01.31.10
STAN/SLEBC Turmoil
To My Fellow STAN and SLEBC members,
You may or may not be aware that STAN and SLEBC in my opinion are in a state of turmoil. I became aware that there were problems back in December. I subsequently started researching and trying to educate myself on the events that had taken place so I could understand what was going on. I was getting a lot of information and did not know what was truth and what was rumor. I have since sorted through a great deal of paperwork and information and have come to several conclusions. Based on these findings, on January 15, 2010, I sent a formal request to Brian Petersen and Kurt Von Minden to ask them to voluntarily resign their positions on the STAN Board. This letter was also sent to all STAN Board members, SLEBC Board members, Vince Valentino, Harvey Wiltsey, and our 2 other bargaining reps, Brent Bockstader and E Jay Petersen. Because of this letter word has started getting out and I have received a few phone calls from members asking me what is going on. Because of those reasons I have put together this letter or document to present to the membership for them to review and draw their own conclusions. I am not here to perpetuate rumors. I am outlining things below that I have the paperwork and documentation to substantiate my findings.
This is a list of the issues and violations I have discovered or become aware of since starting to look into the activities of STAN and SLEBC.
Appointment of Kurt Von Minden as Bargaining Coordinator.
Per Section 10A President Petersen needed the approval of the Board for his appointment of Von Minden. Petersen did not get approval from the Board in a board meeting before removing Elwell and appointing Von Minden. I have been told that a vote to approve Von Minden was finally completed at a January 9, 2010 meeting, but have not been able to obtain proof to the fact.
Creation of a Committee to review the SLEBC Health Insurance Program.
Per Section 10 Petersen can appoint committees as he sees fit, however, the Committee was created to review the Health Insurance which is a SLEBC issue not a STAN issue. If the Committee was for review of the Health Insurance to assist in education our members of the benefits I believe the committee could have proceeded as created. The Committee however recommended changing our agent of record which would be a SLEBC matter not a STAN matter. Additionally there are no reports, records, notes, or minutes of any meetings or discussions of the Insurance Committee in violation of the By-Laws and Roberts Rules of Order. The Committee was made up of Petersen, Von Minden, Black, and Eberle.
Presentation of all items by Petersen and Von Minden at the SLEBC Board meeting on December 3, 2009.
Petersen and Von Minden presented recommendations to the SLEBC board reference the Insurance Program, the replacement of Keith Schmidt, and the replacement of Harvey Wiltsey on December 3, 2009. Seventeen days later, at the December 20th meeting is when they introduced these items to the STAN Board for a vote of approval.
Presentation of Linie Humpal as the acting agent of record for SLEBC insurance at the December 3, 2009, SLEBC meeting.
Linie Humpal is a person who had every opportunity to handle our insurance program previously. Humpal was one of the entities who had bid for our insurance previously but his bids were higher therefore he did not get our business. I question the wisdom in using someone who had previously failed to get our business in the past due to cost and implementing them without a bidding process. This recommendation had also been presented to the SLEBC Board without the approval of the STAN Board.
The presentation of Ex 4 Resolution by David Domina and Domina Law Group.
On December 20, 2009, David Domina attended the STAN Board meeting. Domina presented legal documents and provided legal advice to the STAN Board during the meeting. In the same meeting was the first mention of, or proposal to remove, Vince Valentino as the STAN attorney. David Domina has never been recommended or approved as the STAN attorney.
Petersen calling the December 3, 2009, SLEBC meeting.
Petersen changed the date of the meeting originally scheduled for December 4, 2009 to December 3, 2009 stating emergency reasons. Special Meetings may be called at any time with reasonable notice by any 2 officers or by any 4 directors. The meeting was called with only a few hours notice by Petersen which does not meet the requirements for a Special Meeting.
Multiple issues reference the January 5, 2010, SLEBC meeting.
The statement “there being no minutes from the Emergency meeting on December 3, 2009. I have a copy of the minutes from the December 3, 2009 meeting.
The first mention or documentation of an insurance committee created by Petersen.
The first mention that STAN had retained attorney, David Domina, to investigate SLEBC’s insurance program. It was stated that the paperwork and documents Harvey Wiltsey did not turn over to the Board were never officially requested.
Discussion as to why Vince Valentino was not present at the meeting. The Board was informed Petersen relieved Valentino of his duties on insurance matters due to his close relationship with Harvey Wiltsey.
The presentation of Resolution 20 10-1. I am currently attempting to retain a copy of said resolution for review.
All these items come directly from the minutes of the January 5, 2010, SLEBC meeting.
Actions of Petersen and Von Minden have resulted in the filing of a lawsuit by Harvey Wiltsey.
Harvey Wiltsey has filed a lawsuit against SLEBC, the SLEBC Board, and has individually named Brian Petersen and Kurt Von Minden.
Actions of Petersen have resulted in Matt Andrews retaining an attorney to pursue a possible lawsuit against Brian Petersen for unfair labor practices and violations of the By-Laws reference SLEBC.
Matt Andrews has retained an attorney and is pursuing a possible lawsuit against Petersen. Petersen violated SLEBC by-laws and fair labor practices with his actions of the December 3, 2009, meeting as well as Insurance Issues.
The alienation of the Game and Parks and Fire Marshals.
The actions of Petersen and Von Minden have destroyed the relationships with the Game and Parks and Fire Marshals who are the other 2 member organizations of SLEBC. As a result SLEBC is in turmoil and not in any form or capacity to deal with the issues being brought forward to include a possible wage freeze or layoffs. In addition we are entering a bargaining year and we have no solidarity or trust amongst the members of SLEBC. Game and Parks and Fire Marshals have both told me they are considering the idea of a vote of no confidence reference Petersen and Von Minden. An event of that nature could have devastating results to SLEBC and our bargaining unit.
ERISA requirements and Form 5500
There has been a lot of attention surrounding ERISA and Form 5500. This is basically a regulatory disclosure form. Through research and educating myself about ERISA and Form 5500, I learned of numerous Department of Labor regulatory interpretations of systems that mirror our system. Each of the entities referred to in the letters are exempt from the ERISA and Form 5500 requirements. As I understand it this has been one of the issues presented reference Harvey Witlsey, Keith Schmidt, and Vince Valentino. As I also understand it David Domina has presented this as being an issue with both the STAN Board and the SLEBC Board that we have not been filing the ERISA paperwork and Form 5500 and he feels we are required to do so. Again, based on my findings, STAN and SLEBC are exempt from needing to file this paperwork.
There are several other rumors that make all sorts of allegations. I am not interested in pursuing rumors. I want to address the issues that are in black and white and can be substantiated. All of the items above are factual and I can provide all documentation to prove the facts presented.
A few other important facts.
STAN does not have any statutory authority to bargain a contract. SLEBC is the entity with the statutory authority. For those who question why we need to have a good relationship with Game and Parks and Fire Marshals. If SLEBC breaks apart or would be disbanded for any reason we would no longer have any authority to bargain a contract with the State. We would either go under NAPE or be non-contract employees. I am still looking into what would happen. Either way we lose big.
Many of you may not know there have been senators who would like to change our retirement. Instead of a defined benefit as we have now they would like to change ours to a defined contribution like all other state employees. You would get nowhere close to 75 percent of your wages at retirement; in addition, you would not be retiring at 50 years of age.
As I already briefly mentioned earlier all other state employees have been asked to take a wage freeze or face layoffs. I have been told we have not been requested to do this yet but I believe it will be coming very soon.
Because of the items outlined above I am very concerned about the future of STAN and SLEBC. If you have any questions or concerns feel free to contact me at 402-292-1124 or by email cgk346@msn.com. Thanks for your time.
Respectfully,
Christopher Kober
05.31.08
The Nebraska Trooper
Click the link for a PDF version of The Nebraska Trooper Vol 26 Ed 1
This version released spring of 2008.
05.24.08
Child Advocacy Center.
STAN supports the Child Advocacy Center. If you would like to help the Child Advocacy Center also, please click on the link below.
2008 STAN Scholarships Announced
Please follow this link to read the News Release on the recipients of the 2008 STAN “Ultimate Sacrifice” Scholarships.
2008 scholarships news release
12.29.07
The Nebraska Trooper
Click the link for a PDF version of The Nebraska Trooper vol 25 ed 3
This version was originally released during the Winter of 2007.
09.29.07
The Nebraska Trooper
Click the link for a PDF version of The Nebraska Trooper vol 25 ed 2
The version was originaly released during the Summer of 2007.
03.31.07
The Nebraska Trooper
Click the link for a PDF version of The Nebraska Trooper Vol 25 Ed 1
This version was originally released during the Spring of 2007.
