Failure to appear

Longtime Carlton County Attorney Thom Pertler essentially stopped going to work not long after his loss to challenger Lauri Ketola in the Nov. 6 General Election.

His absence is due to medical reasons, Pertler told the Pine Knot News via telephone last week, adding that it was a private matter and he hoped people would respect his family's privacy.

Pertler appointed Assistant County Attorney Jeffrey Boucher as "acting county attorney" on Nov. 13, a week after the election.

Carlton County Auditor/Treasurer Paul Gassert said he became aware that Pertler was not keeping regular office hours at the Dec. 11 Carlton County Board meeting when Boucher told the board that Pertler had delegated authority to Boucher to act on behalf of the county attorney offices.

"Indirectly, I had heard he was rarely seen after the election, but I do recall seeing him after the election," Gassert said.

The news of Pertler's absence became public last week when Boucher sent out a press release Dec. 19 noting that he had enacted a Brady Disclosure Policy in his "capacity as acting county attorney."

Ironically, the night of her landslide win, Ketola said: "I care; I'll show up, and I'll work hard."

Ketola was endorsed by a number of area law enforcement officials, including Carlton County Sheriff Kelly Lake, Moose Lake Police Chief Bryce Bogenholm and former Cloquet Police Chief Wade Lamirande.

While Pertler had worked in the county attorney's office for more than 23 years and been county attorney for 13, in recent years he has faced challenges outside the courtroom, including a very public DWI arrest in Duluth in 2012. He was also gone from work for an extended period of time following his arrest. More recently, the Carlton County Board of Commissioners hired an investigator to look into several issues of concern in the county attorney's office. The board did not give him the 3 percent raise accorded other elected officials last year as a result of that investigation.

Gassert said the county board explored options for discipline of the county attorney after his DWI arrest and was advised by outside counsel that no other office, including the board, has any authority over the county attorney (or other county elected officials like Gassert or the county sheriff). He said they were advised there were longer, potentially expensive court processes available and they decided against that.

Gassert also said he believes that the State does not require regular office hours from county elected officials, "as long as the work is being done."

Ketola said the soonest she can legally step into her new role as Carlton County attorney is Jan. 7.

"At this point the only involvement I can have is gaining information," said Ketola. "Technically it's still Thom's office. I have no authority to direct anybody in the office."

She has been meeting with people, however, and attending plenty of meetings, including Carlton County Board meetings, meetings to discuss the future of the jail and the law enforcement study, etc.

"I can go and sit and listen and learn," she said. "There are things that people want to see happen. I'm carefully walking a line between getting to know people and moving forward without giving them any direction."

A public defender who works on cases in Carlton County told the Pine Knot News that Pertler always treated her with courtesy and respect, and was always willing to make time to discuss a case.

Ketola said she thinks that the people - naming Boucher and fellow assistant county attorney Alex Saumer in particular - in the county attorney's office are doing a good job under the circumstances.

In the meantime, Gassert said the county is still paying Pertler the remainder of his 2018 salary of $110,267.

"Unless directed otherwise, we will continue to pay Mr. Pertler until Jan. 7, the first day of the new term of office for Ms. Ketola," he said.