Berrien County Board Leadership Meets With Special Counsel Investigating Potential Conflicts Of Interest

berriencountyadmin1-4
berriencountyadmin1-4

Berrien County Board of Commissioners chairman Mac Elliott says Special Counsel John Dewane will have the freedom to “follow the arrow wherever it points” in his investigation into allegations Commissioner Terri Sue Freehling failed to fully disclose a conflict of interest regarding county drain commission contracts. The appointment of Dewane followed the announcement by Prosecutor Michael Sepic that no criminal charges would be filed against Freehling, noting it would be “too great” a task to prove any criminal intent beyond a reasonable doubt.

Elliott says commission leadership met with Judge Dewane following Thursday’s board meeting, saying he “will be granted a broad delegation of the necessary power and authority to conduct a thorough investigation, which will include the full cooperation of our all of our Board members and our employees.” Dewane is currently going through the investigative file provided by the prosecutor’s office on the case. Freehling’s alleged conflict of interest came in voting on drain commission contracts for which her late husband was renting some of the heavy equipment. In 2017 and 2018, court records show Patrick Freehling earned over $440,000 in such rentals from Hartzler Excavating, LLC.

Elliott says while the Board appreciates the criminal investigation done by the prosecutor’s office, “the Board’s work is just beginning.”

Here is the full text of the statement provided by Berrien County from Board Chairman Elliott:

“We discussed the scope of his services. Although we appreciate that the criminal investigation has been concluded by the Prosecutor’s Office, the Board’s work is just beginning. We anticipate that Special Counsel Dewane will undertake a complete review of everything that has transpired involving the allegations of Commissioner Freehling’s conflict of interest and the alleged failure to fully disclose the same. The investigative file has already been provided by Prosecutor Sepic, and Judge Dewane is presently going through it. This process will also likely involve contact with various County officials. Special Counsel John Dewane will be granted a broad delegation of the necessary power and authority to conduct a thorough investigation, which will include the full cooperation of our all of our Board members and our employees.

During the course of the meeting with Dewane, Elliott asked him to “follow the arrow wherever it points,” and to advise the Board of Commissioners on any findings which may warrant the imposition of administrative sanctions. In addition to this comprehensive review, the Board of Commissioners anticipates advice and comments on the prospective application of their By-laws to the conflict of interest and disclosure duties of individual Commissioners, including suggested amendments.”