Open Meeting violations and intentional hiding of information from residents

The real timeline and key discussions leading to the initial October 22, 2020 plan for municipal water in West Lakeland Township was intentionally hidden from residents. A plan to propose ONLY municipal water as the solution for PFAS groundwater contamination in West Lakeland Township dates from February 27, 2020. Here is the relevant public notice of this meeting:

https://westlakeland.govoffice2.com/vertical/sites/%7B4302F8BA-2E20-46AE-A97A-E6644431668F%7D/uploads/Special_Meeting_with_Mood_Consultants-_Ground_Water_Modeling_and_Long-Term_Treatment_Related_to_PFAS_Contamination.pdf

Regarding Special Meetings, MN Statues (13D.04 Subd. 2.) and Protocols Are Very Specific. The bottom line for our purposes here: with Special Meetings, the Public Notice is the agenda and cannot be altered. Any other actions, topics covered or decisions made are clear violations of the Minnesota Open Meeting Laws.

At this meeting the WLT board incurred numerous violations of open meeting laws and other MN statues based on actions taken at the meeting. We have documented and detailed all the exact violations and associated statues. Here are the key takeaways:

• No West Lakeland Township Regular or Special Meetings on record, have been held this far away from West Lakeland Township.
• We could not identify any residents that attended this meeting. Even the clerk or deputy clerk did not attend the meeting to take minutes, (this was also a departure from normal practice of all other Regular or Special Meetings we could find).
• This meeting was not just with Wood Consultants; the Minnesota Pollution Control Agency (MPCA) and Township Engineer Ryan Stempski were also in attendance
• The “purpose” of the meeting changes dramatically when the leading “Co-Trustee”, the MPCA for the 3M settlement also attends the meeting. Even the sparse minutes provided, clearly shows their involvement.
• The stated intent of the special meeting is to “discuss” ground water modeling and long-term treatment options and costs. The approved official Minutes show two distinct actions were taken at this meeting.
  • “Chairman Kyllo suggested that Mr. Stempski draft West Lakeland’s comments and the Board hold a special meeting before March 6^th, (2020) to review his draft comments before submission.”
  • No motion was made by any Board member or vote taken, but the “action” was taken by Chairman Kyllo to retain the services of Mr. Stempski (an engineer), to “draft West Lakeland’s comments”. We know this action was taken because, these “comments” and recommendations were completed by Mr. Stempski and submitted to the board at a Special Meeting March 5, 2020.
  • This “action” was not posted in this Special Meeting Notice which is the agenda for the special meeting. The other two board members did not object to Kyllo making this decision.
  • It is also critical to note, this action by Kyllo and Board could have waited until the Regular Town Board meeting that occurred just two business days later, on Monday March 2, 2020.
  • Unless it is an emergency (which this was not), a resolution must be presented with findings and cost justification.
  • We have requested from West Lakeland, all bills from Engineer Stempski. We have not been allowed us to enter town hall to view those bills.
  • This illegal contract and Engineer Stempski’s recommendations formed the basis of West Lakelands comments to the 3M Co-Trustees.
• The second “action” taken by chairman Kyllo, was to agree to enter into possible negotiations to develop a “joint integrated water project” with the Prairie Island Indian Community (PIIC). This topic is treated separately in the PIIC and environment section.

The second special meeting was called for March 5, 2020 to “…. review comments drafted by Township Engineer, Ryan Stempski ….”. Here is the relevant public notice of this meeting:

https://westlakeland.govoffice2.com/vertical/sites/%7B4302F8BA-2E20-46AE-A97A-E6644431668F%7D/uploads/Special_Meeting_-Review_Comments_by_Ryan_Stempksi_re_3M_Settlement_Draft_Conceptual_Drinking_Water_Supply_Plan-_March_5_2020.pdf

Again, at this meeting, the board incurred numerous violations of open meeting laws and other MN statues based on actions taken at the meeting. Again, for Special Meetings, the Public Notice is the agenda and cannot be altered. Here are the key takeaways:

• Once again, the meeting was held outside of West Lakeland and at an odd time; 8:00 AM.
• While supposedly only “review[ing] comments drafted” the Board knew they would be submitting official comments to the MPCA during this meeting. The purpose of the meeting was to answer the questions and submit before March 6 to the MPCA. There was one citizen in attendance at the March 5th meeting and they specifically remembered them answering questions to be submitted.
• From the March 5^th minutes, under items number four and five each with bullet points below them, the Board “acted” on comments to be submitted. We know these comments were submitted to the MPCA as they were used to develop their policies for West Lakeland Township. Those policies were reflected in the draft report from the 3M settlement Co-Trustees dated August 2020 and presented by the 3M Co-Trustees to West Lakeland Residents at a public meeting on October 22, 2020.
• Most Critical to the issue of Municipal Water and the public meeting discussions since October 22, 2020 these are the key comments submitted by the board:
  • Regarding a Municipal system: “West Lakeland’s best long-term alternative would be to pursue a community water supply system.”
  • Regarding POETS: “West Lakeland does not support POET systems as they would be a management challenge due to the large percentage of residents affected and limited staffing.”

It should be noted that this point on POETS was a false and misleading statement and reasoning. The administration of the current (and future) POET systems would be completely paid for by 3M settlement funds. A private water filtration company manages and reports all those activities currently. No staffing or management is required by West Lakeland Township. If there are any incidental administrative costs they are also covered by the settlement.

Finally, the actions taken by the board reflect intent to keep the proceedings, decisions and actions taken at these 2 special meetings hidden from the public. There was in this same exact period a regular town board meeting and the annual town board meeting. These 2 regular public meetings provided ample opportunity to follow proper governance procedures and allow transparency to residents. The following graphic helps illustrate the timeline: 

In addition, the board was cited in violation of open meeting laws by the MN Dept of Administration on 1/3/21 regarding the lack of citizens’ ability to review the journal of board votes. With Town Hall locked during posted hours, they remain in violation of this. And on April 2, 2020, the WLT Board had a virtual meeting with members of Co-Trustee, MPCA. This meeting was never posted or reported by the Town Board and COMW only learned of it from the limited responses to some of our public information requests.

So, what does this all mean. 

• The Board made several decisions and took actions pushing for municipal water, hidden from residents since February 27, 2020. 
• They have violated numerous open meeting laws to secretly recommend for municipal water and against POETS to the 3M settlement Co-Trustees.
• The board held meetings that decided the fate of municipal water in Feb & Mar 2020, at times and places that were far from the normal procedure. Very few residents could possibly attend.
• They have intentionally withheld information regarding the ground water issue for going on 17 months:

• We made a specific request to see the minutes of the February 27, 2020 meeting on July 27,2021. The Clerk never responded, but the minutes showed up on July 28th, 2021. Minutes for the special meetings were not posted on West Lakeland website until our public information requests.
• Many of the 17 Public information requests submitted have been turned over incomplete and some remain unanswered. We have not received any requested emails between The West Lakeland town board and Prairie Island Indian Community and Ryan Stempski of Focus Engineering.
• Anyone is supposed to be able to walk into West Lakeland Township Hall and request to view information at no charge. For the past four months, West Lakeland Township Hall has been locked and no access allowed.
• The Board illegally entered contracts and made decisions without public hearing and/or resolutions. Their actions have been arbitrary and capricious.
• Board has not been truthful when stating at multiple meeting “We do not make the decision.”
• In the August 2020 township newsletter, the town board chair stated the Co-Trustees will recommend either POET or municipal water. He knows that is not true. He knows the only option in plan for WLT will be a municipal water.

Building on the above, new findings and evidence of additional open meeting law violations at special meetings were uncovered through partial fulfillment of COMW public information requests in late September 2021:

After the “official” Feb 27, 2020 special meeting between 1:30 and prior to 5:45 the town board illegally met and agreed by consensus to engage in discussions with PIIC for integrated water system (municipal water). This is confirmed by a Feb 27, 2020 email of Board Chair Kyllo to PIIC tribal president Shelley Buck regarding municipal water. Here is a portion of the content:

. . . . Anyway, I’ll cut to the chase, our Board met with MPCA representatives and Wood Consultants, 1:1, this morning to discuss and review the 3M Settlement Draft Conceptual Drinking Water Supply Plan. I’m sure PIIC has done the same, or will be very soon. After the meeting, it became very apparent to us that we, West Lakeland, would be very interested in entering into discussions regarding an integrated water supply system. PFAS is a “real” problem for both of our communities. We, the whole Board, all agree, and feel strongly that PIIC and WLT can work out a water supply plan that would benefit both of our communities.

For the Special Meeting on September 25, 2020, the public notice indicates part of the intended agenda is to “discuss” how to inform and receive feedback from residents on 3M settlement PFAS treatment. Oddly, this meeting again took place in Lake Elmo, not in the usual WLT meeting location (at that time) of Oakland JHS. Most problematically, no minutes for this special meeting have ever been published on the website or otherwise made available. It is unclear if the minutes to this meeting even exist.

For the Special Meeting on January 25, 2021, the public notice indicates the intended agenda is to “discuss” the 3M CDWP and proposed amendments to Chapter 4 of the Town Code. The board went beyond “discuss” and took action to draft a contract without resolution or findings for general services agreement not to exceed $10,000 with Stantec for municipal water model evaluation.

For the Special meeting on March 25, 2021, the public notice indicates the intended agenda is to “discuss” further information on 3M Settlement CDWP, “discuss” authorizing Barr Engineering to assist with an application regarding municipal water, and “review” the Stantec Consulting Service’s contract. The WLT board again went beyond “discuss” and acted with two motions. One to approve engagement with Barr Engineering not to exceed $4,000. Two, approve the general services contract for $10,000 without resolution or findings with Stantec.

For the Special Meeting on April 26, 2021, the public notice indicates the intended agenda is to “discuss” or update residents on the 3M Settlement CDWP. Yet again the WLT board went beyond “discuss” and took action with a motion made and passed to accept a water rate study by “Ehlers and Associates”.

Also, after reviewing the financial statements and public meeting packets from the regular township board meetings over the last 24 months, COMW found the board has been consistently violating open meeting laws in the following way: It appears to be the standing practice on the part of the WLT board to not disclose the details of the financial expense statements at the regular monthly meeting where they are approved. The public is given a generic summary of bank account balances, but the board has access to the detail expenditures being approved at the meeting. MN Statute requires the information available to the public and to the WLT board to be identical at the meetings. This was consistently the case for the 24-month period of regular meeting packets and minutes reviewed by COMW. Also, the financial disbursements for payment of contracts, vendors and payroll was approved by the WLT Board with no detailed review of what any entity was paid; ie specific disbursement amount to each entity.