Findings by a private law firm, engaged by the Antelope County Commissioners to investigate one of their own, was made public recently,

after the investigation itself became the focus in efforts to recall two commissioners.

Woods & Aitken LLP, a firm with offices in Lincoln and Omaha, was hired to conduct an independent investigation of Eli Jacob, Antelope County commissioner and former road department worker, after he was accused of the theft of a heater and other items, according a memorandum sent by the firm. Pam Bourne, a labor and employment attorney with the firm, conducted the investigation, according to Antelope County Clerk Lisa Payne.

A motion by Commissioner Dean Smith of Brunswick was approved at the board's Feb. 12 meeting, to engage the firm "for labor and employment issues," with all five commissioners, Tom Borer, Smith, Allan Bentley, Jacob and Charlie Henery, voting aye.

Jacob, who resides in Clearwater, was charged Feb. 22 with a Class 2 misdemeanor count of theft by unlawful taking, for the alleged theft of a heater from the Orchard county shop Jan. 16.

In addition to the offense alleged in the current court case, the Woods & Aitken document alleges interviews with county road crew members uncovered two other instances of the county official self-appropriating county property.

The report stated, "Employees recounted an incident where the county had sold a payloader at an auction. The payloader included an attachment for use with a different brand of truck, which was not included in the auction. The buyer agreed to pay $500 for it and pick it up at a later time. After the attachment had sat on county property for over a year, it disappeared," the report stated, alleging the commissioner had taken it.

The report also included an allegation that the county official had taken a new part intended for a truck that had been sold.

The memorandum indicated Jacob did not deny taking property from the county, claiming a right to dispose of "de minimis" valued property as he sees fit.

The report further stated, "Jacob states that, in particular, excess construction materials and items which were deemed dangerous or hazardous by state inspectors, such as broken ladders, would be removed and given to employees or taxpayers. Jacob admits there was no finding that the heater in question or the other items he admits to taking were deemed dangerous or hazardous. He said he intended to convert the heater to work on propane and provide it to a taxpayer, 'and if I decided to keep it, that taxpayer would be me.'"

The two county leaders named for potential recall submitted responses last week to allegations listed on petition affidavits.

Documents were filed July 8 in the office of the Antelope County clerk by Bethany Miller of Elgin and Jack Allemang of Clearwater, in the effort to recall Borer of Elgin, chairman of the board, and Bentley of Neligh, a commissioner, respectively. Both were elected last year and took office in January.

Miller's affidavit charged Borer with mismanagement of county funds, spending money on an outside attorney after a state patrol investigation, misappropriation of taxpayer dollars and mistreatment of elected officials, including waging public wars, refusing to allow them to speak and making unethical comments.

In a statement, filed last Wednesday, July 31, Borer denied the allegations.

"All allegations against me are false, brought about by people with questionable motives," Borer wrote. "One commissioner cannot make policy or other decisions alone. There is discussion on topics and majority vote rules. The chairman is responsible for running orderly meetings and following the open meeting laws, all elected officials need to follow this law."

Allemang's affidavit for the recall of Bentley was similar, citing mismanagement of funds, spending money on an outside attorney after a state patrol investigation, misappropriation of funds and mistreatment of elected officials, with an additional allegation that he sent texts with false information and blamed those messages on alcohol consumption.

On Thursday, Aug. 1, Bentley responded, "All allegations against me are false. No single commissioner makes any policy or financial decision, must always be majority vote. Investigation uncovered several thefts by county official; actually saved county thousands in back wages. This recall appears to be an attempt to undo recent election results, so by law three people: county clerk, treasurer and attorney can hand pick new commissioners."

Petitions were checked out to the two principal circulators last Friday, Aug. 3. Miller and Allemang have until Sept. 3 to returned signed petitions to the county clerk's office, according to Payne. By law, they have 30 days, but the deadline falls on a holiday weekend, resulting in the Tuesday, Sept. 3 deadline.

Payne's staff will then have 15 days to verify the signatures.

According to Nebraska state law, the petitioners must collect signatures from registered voters equaling 35% of the number of votes cast for the person receiving the most votes for each respective office in the last general election – 203 signatures for the recall of Borer, who was elected to represent District 5, and 135 signatures for the effort against Bentley, elected in District 3.

"If enough signatures, we will plan an election – between 35 - 80 days," Payne said. "If there are not enough signatures, it drops and business goes on as usual."

In the event the drive for a recall is validated, and one or both of the officials are recalled, the vacancy will be advertised, with candidates interviewed and appointed by a three-member committee - County Attorney Joe Abler, County Treasurer Deb Branstiter and Payne, as provided by Nebraska statute when less than half of a governing body is recalled.

Although it does not come into play in the current case, state law further provides: "If there are vacancies in the offices of one-half or more of the members of any governing body at one time due to the recall of such members, a special election to fill such vacancies shall be conducted as expeditiously as possible by the Secretary of State, election commissioner, or county clerk."

According to minutes of the county commissioners July 23 meeting, the officials voted 3-2 on two separate motions regarding the Woods and Aitken findings - first to "revoke attorney/client priviliges with Woods and Aitken," and secondly, to "release the investigation, with all names and locations redacted, leaving the name of the person of which the investigation was intended."

The minutes also included the following: "Borer stated that the employee handbook says you can only have an employee on unpaid leave 60 days. Commissioner Bentley stated, 'the NIRMA (Nebraska Intergovernmental Risk Management Agency) attorney recommended the state patrol investigation could last a year, and she recommended that we hire this investigative firm and the reason was exactly, because, you can only suspend an employee for 60 days. After that they have to be reinstated with full benefits or let go.' In essence, the findings of the investigation, 'we saved the taxpayers the amount of money of that employee's paycheck, and maybe further (losses) of taxpayer assets.'"

Smith made the first motion, seconded by Bentley, with Borer, Smith and Bentley voting aye; while Jacob and Henery voted nay. The second motion was offered by Bentley, seconded by Borer, with the same voting outcome.

Jacob pleaded not guilty when he was arraigned in county court March 6. His next court appearance is scheduled Aug. 21 in the Antelope County courtroom in Neligh. He is represented by Doug Stratton and Jason Doele of Norfolk.

Jacob's employment as a county road and bridge department worker was terminated during the May 7 commissioners' meeting, following a lengthy executive session. The motion to end Jacob's employment came from Smith. Bentley seconded the motion, which passed on a 4-0 vote. Jacob abstained. He retains his position as a county commissioner.