Erica Dischino / West Central Tribune record photograph
GRANITE FALLS — The president of the Upper Sioux Community is asking the Yellow Medicine County Board of Commissioners for clarification of the relation of a weed inspector acting nether the auspices of the region aft an incidental that led to transgression charges.
The District Court dismissed a Yellow Medicine County complaint of transgression harm to spot against a weed inspector connected Dec. 15.
Tribal Chairman Kevin Jensvold told the County Board of Commissioners connected Jan. 3 that helium considers the weed inspector’s actions that led to the charges to beryllium an ethical usurpation of his role. He asked the Board of Commissioners for clarity connected that relation and the county’s involvement.
The commissioners and County Attorney Mark Gruenes told the tribal president that they judge Wesley Erickson, a Minnesota Falls Township supervisor, was acting connected his ain behalf and not with the county’s authorization erstwhile helium sprayed weeds successful July connected the tribal-owned property.
The region lawyer told the commissioners that authorities statute makes Erickson a weed inspector by virtuousness of being a township official. Erickson is not paid oregon hired by the region to beryllium its weed inspector.
“It frustrates maine that helium tin spell retired and correspond himself arsenic a weed inspector for the county,” said Commissioner Ron Antony.
He said the region could look superior liability issues if weed inspectors acting nether the authorization of the region origin harm.
The commissioners and tribal president said they would similar to spot regular meetings betwixt the County Board and tribal committee to support connection unfastened and support what some described arsenic a bully relationship.
Emphasizing that helium saw the incidental arsenic an isolated situation, Chairman Jensvold said astatine the decision of the discussions that helium felt that regular interaction and meetings betwixt the 2 governments were truly important.
According to the tribunal record, 2 employees of the Upper Sioux Community recovered Erickson driving a tiny conveyance and spraying 2,4-D connected Canada thistles connected the tribal-owned spot connected July 18.
The supervisor of the Upper Sioux employees past contacted Upper Sioux Community Police Chief Dan DeSmet. He interviewed Erickson astatine the tract and filed a study that led to a complaint against Erickson by the Yellow Medicine County Attorney’s Office.
Tom Cherveny / West Central Tribune record photograph
The tribal president said that soon aft the incident, the Upper Sioux Community received a missive dated July 19 from Jolene Johnson, the county’s planning, zoning and cultivation inspector, stating the assemblage “had to instrumentality attraction of its weed problem.”
Gruenes said the incidental represented “a truly challenging situation” for his office.
He determined a trespassing complaint against the inspector would not beryllium appropriate. You get 1 wound astatine the pome nether Minnesota law. You person to archer idiosyncratic to permission archetypal earlier a trespass occurs, helium explained.
In its bid connected Dec. 15, the District Court dismissed the transgression harm to spot complaint stating that nary harm had occurred.
“Defendant testified that helium utilized 2,4-D due to the fact that helium knew it would lone termination the Canadian thistle and not different vegetation, and helium did not person immoderate volition of sidesplitting different vegetation" different than the noxious weeds, stated the court.
Gruenes said helium believes the inspector “muddied this situation” by putting connected his weed inspector chapeau erstwhile helium was confronted connected the property. The lawyer said helium believes Erickson was acting connected his ain behalf, spraying onshore adjacent to onshore helium was renting.
Erickson did not pass the county’s agriculture inspector that helium had been confronted connected the tribal-owned onshore erstwhile helium reported the weed problem, according to Gruenes.
As a result, helium enactment the region ag inspector “in a presumption to look foolish by sending that missive retired which is truly frustrating. ... It makes the region look foolish and pulled the region into his nonsense,” said the attorney.
Jensvold provided the commissioners with the constabulary study of the incidental and offered to supply the audio signaling of the interrogation by the constabulary chief. The spot is tribal-owned but not portion of the tribal spot lands, and pays spot taxes to the region and township, according to the chairman.
Commissioner Antony said they judge inspectors person the work to study nuisance weeds to the county’s ag inspector, but bash not person the authorization to spray the weeds without archetypal contacting the spot owners.
In the tribunal case, Erickson maintained that the Upper Sioux Community had not been responsive to his anterior complaints.
The tribal president told the commissioners that the tribal authorities would person approved the spraying of the nuisance weeds and reimbursed the region were it notified.
The commissioners said they worth the narration betwixt the 2 governments and the assistance the Upper Sioux Community has provided to the region arsenic good arsenic civic organizations. The tribal president said the assemblage is committed to supporting and promoting southwest Minnesota and each of its neighbors.
County Commissioner Greg Renneke, who represents the country wherever the incidental occurred, said helium would interaction Erickson and marque known the county’s concerns astir the incident.
Tom Cherveny is simply a determination and outdoors newsman for the West Central Tribune.
He has been a newsman with the West Central Tribune since 1993.
Cherveny tin beryllium reached via email astatine tcherveny@wctrib.com oregon by telephone astatine 320-214-4335.
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