(STURGIS) - The Sturgis City Commission has received the results of an investigation conducted on the Commission.
In May, the City Commission voted to have an outside counsel conduct an investigation into the entire Commission regarding the details surrounding the entire situation that was the cause and central reason for the closed session held by the Commission on April 8. The resolution also stated that the investigation reveal its contents, findings and recommendations to the City Commission for their review, legal review and future determination to release.
During Wednesday's meeting, the Commission went into a closed session that lasted just over two hours to discuss the findings of the investigation. When they came out of closed session, the Commission voted to accept the results of the report.
Swick Broadcasting received a copy of the report through a FOIA request. The investigation was conducted by Miller Johnson Attorneys.
The investigators spoke to all of the City Commissioners along with City Attorney T.J. Reed and former City Manager Andrew Kuk.
The report showed that Mayor Frank Perez along with Commissioners Cathi Abbs, Rick Bir and then Commissioner Linda Harrington met to discuss allegations against Kuk. Perez at that time said he would contact Reed and bring the matter to his attention.
Reed shared with investigators that when he met with Perez, he told Reed that "The Commissioners were not happy with Kuk, they were ready to move on and they have the votes to do so. Reed told investigators he was shocked by the statement. Perez later admitted he didn't have the votes and he shouldn't have made that statement.
The investigators concluded that Mayor Perez along with Commissioners Bir, Abbs, Harrington and Marvin Smith did not violate the Open Meetings Act through their participation in meetings with each other on March 24 and March 28. They also did not violate Chapter III, Section 5 of the City Charter through a meeting with a former City employee on March 24.
The investigation did determine that Perez violated Chapter IX, Section 4 (n) of the City Charter and he acted in a manner inconsistent with Section 1 of the Commission Procedural Policy.
Neither the City Charter nor the Procedural Policy appear to prescribe consequences or remedies for violations or actions inconsistent with their provisions and the investigators make no recommendations as to such.