Board repeals contribution to Community Promise Scholarship after questioning legality of use of public funds
The scholarship allows qualified high schoolers in the county to attend Riverland Community College for free up to a certain number of credits.
The program was launched by Riverland in 2022 with the support at that time by the Albert Lea Economic Development Agency, the city of Albert Lea, the county, the Albert Lea-Freeborn County Chamber of Commerce, the Albert Lea Convention and Visitors Bureau and others.
The resolution approved Tuesday stated that after the local scholarship program was approved, the state of Minnesota introduced alternative funding programs that provides similar opportunities to students.
The scholarship funds allocated by the county have not been utilized to date.
The resolution states the allocation of public funds for the scholarship may not align with legal requirements of the Minnesota Public Purpose Doctrine, which mandates public expenditures benefit the community and directly relate to government activity, without primarily benefiting private interests.
"The Freeborn County Board of Commissioners has determined that participating in the funding of the Freeborn County Community Promise Scholarship does not meet the criteria set forth under the Minnesota Public Purpose Doctrine and that the funds should be reallocated to purposes that directly benefit the community and align with legal requirements," it continued.
Fifth District Commissioner Nicole Eckstrom said the scholarship funds have been a concern of hers even back to the time the resolution initially passed. At the time, she was elected for her seat but had not yet been sworn in. She said it raised concerns for her about whether it fit within that public purpose doctrine.
She emphasized she didn't take the action lightly in wanting to undo the resolution from a previous board, and she did not want the public to think the board didn't support those types of programs.
Eckstrom said when a group comes in and asks the county for money, even if it is a commendable purpose, it still has to fit the definition of that doctrine.
She said she wants people to understand that the county did not have legal authority to support the program.
Only two of the existing commissioners were on the board at the time of the original vote — Chairman Brad Edwin and Commissioner Chris Shoff. At that time, it passed 3-2, with commissioners Dan Belshan and Edwin voting against the action.
Shoff said during the Tuesday meeting he did not recall having much time to consider the proposal before it was voted on.
Commissioner Dawn Kaasa said she recalled Belshan questioning the legality of contributing to the program.
Eckstrom said she would let the state auditor's office know of the board's decision, as she had been contacted in 2023 and again at the beginning of 2025 with questions about the county's participation in the program.
County Administrator Melanie Aeschliman said Eckstrom came up with a checklist that can be used for entities coming to the board and requesting money that she said will give the county a good process moving forward.
In other action:
—The board approved a contract with Dodge County for assessor services through June 16. The county shall reimburse Dodge County for the independent contractor's wage and benefits (totaling $59.15 per hour) for the time the individual is in Freeborn County, up to eight hours per pay period.
The board also approved an agreement with Matt Naatz for the services, which include $100 per hour, plus drive time and mileage. Compensation shall not exceed 35 hours per week without prior approval by the Freeborn County administrator.
Aeschliman said she is optimistic the county has a strong candidate it will be pursuing for the permanent position.
—The board voted to establish a policy review committee made up of the board chair, a commissioner, the Human Resources manager, the county administrator and the IT director.
—Approved the union contract with Law Enforcement Labor Services Inc., representing patrol deputies, effective from Jan. 1, 2025, through Dec. 31, 2026.
—Accepted the resignation of Christina Boardman, detective with the Freeborn County Sheriff's Office.
—Accepted a donation from AgCountry for $600 toward the Sheriff's Office K9 fund.
—Awarded the contract for paving on County State Aid Highway 35 and County Road 95 to Ulland Brothers Inc. for about $1.79 million. The project is being funded from unspent road and bridge budget dollars from 2024 that were recommitted for the fund for 2025.
The engineer's estimate was about $2.3 million.
—Approved the contract for culvert projects on County State Aid Highways 1 and 35 to ICON LLC. For $361,243.
The engineer's estimate was about $530,000.
—Approved the contract for a large scale crack sealing project to Fahrner Asphalt Sealers LLC out of Eau Claire for about $196,400.
The county received four bids, and the engineer's estimate was about $758,000.
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Board repeals contribution to Community Promise Scholarship after questioning legality of use of public funds
May 20—The Freeborn County Board of Commissioners on Tuesday voted unanimously to repeal a resolution it made in December 2022 that allowed the county to designate $20,000 a year for five years to the Freeborn County Community Promise Scholarship. The scholarship allows qualified high schoolers in the county to attend Riverland Community College for free up to a certain number of credits. The program was launched by Riverland in 2022 with the support at that time by the Albert Lea Economic Development Agency, the city of Albert Lea, the county, the Albert Lea-Freeborn County Chamber of Commerce, the Albert Lea Convention and Visitors Bureau and others. The resolution approved Tuesday stated that after the local scholarship program was approved, the state of Minnesota introduced alternative funding programs that provides similar opportunities to students. The scholarship funds allocated by the county have not been utilized to date. The resolution states the allocation of public funds for the scholarship may not align with legal requirements of the Minnesota Public Purpose Doctrine, which mandates public expenditures benefit the community and directly relate to government activity, without primarily benefiting private interests. "The Freeborn County Board of Commissioners has determined that participating in the funding of the Freeborn County Community Promise Scholarship does not meet the criteria set forth under the Minnesota Public Purpose Doctrine and that the funds should be reallocated to purposes that directly benefit the community and align with legal requirements," it continued. Fifth District Commissioner Nicole Eckstrom said the scholarship funds have been a concern of hers even back to the time the resolution initially passed. At the time, she was elected for her seat but had not yet been sworn in. She said it raised concerns for her about whether it fit within that public purpose doctrine. She emphasized she didn't take the action lightly in wanting to undo the resolution from a previous board, and she did not want the public to think the board didn't support those types of programs. Eckstrom said when a group comes in and asks the county for money, even if it is a commendable purpose, it still has to fit the definition of that doctrine. She said she wants people to understand that the county did not have legal authority to support the program. Only two of the existing commissioners were on the board at the time of the original vote — Chairman Brad Edwin and Commissioner Chris Shoff. At that time, it passed 3-2, with commissioners Dan Belshan and Edwin voting against the action. Shoff said during the Tuesday meeting he did not recall having much time to consider the proposal before it was voted on. Commissioner Dawn Kaasa said she recalled Belshan questioning the legality of contributing to the program. Eckstrom said she would let the state auditor's office know of the board's decision, as she had been contacted in 2023 and again at the beginning of 2025 with questions about the county's participation in the program. County Administrator Melanie Aeschliman said Eckstrom came up with a checklist that can be used for entities coming to the board and requesting money that she said will give the county a good process moving forward. In other action: —The board approved a contract with Dodge County for assessor services through June 16. The county shall reimburse Dodge County for the independent contractor's wage and benefits (totaling $59.15 per hour) for the time the individual is in Freeborn County, up to eight hours per pay period. The board also approved an agreement with Matt Naatz for the services, which include $100 per hour, plus drive time and mileage. Compensation shall not exceed 35 hours per week without prior approval by the Freeborn County administrator. Aeschliman said she is optimistic the county has a strong candidate it will be pursuing for the permanent position. —The board voted to establish a policy review committee made up of the board chair, a commissioner, the Human Resources manager, the county administrator and the IT director. —Approved the union contract with Law Enforcement Labor Services Inc., representing patrol deputies, effective from Jan. 1, 2025, through Dec. 31, 2026. —Accepted the resignation of Christina Boardman, detective with the Freeborn County Sheriff's Office. —Accepted a donation from AgCountry for $600 toward the Sheriff's Office K9 fund. —Awarded the contract for paving on County State Aid Highway 35 and County Road 95 to Ulland Brothers Inc. for about $1.79 million. The project is being funded from unspent road and bridge budget dollars from 2024 that were recommitted for the fund for 2025. The engineer's estimate was about $2.3 million. —Approved the contract for culvert projects on County State Aid Highways 1 and 35 to ICON LLC. For $361,243. The engineer's estimate was about $530,000. —Approved the contract for a large scale crack sealing project to Fahrner Asphalt Sealers LLC out of Eau Claire for about $196,400. The county received four bids, and the engineer's estimate was about $758,000.
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