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Staff writer

For the third time since 2007, St. Francis City Councilmember LeRoy Schaffer has been censured by his peers.

The St. Francis City Council voted 4-0 Nov. 2 to censure Schaffer.

Schaffer did not vote or abstain from the vote.

According to the resolution, “Schaffer will not have further direct contact with city staff (including but not limited to face-to-face meetings and telephone calls) other than (written request to City Administrator Matt Hylen)...except as such contact is specifically authorized in advance by the city administrator.”

“If Schaffer needs information, he can write to (Hylen) who will respond or will direct staff to respond.”

Schaffer’s written comments or requests will be delivered to Hylen by Councilmember Jeff Sandoval.

Schaffer was censured for his actions and comments made to Public Works Director Paul Teicher and Hylen following the July 20 council meeting.

According to an investigation report done by attorney Susan Sheely of the law firm Barna, Guzy & Steffen, Schaffer was upset about not being able to comment on the resignation of a public works employee during the meeting.

Witnesses said Schaffer verbally attacked Teicher in a very loud voice.

Teicher told the investigator that Schaffer told him he was wrong with respect to the employee resignation issue, that the situation was wrong and that Teicher was a bigot for not firing them all (the employees are all white).

According to the witnesses, Schaffer yelled “Why don’t you just fire them all?”

According to the investigation report, Hylen confronted Schaffer saying “Mr. Schaffer, please, do not talk to my employees like that.”

Hylen told the investigator he had to say it repeatedly and loudly to get Schaffer to hear him.

Schaffer said, “Well, am I allowed to talk to you like that?”

“Yes, but not my employees,” Hylen said.

According to witnesses, Schaffer left with no further comment.

Sheely’s investigation found Schaffer had violated the city policy against harassment, as well as the council member’s pledge to treat city staff with respect and dignity, set an example for others to follow and the high standards becoming of a St. Francis elected official, which includes a duty to ensure that the council members do not harass or verbally abuse staff.

“Schaffer’s conduct was of a serious and substantial nature directly affecting the rights and interests of the public to be free of harassment; was wrongful conduct that affected, interrupted and interfered with the public works director’s performance of his official duties and accordingly constitutes misfeasance in office,” according to Sheely’s report.

Although Schaffer had agreed to participate in the investigation, he later refused to talk to the investigator.

According to the investigation, when Schaffer arrived at his interview, for which he set the time and location, he presented Sheely with a letter.

The letter stated, “I do not believe the mayor or the city administrator has the authority to perform investigations unless directed by the city council as whole.

“I believe it is unethical for your law firm to engage in this investigation and I am filing a complaint with the Lawyers Board of Professional Responsibility.”

A representative from the Lawyers Board of Professional Responsibility could not confirm if it had received a complaint from Schaffer.

Past censures

This is the third censure Schaffer has received for his behavior.

The first censure occurred Dec. 18, 2007 for engaging in harassing and offensive behavior while in his role as council member while at a St. Francis Ambassador’s spaghetti dinner.

He was censured a second time on May 18, 2009 for verbally attacking fellow Councilmember Tim Brown’s 19-year-old daughter while she was at work.

When residents tried to recall him, Schaffer took his case to Anoka County District Court to try and stop the vote, but failed.

The court found “Schaffer’s conduct was legally sufficient to constitute a prima facie showing of malfeasance: the duties of elected officials extend beyond attending council meetings and voting. Council members are powerful representatives of the city. Misconduct at civic functions and meetings exposes the city to civil liability, brings disrepute and may impair important community goodwill and relationships.”

But Schaffer survived the recall vote.

Final words

After the council vote to censure him, Schaffer requested the council approve a motion requiring Hylen to treat him, his family and his associates with dignity and respect.

Schaffer also wanted Hylen to apology to his girlfriend for Hylen’s alleged rude behavior.

According to Mayor Jerry Tveit, Schaffer’s girlfriend had asked Hylen a question at the Oct. 19 council meeting and found his tone to be rude.

The motion received a 1-1 vote. Mayor Jerry Tveit voted against it. Schaffer voted for the motion.

Tveit has never witnessed Hylen being rude, derogatory or having an “in your face” attitude with people, he said.

At the time of the incident, Schaffer downplayed the situation, Tveit said.

Councilmembers Steve Kane, Sandoval and Brown did not vote.

“I have no idea what was said or what happened. It would be voting on something without the facts,” Brown said.

Without knowing the facts, Brown said he could not vote on it.

In the past, Hylen has been rude to his roommate Chester Graham and “his girl,” Schaffer said.

When Tveit asked if Schaffer wanted this incident investigated, Schaffer said he wants an apology for his girlfriend or Hylen to resign or be fired.

The city does not need to spend money to investigate this, he said.

“I want this man to apologize to my woman,” Schaffer said.

The council will need to have it investigated first before ordering an employee to apologize, Tveit said.

Schaffer said if Hylen does not apologize, then he wants the incident investigated.

Tammy Sakry is at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it