Jansen Village Paid For Services Not Rendered

By FJN StaffTo learn more about certain financial expenditures made by the Village Jansen Board over the last year or so, the Fairbury Journal-News delivered a series of public records requests to the board within the last month.Among the responses are documents showing the village was “unable to drain” the water tower for its scheduled cleaning in 2022, and that no cleaning was performed that year.Even so, the village paid the company charged with cleaning the tower $8,065. Contract with VikingThe Village of Jansen has a contract with Viking Industrial Painting, the company that painted the Jansen water tower in 2020, to provide maintenance for the village’s water tower.According to the contract, which was signed in 2021, Viking is obligated to clean the water tower every year. “Beginning in 2022, and every other year thereafter, the tank will be completely drained and cleaned to remove and properly dispose of all sediment and other accumulations that might be harmful to the tank or its contents (not including starting). The tank interior will be rinsed using high-pressure wash equipment. Any necessary coating touch up will be done at time of cleaning to extend coating life. The Company will furnish relief valves, if needed, to install in the water system so the Owner can pump direct to maintain water pressure while the tank is being serviced.”For this service, Viking was to be paid $8,065.However, according to an inspection report from Viking in 2022, “On October 11, a crew with Viking Industrial Painting (VIP) conducted a Visual Inspection of the Village of Jansen, NE elevated water storage tank. The tank was scheduled for a clean-out and inspection in 2022 but Village was unable to drain so it was agreed upon to perform a visual inspection. The tank was refurbished in 2020 and State requires Clean-out every 5 years. Clean-out is rescheduled for 2023.”While the “clean-out” was not done, the board confirmed it still paid Viking the contracted amount of $8,065. Health and safety concernsAs of press time, neither Village Board member Kesha Eldridge, who was the village’s temporary Water and Wastewater Operator as well as the village board chair at the time the decision to forgo the cleaning was made, nor has the board responded to questions from the FJN about why the water tower could not be drained in 2022.According to Regina Russell, who was the village clerk and treasurer in 2022, “(Eldridge) only reported to me that she did not want to drain the tank, because it would require additional water testing and she did not want to be the water operator anymore.”Eldridge dismissed Russell from her position at the end of 2022.FJN asked the board about the possible health and safety consequences of delaying the scheduled cleaning of the water tower. As of press time, no response has been received. No conflict of interest under Nebraska lawWhen the village paid Viking, Eldridge she was also Viking’s employee.But under Nebraska law, an elected official does not have a conflict of interest that prevents them from deliberating or voting on issues involving a company employing that official. For a conflict of interest to arise under existing law between an elected official and a business interest of that person, the person would have to be “partner, limited liability company member, director, or officer” in the company.There is no evidence Eldridge is a “partner, limited liability company member, director, or officer” in Viking.Advisory Opinion 206, issued by the Accountability and Disclosure Commission earlier this year, confirms that an elected official’s relationship with a business must go beyond mere employment to trigger conflict of interest laws. Changes to the ContractBy its terms, the Viking contract needed to be modified in the form of an extension to forgo the annual cleaning. It states, “No modifications, amendments, or alterations of this Agreement may be made except in writing signed by all the parties to this Agreement. No failure or delay on the part of any party hereto in exercising any power or right hereunder shall operate as a waiver thereof.”But when FJN requested documents memorializing the decision to not perform the maintenance in 2022, Maureen Freeman-Caudy, an attorney with Bromm, Lindahl, Freeman-Caudy & Lausterer law firm that represents the village board in public records matters, told the paper “The forms do not exist.”Meeting minutes at that time indicate no vote was taken by the board to approve the extension. Professional ServicesOn April 10, 2023, the village board approved a payment of $9,725 to Eldridge for what the meeting minutes describe as “professional services.” A list of the charges obtained from the board include some for water services, although no details of those services are provided. Some of the charges date back to November, 2022. FJN asked the board and Eldridge why some of those charges were not billed earlier. No response was received.Below is the list of the payments to Eldridge in full, as it was presented to FJN: PayWastewater-$30/hour average•November 4 + 8 at 1.5x for winterizing pivot in a Saturday October 15 after my 30 day notice ended.•December 4•January 4•February 4•March 420 x $30 = $6008 x $45 = $360 Total $960Water base plus $30/hr average•November $250•December $250•January $250•February $250•March $250 + 7 at 1.5 x for saturday (sic) water leak March 25.$1250 + $315 = $1565Clerk average•January 10/week (5) x $30 $1500•February 20/week (4) x $30 $2400•March 20/week (4) x $30 $2400•April 20/week (1.5) x $30 $900•Total 240 x $30 = $7200$7200 clerk$1565 water$960 wastewater$9725 total

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