Questions Remain Unanswered By Jansen Village Board

By FJN StaffQuestions have been raised by members of the public about payments made by the Jansen Village Board. As of press time, inquiries about the payments by FJN have gone unanswered.One of those questions is why the board paid $8,065 to a vendor for work that was not done, remain unanswered. Viking Industrial Painting, the company that painted the Jansen water tower in 2020, was paid the sum of $8,065 in 2022. According to a maintenance contract between the village and Viking, the water tower was scheduled for maintenance last year, which would include completely draining the tank and cleaning it to “remove and properly dispose of all sediment and other accumulations that might be harmful to the tank or its contents….” Multiple sources have indicated this maintenance was not performed in 2022. But according to payment records obtained by FJN, Viking was still paid the contracted amount.Former board member Tiffany Schoenrock said the company was granted an extension to perform the work but does not know why. FJN has asked the board why an extension was granted, who requested the extension and when the work is expected to be completed. As of press time, these questions have not been answered.FJN has made a public records request for a copy of any written agreement authorizing an extension. To date, no response to that request has been received. Former village chair Kesha Eldridge, who resigned from that position earlier this year but remains on the board, is also an employee of Viking Industrial Painting. She is listed on the company’s website as Sales and Marketing Coordinator. To date, Eldridge has not formally acknowledged that Viking’s relationships with her and the village create any conflict of interest, stating at the April meeting that the maintenance contract was made prior to the start of her employment with the company.FJN asked both Eldridge and Viking to confirm when Eldridge’s employment with Viking began. As of press time, neither has responded. At the April 10 meeting the board voted to pay $9,725 to Eldridge. Recently published minutes described the payment as for “professional services.”FJN asked the Board and village attorney Greg Kratz for details about those services. As of press time, no response has been received. Public Comment PolicyPrior to the board meeting on Monday, May 8. FJN requested to be placed on the agenda to ask questions of the board about the payments. That request was denied. Kratz wrote in an email: “The Fairbury Journal-News will not be placed on the agenda to ask questions about payments and conflict of interest. If you wish seek information regarding these issues or other issues please submit a public records request.” FJN then asked about the village’s public comment policy. Kratz replied, “The board has not adopted any policy on public comments and agenda items. However, we will be discussing that at the meeting on Monday.”On Monday the board adopted a public comment policy. The new policy will require written requests for topics to be placed on the agenda at least seven days prior to the meeting. The board is under no obligation to accept every request.Public Records And TransparencyTo try to shed additional light on the village’s recent expenditures of taxpayer dollars, FJN submitted a series of public records requests to both the current village chair, Joyce Ambrose, and Kratz. The first was sent on Wednesday, April 26 of this year. Another one was sent on Friday, April 28, and two more on Tuesday, May 2, 2023. Among the files requested are agendas and minutes of meetings in 2022, contract amendments with Viking, the individual bills that make up the $9,725 payment to Eldridge and other public records. As of press time, none of the requested files have been received.According to Nebraska Revised Statute 84-712 of the Public Records Act, “Upon receipt of a written request for access to or copies of a public record, the custodian of such record shall provide to the requester as soon as is practicable and without delay, but not more than four business days after actual receipt of the request.” On Wednesday, May 3, Kratz confirmed receipt of the public records request and said, “I believe your request from last Wednesday will be ready today.”Despite this, access to the files still was not granted. FJN then reached out to Nebraska Attorney General Mike Hilgers and requested he intervene. A response has not been received as of press time.FJN also asked Jefferson County Attorney Joseph Casson about jurisdiction and enforcement of the public records statute. Casson responded via email on Friday, May 5, telling the paper that “According to 84-712.09 any official who shall violate the provisions of public records act shall be subject to removal from office and deemed guilty of a Class III misdemeanor. If sufficient evidence is presented to this office to conclude that there was in fact a violation, I would prosecute it.” Casson cc’d Kratz in the correspondence. Minutes after receiving Casson’s reply, FJN received an email from Kratz, “The village will get you the information you requested by COB (Close of Business) Wednesday, May 10. Due to not having a clerk, having to prepare for Monday’s meeting and board members being out of town the village will not be able to fulfill your request until Wednesday.”The village clerk and treasurer, Linda Seeley, gave two-weeks’ notice in a letter dated April 28, 2023. FJN asked Kratz which board members were out of town. No response has been received. Village hires special counselAt the village board meeting on Monday, at Kratz’s suggestion, the board voted to hire the Bromm, Lindahl, Freeman-Caddy & Lausterer law firm as special counsel to handle public records requests. Kratz noted he wanted to avoid a conflict of interest between the board and FJN because of Kratz’s previous representation of the paper in an unrelated matter years ago.“I would like to thank Mr. Kratz for acknowledging a potential conflict of interest and I look forward to working with the special counsel,” Timothy Linscott, owner of the Fairbury Journal-News, said.The village board also voted to accept the resignations of Seeley and former board members Matthew Leatherwood and Stoney Brooks. Three board members remain, which is the minimum required for a quorum.

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