In a decision after arguments before the court in January, the court reversed and remanded a district court ruling that the Anoka County Board of Commissioners followed state law when it re-appointed Patricia Preiner of Columbus to her seat on the watershed board at the conclusion of her term in 2019. Circle Pines city leaders contend that the county did not because the city–as it claims, under state law–submitted a list of three nominees from its community that it felt would better represent interests of residents in southeastern Anoka County.
The supreme court, by its decision, wants the district court to reconsider both its interpretation of state statutes regarding watershed board appointments and its decision regarding Circle Pines’ injunction to stop Preiner’s re-appointment, which was now nearly three years ago. Columbus city leaders simply expressed support for Preiner to continue to serving, which the supreme court found was not the same as submitting an official list of nominees.
“A watershed district’s an important part of the community,” said Bartholomay. “It’s just that, here in the United States, we have this thing about representation and taxation, so we’re glad to have more of a seat at the table as we kind of put together a watershed board that then represents all of us.”
In a dissent from the rest of the panel, Chief Justice Lori Gildea wrote she believes the district court matter should not be remanded, and that by its interpretation of the laws, the supreme court reversal is enough. Gildea believes the county made the improper choice when it re-appointed Preiner. Justices Barry Anderson and Natalie Hudson concurred with Gildea’s dissent.
In a statement to North Metro TV News, Anoka County Attorney Tony Palumbo said: “The ruling in this case is not surprising and shows the difficulty of applying this statute as written. Eleven judges have now considered this case and have had at least four different views on how the process is supposed to work. Ultimately, the four justices who signed on to the majority opinion agreed partly with Anoka County’s interpretation and partly with Circle Pines’ interpretation. Cities and Counties will all benefit from this clearer guidance on the nomination and appointment process. This case, already well into its third year, will now go back to district court to consider the parties’ arguments about whether it was permissible for the County Board to appoint the city of Columbus’s preferred nominee.”
The county board also appointed Steve Wagamon earlier this year to the watershed board, despite a joint list of nominees from several cities, including Circle Pines.
North Metro TV News received the following statement from Nick Tomczik, Rice Creek Watershed District Administrator: “The court process and decision are foundational for parties to resolve their concerns. In any event, the RCWD continues to engage in partnership with its cities and counties to address watershed issues. The cities and the counties both play an important role in watershed manager appointment process while the final decision lies with county boards.”
