Wrangell Sentinel -

The borough assembly held an almost hour-long closed-door executive session Tuesday to discuss litigation stemming from a suit involving borough police department personnel.

Alesa and Jerry McHolland filed the suit in Wrangle Superior Court in November 2013. It alleges wrongful termination, “deliberate and incessant discrimination,” and “intentional infliction of emotional distress.” It accuses former borough Manager Tim Rooney, Police Chief Doug McCloskey, and Lt. Merlin Ehlers of harassing and terminating Alesa McHolland in 2011, when she was employed as a dispatcher and correctional officer for the police department.

The McHollands are asking the court for $750,000 plus attorneys fees and “punitive damages in such amounts as the court deems just and equitable,” according to the suit. In addition to Rooney, McCloskey, and Ehlers, the suit names the borough as a defendant.

The suit cites two instances in detail. A verbal altercation on Nov. 8, 2010, during which Alesa McHolland, confronted by a citizen, used “an admittedly inappropriate hand gesture,” the suit reads in part.

After Alesa reported the altercation, she was placed on administrative leave, the suit reads.

Police officials “treated her (McHolland) more harshly that (sic) fellow department members acting in similar and worse manners while on duty,” the suit reads.

A second incident stems from Feb. 25, 2011, when Alesa McHolland released the cell phone of David McHolland to Jerry “Wayne” McHolland, the couple’s son. The suit claims the phone was in the “personal property locker,” and had not been labeled or taken in as evidence.

Alesa McHolland was told she would lose her job if she

didn’t return the cell phone. Alesa called Wayne, who returned the cell phone “after removing personal messages he had placed on the cell phone while using” it, according to the suit.

In response, police department personnel accused Wayne of “tampering with evidence,” according to the suit, and “unlawfully obtained a search warrant falsely accusing Plaintiffs of tampering with evidence and making other false statements in applying for the search warrant.”

The McHollands filed a complaint with the Alaska Department of Public Safety and the Assistant District Attorney Anne Seaton. Representatives from the Department of Public Safety and the assistant district attorney's office said the complaint fell under neither jurisdiction. The suit alludes to other actions taken by police officials in the period between the cell phone incident in February and Alesa McHolland’s termination in November.

Assembly members Pam McCloskey and Mayor David Jack declared a conflict of interest and did not participate in the executive session. Pam McCloskey is the wife of Police Chief Doug McCloskey. Jack is related to the McHolland family.

Calls to attorneys representing either side went unreturned as of press time. Borough officials said the case was too premature to warrant comment at this time, though the defendants, all of whom are represented by city attorney Bob Blasco, have filed a motion reserving the right to a jury trial, and have filed to have Judge Kevin Miller replaced with Judge Trevor Stephens.

Three members of the public also addressed the assembly.

Shelly Massin objected to a planned approval for the purchase of a right of way on the part of the city. During a subdivision to accommodate a recently constructed shed, city officials discovered that a small portion of the city road, which had been used as a road for some time, had actually belonged to the Massins.

A draft approval before the assembly had offered to buy the land in question, estimated at approximately 155 square feet worth $387.50, plus an electrical easement of a presently undetermined dollar amount.

Massin opposed the measure, in part because set-back ordinances with both the land purchase and the easement could limit her ability to develop parts of her land, she said. The total amount of land would be significantly more.

“I’m not going to accept this motion,” she said.

Assembly members voted to postpone the resolution until a dollar value was determined for the easement. Assembly member Julie Decker also asked for an estimated dollar amount to purchase the easement outright.

“I just want to make sure all our options are on the table,” she said.

Borough Manager Jeff Jabusch said he would obtain those figures in time for the next assembly meeting.

Wayne Kaer told borough assembly members the local cemeteries need more attentive maintenance.

Kaer and his son were visiting his mother’s grave when they became appalled by the condition of the cemeteries.

“It’s disgusting out there,” he said. “There’s graves out there nine and a half feet long. Caretakers run lawnmowers up over the grave.”

At least one head stone appeared to have been buried under Tuesday afternoon, many graves appear sunk in, and aisles between graves weren’t clearly marked.

“It’s embarrassing,” he said.

Patrick McManus, an engineer with the ferry service based in Wrangell, urged the assembly to take a stance against SB 182, which would eliminate a cost of living differential for employees of the Alaska Marine Highway System. The bill is an attempt by the Parnell administration to subvert ongoing negotiations between the Highway System and three unions representing employees using the legislature, McManus said.

The borough assembly also passed unanimously on first reading a series of three ordinances recommend by the ports commission relating to the definition of The Marine Service Center, establishing fees for the imminent arrival of the 300-ton boat lift, and preventing lessees from holding more than one lease.

Those ordinance changes now move to second reading in front of the ports commission before returning to the assembly for a second reading and enactment.

The borough also unanimously approved a no-bid contract for this years household hazardous waste collection services and awarded an engineering design contract for city sewer pump replacement.