your frustration out on the citizen's of the community for electing these folks. Concern for a community can only go so far when the community's elected officials want to screw you. "

Tom wrote on Jan 27, 2008 12:09 AM:

" Hello Louie, almost sounds like you were surprised that Dungy filed a lawsuit? I guess you really didn't know him very well now did you? It also sounds like you would write him and his lawyer the check just because they sound like they know what they are doing? If Dungy learns anything over all this, I hope he figures out that it was his job to uphold the laws, not to give them his own interpretation or meaning! "

Sonny wrote on Jan 26, 2008 10:54 PM:

" All the Dungy backers should be glad he has sued and wish he would have sued for more. That would teach the council a lesson, wouldn't it? He knows where the money has to come from. To me it doesn't look like he cares about the citizens. From what I have read, everything the council is saying about him he brought on himself. "

spike wrote on Jan 26, 2008 9:55 PM:

" FYI...More people in Lewiston signed the petition than voted in the last election...you would think that would mean something to this council, the only reason they got voted in is no one ran against them, they did not get the majority of Lewiston's voting population. I still wonder if the business people are getting sick of this yet, this all has to be hurting their businesses. "

j wrote on Jan 26, 2008 9:28 PM:

" You have to be a Lewiston resident to vote! As far as running, who wanted to run for council last election with Lee Rain as the only one up for Mayer and two of the problem councilmen's position were not up yet? This time around may be something different:) "

RWR wrote on Jan 26, 2008 9:04 PM:

" All the talk about cleaning house the next election, Where were all you know it all cry babies at when the last election was.

"

j wrote on Jan 26, 2008 8:50 PM:

" Dungy was a good officer, I'm sure someone will look at the entire situation and consider those involved and hire him without thinking twice. Wouldn't it be nice to see some cival suits to hit the personal pocket books and not the taxpayers? "

louie wrote on Jan 26, 2008 8:02 PM:

" I would like to know the amount of tax dollars spent on attorney's fees for all the legal action going on.. Two restraining orders, an attorney to defend Hampel in Holly's case, and now Dungy's lawsuit. So much for saving taxpayers money. "

Me wrote on Jan 26, 2008 7:43 PM:

" Sonny- Are you serious? This man had is name drug through the mud and his career ruined and you don't feel he is due anything. You've gotta be kiddin', right? I think Dungy is not asking for enough considering how long it will take for him to find employment. I also wonder if Lewiston is going to fight his unemployment or are they going to give it to him? "

j wrote on Jan 26, 2008 6:13 PM:

" Majority did not vote in these idiots. Since no one ran against them, they automatically win if anyone (including themselves, friends and family)voted. "

rufus wrote on Jan 26, 2008 5:26 PM:

" FYI, barbs pre-hearing for her tampering with Holly's(ambulance director) vehicle is schedule for Monday @1:30 , suppose to be open to public. That cost us $1500 for her attorney. Now did the city also pay for both Retraining orders that were filed in her name. And does she have attorney there too and are we the tax payers ponying up for that?? "

JustCannotResist wrote on Jan 26, 2008 5:01 PM:

" And here we thought Goodview's old city administrator was crooked! Well, he was, but Lewiston's administrator and council seems to have him beat!! "

Troller wrote on Jan 26, 2008 4:54 PM:

" Petition? Since when does a petition trump a vote? The majority of people in this town voted this council in, right or wrong. These problems go back to when Dennis Engrav was mayor and Richard and Bruce sat on the council then too. You can't govern by polls and petitions, you have to take it to the voters. Until Lewiston residents muster a majority, all petitions will be pretty much ignored. There's no reason to bow to a petition if the people in office believe they have the majority of the voters is there? Next election, voters can clean house (if they want) and the new leaders can ignore petitions from the losers. Just politics in America. "

louie wrote on Jan 26, 2008 4:30 PM:

" Lewiston citizens have tried to prevent this from happening...can we say Petition? Yet they were ignored and continue to be ignored. What is the only thing the city of officials will understand? Legal action. Actions do have consequences. And the city officals continue to dig even a deeper hole for Lewiston. "

Sonny wrote on Jan 26, 2008 4:20 PM:

" If Dungy is as good as everyone says, he shouldn't have any trouble finding work. If he cares so much about the City why sue them? I can see wanting the week's pay he is owed, but the rest? The money doesn't come out of the pockets of the people he has the beef with. Because he sues doesn't mean he will get anything. Unfortunately he will probably get paid off because it might be cheaper to do that than fight it in court. It looks like Dungy has an attitude problem and is bucking heads with the council, who have an attitude problem. I think the Mayor was smart to give Dungy notice in front of everyone so there were witnesses to who said what. "

louie wrote on Jan 26, 2008 3:36 PM:

" So Tom and Mury, what do you have to say now about the leadership of Lewiston? The real question is how much is the arrogance of the city officials going to cost Lewiston taxpayers? The answer...way more than it should! How can you justify the city officials actions now? "

rufus wrote on Jan 26, 2008 11:43 AM:

" I think the city is lucky that the dollar amount that Chief Dungy is asking for is so low. Could have been alot more. What are these clowns going to do next to rectify the budget through lawsuits. Aren't these fools getting any legal advice if so they aren't listening, "Schauble had previously told the Daily News the mayor was supposed to give Dungy the written termination notice — not read it aloud — at the Jan. 9 meeting." Another lawsuit in the works against LEE???? "

cewoodford wrote on Jan 26, 2008 10:01 AM:

" Had enough yet Lewiston taxpayers? Well hang on people, it's about to get better. Your elected officials, in their dubious pursuit of whatever it is they are trying to prove up there, are about to spend YOUR hard earned dollars( the same dollars they didnt have enough of to provide you with basic law enforcement) on LEGAL FEES and an eventual SETTLEMENT. If there was no $$$ left in the budget for basic law enforcement, where the hell do you think the $$$'s to pay the lawyers and the eventual settlment is coming from? Yes, you guessed it, theyre taking it from YOUR pocket, your family will have to go with less because of their blatant misuse of power. How does that make you feel Lewiston taxpayers? "

secure110 wrote on Jan 26, 2008 9:34 AM:

" All i can say is the citizens of Lewiston need to fire All of the City Council, The Mayor Lee Rain and his girl Friend the City Administrator. The only thing the council and mayor are selling the citizen of Lewiston is a lot of manure. If Lewiston is the heart of Winona County it must be coming from the recktom. this is the citizens problem and they need to act. "

old timer wrote on Jan 26, 2008 7:18 AM:

" The way it looks to me the only one smart enough to even think of keeping their position in that mess is Mr. Kanz. Send the rest of them walking, and don't wait for warmer weather either, as some times more bad seeds sprout if left to long...understand???
Good luck Mark "

Me wrote on Jan 26, 2008 6:35 AM:

" I got a kick out of this line in the story: Dungy’s attorney Trevor Oliver commended Lewiston City Attorney Wayne Schauble for brokering the agreement that he said kept the city from trampling over his client’s constitutional rights.
Unbelievable, I hope Oliver was stating this in jest. "

garth wrote on Jan 26, 2008 4:37 AM:

" just write the man a check........or continue to be really stupid, fight him and write an even bigger check in the end. I bet they'll do the latter......Barb needs to go now, take Lee with you! "


The comments above are from readers. In no way do they represent the views of the Winona Daily News.

 Post a comment (150 word limit) »

Click here to report offensive or inappropriate comments. Please identify the comment you're concerned about, the story to which the comment was attached, the date of the comment and the person who made the post. Send comments to jerome.christenson@lee.net

We reserve the right not to post reader comments containing racial, religious or personal attacks, slander, profanity, e-mail addresses, mailing addresses, phone numbers or Web site addresses that are for personal or promotional gain.
Log In - If you have already signed up with winonadailynews.com, please sign in now!
*Member ID:
*Password:
  Forgot Your Password?
 
Sign Up - To encourage intelligent and meaningful conversation, winonadailynews.com requires all commenters to register before posting comments. It's quick, it's easy, and it's free! Just fill in the information below to get started!

**Your Member ID and password will be required to log in. Your comments will appear under your user name.

Do not use usernames or passwords from your financial accounts!

Note: Fields marked with an asterisk (*) are required!

*Create a Member ID:
*Choose a password:
*Re-enter password:
*E-mail Address:
*Year of Birth:
 

(children under 13 cannot register)

*First Name:
*Last Name:
Company:
Home Phone:
Business Phone:
*Address:
*City:
*State:
*Zip Code:
 

NEWSPAPER ADS

WINONA JOBS

TOP HOMES

 
 
Dailies
La Crosse Tribune
Winona Daily News

Weeklies
Coulee News
The Chronicle
Holmen Courier
Houston County News
Onalaska Life
Tomah Journal
Vernon Broadcaster
Westby Times

Regional
Inside Preps
My LIVE! Entertainment
Best of River Valley
Business Report
Healthy Living Today
Strictly Golf
River Valley Bike Trails
River Valley Blogs
River Valley Outdoors

Shoppers
Tri-County Foxxy

Marketplace
Newspaper Ads
Local Website Directory
7 Rivers Rentals
HomeSeller
Wheels Website
Outdoor Motors
Work For You

Portals
La Crosse NET
Winona NET

Classifieds
River Valley Classifieds

Links
Lee Enterprises
Minnesota Farm Guide

About Us | Classifieds | Contact Us | Terms of Use | F.A.Q. | Privacy Policy | Requests | Search | RSS | Videos | Advertiser Directory | Add to My Yahoo!
Copyright © 1997 - 2008 The Winona Daily News. All rights reserved.
Material from this site may not be published, broadcast, rewritten or distributed. A Lee Enterprises subsidiary.