Cloquet police chief on leave, but cleared of all allegations

According to city administrator Aaron Reeves, Cloquet Police Chief Jeff Palmer was placed on "voluntary paid leave" effective April 16. Reeves said he could not elaborate on Palmer's absence, but said it wasn't a result of the investigation of former police chief Wade Lamirande's complaints about Palmer.

Palmer has been cleared of all eight allegations contained in that complaint, according to Reeves and to a redacted copy of the investigative report shared last week by Teamsters Union 320 - which represents Palmer - with the Fox 21 television station in Duluth.

The retired chief's numerous complaints about Palmer largely centered around criticisms of the police department's handling of a complaint filed by Lamirande filed Nov. 1, 2017, alleging harassment and stalking by police officers. The CPD investigated internally, which resulted in no officer discipline.

Reeves said he received the complete investigative report on Palmer from external investigator Michelle Soldo last week.

"Based on the findings in the investigative report I took no disciplinary action," Reeves said.

Because there was no discipline in the case and because it involves personnel data, the investigative report is not public data. A pdf of the report was available to download on the Fox 21 website.

In her report, Soldo found the "alleged improprieties relative to the handling of a citizen complaint" were not substantiated.

She broke down each allegation, giving the reasons for her determination.

Following is a summary of the allegations

Allegation 1: Alleged "Malfeasance/Incompetence of the Chief of Police."

Lamirande claimed Palmer had prematurely and improperly determined, prior to investigating Lamirande's 2017 complaint against a CPD officer, that there was no evidence to support criminal charges and then directed an internal investigation.

Soldo wrote that the record establishes that Palmer consulted with then Carlton County attorney Thom Pertler, who advised him the complaint did not allege a violation of the law. While Lamirande characterized a phone call made to his daughter by a CPD officer - who found the number on his phone when he returned to his desk, as if it were a missed call - as stalking. Soldo said one call does not constitute criminal stalking because it must be repeated behavior. The perpetrator must also know the contact would cause the victim to feel threatened or intimidated, she wrote.

Soldo also wrote that the records show that Palmer consulted with someone (whose name is redacted) and then authorized an internal affairs investigation. She said data shows Lamirande's claim that complaints against CPD officers are always investigated externally was refuted by evidence.

Soldo also wrote that Lamirande confirmed a second law enforcement agency had investigated his Nov. 1, 2017, complaint and criminal charges were not filed as a result of that investigation, which supports, she says, the county attorney's determination that the alleged behavior was not a violation of the law.

Allegation 3: Alleged failure to address Brady/Giglio issue

Lamirande said one of the officers lied in a compelled interview during the internal investigation. Soldo said she could not substantiate the allegation because it is based "on a he said, he said account, that cannot be independently verified."

Allegations 2, 4, and 5: All focused on data privacy violations. In the first case, Lamirande alleged that Palmer improperly informed CPD officers of the details of the complaint. In No. 4, he alleged that Palmer provided details of information that was not public data in the complaint to city council member Steve Langley and, finally, that Palmer improperly gave mayor Dave Hallback the ICR number for a complaint Langley filed against Lamirande. [Editor's note: The Langley complaint was investigated externally. No criminal charges were filed against Lamirande. Find that story in the Feb. 15 Pine Knot News.]

In her factual basis for findings, Soldo wrote that Lamirande revealed the "nature and substance" of his complaint before the start of the official investigation, when the accused officer called him. Regarding Allegation 4, Soldo said it was based on speculation and conjecture, and could not be substantiated. Regarding Allegation 5, she said an ICR number is public information and would be accessible to Hallback and others.

Allegation 6: Lamirande complained that there was unreasonable delay and missing information for data requests. Soldo said Palmer and a second respondent consulted with the city's labor attorney and responded to Lamirande's data requests, adding that Palmer "promptly" corrected an inadvertent oversight of some missing information.

Allegation 7: Soldo examined two different copies of the 134-page report regarding Lamirande's 2017 complaint, comparing an unredacted copy to the redacted copy that the three members of the Citizens Advisory Board received. Lamirande's said the CAB received a sanitized version of the report but that was not substantiated. Soldo found that names and other personally identifying information had been redacted, in accordance with requirements.

Allegation 8: Lamirande alleged an improper confidentiality directive. Soldo confirmed that Palmer and a second respondent met with the investigator and that they directed him to abstain from contact with Lamirande regarding the investigation of his November 2017 complaint, and to not share any investigation-related information regarding officer admissions of guilt with him because the data was private or confidential. She disagreed that the directive was inappropriate, noting that Lamirande was too involved in the investigation and had too much access and influence.

Lamirande expressed frustration with Soldo's findings, which he had been told about but had not read. The investigative report was the first time he heard of Palmer consulting with Pertler regarding his 2017 complaint. He said the fact that it was a pattern of harassment by more than one person probably made things more difficult.

He also said he also understands that it's out of his control.

"I wanted the public to know this was how public officials and some of the officers were behaving," he said. "I did want some accountability for officers who admitted to making harassing calls to me and my family. But I can move on and live my life, provided they leave me alone."

Three down, one to go

Reeves and city human resources director James Barclay were both exonerated by the city council of allegations April 16 - the same day Palmer's leave began - after the council received the results of Soldo's investigation of them. (Find that story in the April 18 Pine Knot News.)

The only allegations made by Lamirande that are still under investigation are the eight he made against council member Steve Langley. According to the former police chief, Langley has harassed him, falsely reported a crime by lying or mischaracterizing two different encounters with Lamirande, and behaved in a manner violating city code on more than one occasion. In his complaint, Lamirande also said Langley and other city officials have contacted his employer as well as the employers of several other people who were critical of the city or the police department.

During the April 16 meeting, when Langley suggested that Reeves and Barclay investigate instead of Soldo, mayor Roger Maki and attorney Brandon Fitzsimmons confirmed that Soldo had already been hired to investigate the charges and that investigation was ongoing.

The city of Cloquet has used Soldo as an outside investigator before. In the spring of 2017, she compiled a much more comprehensive report regarding police union complaints about Stracek, after interviewing every officer and staff member in the department, along with Stracek. In her report, Soldo concluded that the claims against Stracek were unfounded, although Stracek ultimately agreed to retire anyway.

Commander Ferrell in charge

Palmer was not present at the April 16 council meeting and there was no discussion of his absence or any leave during the public portion of the meeting, which was closed to the public to discuss the results of the investigation regarding Barclay.

Reeves said he has assigned patrol commander Carey Ferrell to "perform the duties and responsibilities of Chief of Police while Chief of Police Palmer is on voluntary paid leave."

Ferrell didn't want to comment on Palmer's absence but said residents can reach him the same way they've always reached a police chief.

"People can come to the police department to see me, or call or email," Ferrell said Friday. "I'm available, and if I'm not, I will try to get back to them as soon as I can."

Ferrell, who has been with the CPD for nearly 25 years, said the department "will continue to try to serve the public to the best of our abilities and just keep moving forward."

Reeves could not answer questions about whether Palmer would be returning to his post, and the reason behind the paid leave.

"Because of the nature of this matter the City cannot provide any further comment at this time," Reeves wrote in an email to the Pine Knot News.