Firing Of Jansen Clerk/Treasurer Reveals Potential Rifts In Community

By Gordon HopkinsThe Jansen town hall was filled to capacity and more for what proved to be a contentious meeting of the Village Board on Wednesday, December 14, 2022. There were not enough seats and some members of the public were forced to stand during the two-hour meeting.A primary topic of discussion was the recent firing of clerk and treasurer Regina Russell. No reason was publicly given for Russell’s termination. Village attorney Gregory Kratz told FJN prior to the meeting, “I will not discuss the reasons why she was relieved of her position.”The meeting began with newly elected board member Matthew Leatherwood and re-elected board member Joyce Ambrose being sworn in. The oath of office was administered by Kratz.Kratz confirmed at the meeting that Russell was not given two-weeks notice or any severance. She did not have a contract with the village.That did not sit well with the board’s newest member, Leatherwood, who said, “She didn’t work for me. I don’t know. I get the impression she did a fine job at the meetings I attended. But what I do feel like is that she’s been wrongly terminated.”Discussion Among Board MembersOutgoing board member Tiffany Schoenrock, whose seat was taken by Leatherwood, said terminating Russell’s employment was never discussed with her, “I was completely unaware. So there was actually no call made to me.”Eldridge said she did discuss the matter with Ambrose and board member Janene Russell individually.The Open Meetings Act states, “the formation of public policy is public business and may not be conducted in secret.” However, Kratz indicated the Open Meetings Act allows members of the board to discuss board business with other members outside of a meeting, “As long as there’s not a quorum.”Furthermore, it is the contention of both Kratz and Eldridge that Russell’s termination did not require a the consensus of the board. After the meeting Kratz told FJN via email, “The chairperson has the authority to appoint officers at the re-organizational meeting in December of each year following a general election. See Neb. Rev. Stat 17-204. The chairperson of the Village of Jansen has the authority to appoint any person they wish to serve at clerk/treasurer at the December meeting. The chairperson is under no obligation to reappoint any of the current officers. As opposed to seeking the advice and consent of the board of trustees following the removal of the outgoing clerk/treasurer, the chairperson simply appointed a new clerk/treasurer at the re-organizational meeting in December to which the board of trustees gave their advice and consent and approved the appointment.”The terms ‘chairperson’ and ‘mayor’ are sometimes used interchangeably in small villages but Kratz noted they are not the same, “The Village of Jansen will be revising the Municipal Code to correct a conflict between the Jansen Municipal Code §1-401(A) and Nebraska Revised Statute §17-208(4). The Village of Jansen revised their Municipal Code in 2020. Municipal Code Services of Neligh, Nebraska drafted the current code. The municipal code drafted by Municipal Code Services included language in § 1-401(A) of the Jansen Municipal Code which gives the chairman the sole authority to remove appointed officers. After conferring with James McNalley of Municipal Code Services and the League of Nebraska Municipalities, I have concluded that § 1-401(A) of the Jansen Municipal Code reflects the authority granted to mayors of cities of the second class and not to chairpersons of village boards. Civil administration of cities of the second class and villages are both contained within the same chapter of the Nebraska Revised Statutes, which is Chapter 17. Municipal Code Services will be providing an updated ordinance for the village to correct this conflict.”Outgoing Board MemberSchoenrock opted not to run for re-election. In her last act as a board member, she made a statement, “I’ve only ever made the best decisions on behalf of the village, not my own personal beliefs, not what way I lean politically.”“But that being said, it is a village of, like, 90 people. We are not making Washington, DC decisions on this board. In the past year or so, I mean, there have been so many issues that have been occurring, where childlike fights are happening,” Schoenrock said. “I just want to remind you, if we as a board can’t get along, what would happen if the state comes in and takes over and there is no longer a board? You need to think about that.”Schoenrock added, “I’m proud to have served on the board. But because of all of these ongoing, childlike behaviors and things that have happened, I just didn’t want to re-run for my spot.”

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