Clay, employee reach resignation agreement

A man who was a Clay County employee for nearly 30 years has resigned as part of an agreement that will pay him $28,000.

The Clay County Commission voted unanimously Tuesday to accept the resignation of Lee Livdahl effective April 1, 2008.

According to the resolution approved by the board, the county agreed to pay Livdahl $28,000 "as a full and final payment for release of any and all claims" in return for his resignation.

Livdahl was a maintenance foreman for the county highway department who began working for the county in 1979.

His salary was $56,035.

Mike Rengel, a Fergus Falls, Minn., attorney hired by the county to deal with the matter, said Livdahl had received no pay from the county since April 2008 and was working elsewhere.

"It wasn't a formal leave of absence, but he was on leave," Rengel said.

Rengel said Minnesota's Data Practices Act prevented him from discussing the matter in detail but a disciplinary action had been initiated and Livdahl had requested an independent hearing.

Rengel said the process was put on hold while county officials waited for an appeals court decision in an unrelated Minnesota case that would shed light on whether Livdahl was entitled to an independent hearing.

He said the situation was ultimately resolved through mediation, which resulted in an agreement that was reflected in the commission's resolution Tuesday.

The agreement, handwritten by the mediator and dated Jan. 9, states the county will remove all reference of discipline "for the March 2008 incident."

It also states the agreement is a final settlement between Livdahl and the county regarding employment "and or termination of employment."

Rengel said that because Livdahl resigned before there was a final disposition in the disciplinary action he is prevented by Minnesota law from discussing the underlying circumstances.

Attempts to reach Livdahl for comment Tuesday were not successful.

Readers can reach Forum reporter Dave Olson at (701) 241-5555