mvcdoc.com#0701R01: Rule of Law Series: Due Process -
Stephan Flister, Producer
Air Schedule
10/18/07
11:00 PM
10/19/07
3:30 PM
10/20/07
7:30 AM
10/26/07
3:30 PM
10/27/07
7:30 AM
10/31/07
3:30 PM
11/1/07
7:30 AM
11/2/07
3:30 PM
11/3/07
7:30 AM
11/5/07
11:00 PM
The Maplewood Voters Coalition
believes government power and public resources should always be used for
the public good. Does this always happen?
Due Process examines
the unfolding story of what we view as an attempt by the Maplewood city
council majority to discredit the MVC and to remove MVC Boardmember Dr.
Marlene Palkovich from the Maplewood Police Civil Service Commission
Version R01 of the cablecast is 50 minutes taken from the October 8th special council
meeting at which City Attorney for HR Charles Bethel reviewed his investigations in full public view. The meeting's agenda
item was then tabled without allowing Dr. Palkovich or her attorney Rob Fowler to speak. The first 40 minutes is then repeated
to fill the 90 minute slot.
We expect events will transpire
during the Air Schedule that will lead to updated versions of the cablecast.
This web page will undergo
frequent revision as we work out the form and the story unfolds.
City Attorney for HR Charles Bethel alleges that Maplewood Police Civil Service Commissioner
Dr. Marlene Palkovich, via a call to his personal cell phone, harassed Maplewood Police Officer Steve Palma.
Based on that allegation city officials on 8/29/2007 apparently attempted to stop Dr.
Palkovich from participating in her duties as a Commissioner without allowing her to challenge the allegations. On 10/12/2007 City
officials aired Bethel's version of events - which included allegations about Dr. Palkovich's actions, truthfulness, and motivations;
Officer Palma's state of mind; and the activities of the Maplewood Voters Coalition - without allowing either Dr. Palkovich or others
named to challenge the allegations.
Is this as yet unfinished official action a proper exercise of government power, or is
it a violation of due process and other rights of those involved?
Notes on Due Process
The Wikipedia entry for due
process quotes the US Constitution:
The Fifth Amendment to the United States Constitution says:
“ No person shall be ... deprived of life, liberty, or property, without due process of law .... ”
The Fourteenth Amendment to the United States Constitution says:
“ No State shall ... deprive any person of life, liberty, or property, without due process of law .... ”
the entry goes on with this descriptive paragraph:
Procedural due process is essentially based on the concept of "fundamental fairness". As construed by the courts, it includes an
individual's right to be adequately notified of charges or proceedings, and the opportunity to be heard at these proceedings.
Procedural due process has also been an important factor in the development of the law of personal jurisdiction.
In the United States, criminal prosecutions and civil cases are governed by explicit guarantees of procedural rights under the Bill
of Rights, most of which have been incorporated under the Fourteenth Amendment to the States. Due process has also been construed
to generally protect the individual so that statutes, regulations, and enforcement actions must ensure that no one is deprived of
"life, liberty, or property" without a fair opportunity to affect the judgment or result. This protection extends to all government
proceedings that can result in an individual's deprivation, whether civil or criminal in nature, from parole violation hearings
to administrative hearings regarding government benefits and entitlements to full-blown criminal trials. In criminal cases, many
of these due process protections overlap with procedural protections provided by the Eighth Amendment to the United States Constitution,
which guarantees reliable procedures that protect innocent people from being punished, which would be tantamount to cruel and unusual
punishment.[20]
In 1934 the United States Supreme Court held that due process is violated "if a practice or rule offends some principle of justice
so rooted in the traditions and conscience of our people as to be ranked as fundamental".[21][emphasis added throughout]
Relevant Facts
Dr. Marlene Palkovich is a board member of the Maplewood Voters Coalition (MVC).
Dr. Palkovich is a Maplewood Police
Civil Service Commissioner.
Stephan Flister is the Assistant to the MVC Board
Steve Palma is a Maplewood Police Officer.
Mr. Palma in August 2007 was the Union Steward of LELS #153, the Maplewood patrol officers'
union.
LELS endorsed James Llanas and Rebecca Cave for Maplewood City Council
MVC endorsed Rossbach, Nephew, Llanas, and Dykes.
MVC prepared a voters guide covering all 8 candidates for a 9/5/07 Lillie Newspaper insertion.
In late August 2007 Dr. Palkovich called Steve Palma on his personal cell phone and asked
him who else the union had endorsed besides James Llanas.
Two Versions of the Initial Event
HR Attorney for the City of Maplewood
Bethel's apparent explanation
In late August 2007 Stephan Flister, acting for MVC, somehow obtained a document produced
by LELS #153 about their endorsement process. He carefully selected Dr. Palkovich from the MVC membership based on her Commissioner
status and gave her the document with instructions to contact Officer Palma and intimidate him into changing the LELS endorsement.
What actually happened
In late August 2007 Stephan Flister, acting for MVC, coordinated preparations of the
voters guide for Lillie Press insertion which was to include all known candidate endorsements. Board members, including Dr. Palkovich,
offered time to assist with any tasks to meet the press deadline. Having heard from Llanas via email that he had been endorsed by
LELS, Flister obtained an LELS contact number from Llanas via email and forwarded it to Palkovich so she could determine the other
LELS endorsee for the MVC publication.
Palkovich phones Flister: something like - I have some time.
Who is second police endorsement? Anything I can do to help?
8/20/2007
Flister emails Palkovich: 'Here is LELS number from Llanas.
We have stools, working on mikes [preparations for Forum]'; Palkovich: what
is Llanas' number?;Flister emails Llanas number
20-23 Aug
Palkovich has conversation with LELS (not immediately forthcoming
with endorsing information), informs Flister 2nd endorsement is Cave. We
wonder why an endorsing organization would be reluctant to say who they
endorsed. Isn't publicity the point?
