Lillie Newspapers: Mr. Hjelle and the Sherrie Le decision

In the March 12,2008 Lillie Newspapers Alex Davy reviews the Sherrie Le decision in Judge in Sherrie Le case rules firing illegal

District Judge Kathleen Gearin ruled Feb. 29 that termination of former Maplewood human resources director Sherrie Le was illegal, awarding Le $184,714 in damages.

Former City Manager Greg Copeland fired Le, a city employee since 1994, in August 2006, claiming that she was unprofessional.

But Gearin didn't see it that way, finding that the city violated state fair labor practice laws and the Minnesota Whistleblower's Act.

"I see it as a vindication of my actions," Le says.

Gearin's 31-page judgment reveals a tense and often acrimonious administrative environment.

Davy reviews the history of Le's final months with the city and the trial findings, leaving the trial story with

"The fact that I reported those violations led to my firing, and I'm convinced of that," Le stated. "Anybody that tried to maintain integrity in the city and stood up for what was right, they tried to get rid of."

In the Pioneer Press article reviewing the decision, Mr. Hjelle is quoted accusing Le of perjury and describing Judge Gearin as stupid for believing her. Davy wraps up his review with more charges from Mr. Hjelle:

A strange footnote
With a nearly two-year case now wrapped up, Le is satisfied a decision has been made and Copeland and Mayor Longrie, also named in the lawsuit, were absolved of personal liability for the firing.

But Council Member Hjelle has some concerns with the whole trial, which he says are linked to the arrest of Judge Gearin's sister by Maplewood police about two weeks before her decision in the case.

On Feb. 15, Patty Gearin was issued a citation for obstructing the legal process in connection with a fire that broke out at her Maplewood business, Wipers Recycling, in early January.

An industrial grinder used to turn salvaged material such as old shoes and tires into absorbent cleaning cloth and potting soil caught fire, and the Maplewood Fire Department was called to put out the blaze.

According to city officials, Patty Gearin did not have a certificate of occupancy and was operating her business illegally.

The link of Patty Gearin's arrest occurring in Maplewood was enough for Council Member Hjelle to say that Judge Gearin should have recused herself from the case. "This just screams mistrial to me," he says. "If the judge is to be assumed to be beyond impartial, the mere fact that her sister got arrested should disqualify her. You have to have faith that she's honest, but God does it stink like hell." [emphasis added]

Judge Gearin maintained that her sister's arrest did not influence her ruling, according to court documents.

"It doesn't concern me that her sister got arrested," Le says. "(Judge Gearin) called both my attorney and the city's about a week before it happened, trying to encourage them to settle. It seems pretty clear that she had already reached a decision."