Whiting calls on Luce to resign after police investigation

Shakopee Valley News

On Tuesday, Shakopee City Councilor Mike Luce asked for an investigation into allegations of misuse of funds by Councilor Jay Whiting. But by Wednesday, the Shakopee Police Department had closed the case, and Whiting is now calling on Luce to resign his seat on the council. 

City Councilor Mike Luce went to the sheriff's office in Shakopee on Tuesday with a letter from the Minnesota Attorney General's office in hand.

Luce went to report that he had heard from others that fellow City Councilor Jay Whiting was misusing funds from the Shakopee Heritage Society and that Whiting had been connected to similar issues in the past, namely Derby Days, according to a letter detailing Luce's claims from the Scott County Sheriff's Office to the Shakopee Police Department.

Now, Whiting is calling on — and wants other Shakopee residents to call on — Luce to resign from the Shakopee City Council.

Why? 

"Everything that's stated in (the report) is complete fabrication," Whiting said. "I think he should resign ... I'm asking for the public to ask for his resignation also. I don't see him helping the city anymore."

Luce declined to comment, deferring to his attorney. His attorney has not responded to a request for comment.

The report

Luce originally wrote a letter to the Minnesota Attorney General's Office in late August with the allegations against Whiting. In a letter back, the office recommended Luce go to the Shakopee Police Department or the Scott County Sheriff's Office.

In the letter from the sheriff's office to the police department, Scott County Sheriff Luke Hennen wrote that Luce "stated that he has no personal knowledge, evidence, or facts of the case" but "he waited to file a report because some of the information has come over time and many people are afraid to stand up to the situation."

The letter said Luce heard the funds from the society were used for a personal project restoring a historical truck and that Whiting had garnered these funds through his wife, who has been treasurer of the society since spring.

The society bought an old soda delivery truck, a 1941 Chevy, from a farmer in 2006 for $1,500 to restore it, according to a 2011 Shakopee Valley News story Whiting wrote about the restoration.

Some of the board members didn't like the project, Whiting said.

"To keep the peace, I purchased the society's interest and started the project on my own," Whiting wrote in the story.

Whiting paid the society a $400 deposit and then $1,200 a few months later in 2007 for the truck, according to Shakopee Heritage Society receipts. 

The investigation

The Scott County Sheriff's Office referred the case to the Shakopee Police Department, since the "alleged crime would have occurred in (Shakopee)."

Luce told the sheriff's office he went to their office rather than the police department because he believed it would be a conflict of interest for the police to investigate since Whiting is a city councilor.

Shakopee Police Chief Jeff Tate said the department has investigated city councilors and city staff before with no issues.

"The sheriff contacted me and we both agreed this is not a conflict case — that was a mutual agreement," Tate said. "We've dealt with city employees before, we've dealt with council members (and) their family before. It's nothing new. It's nothing out of the ordinary."

The department also sent its findings to the Scott County Attorney's Office, Tate said.

"There was an independent eye that looked at this and agreed with our findings," Tate said. "I have every bit of confidence in the world that our sergeant of investigation can do a fair and impartial investigation."

According to the sheriff's office letter, Luce said Shakopee Heritage Society Director Don McNeil would "tell the truth if asked" regarding the allegations.

McNeil told the Valley News he was interviewed by a Shakopee Police Department detective, who asked if Whiting or anyone else used heritage society funds improperly.

"Like I told (the police), I'm not aware of anybody misusing or attempting to do that," McNeil said. "We had a pretty tight group that was watching every nickel that we had to work with. I am not aware of anything like that."

Tate said it quickly became clear Luce's report was unfounded, and the case was closed.

"It didn't take long to realize that these allegations — there was nothing there," Tate said.

If Luce brought forward more solid evidence, Tate said the department would pursue the case further.

The police also interviewed Luce and contacted the prosecutor's office to see if there was enough evidence to charge Luce for filing a false police report but there wasn't enough evidence, Tate said.

Tate said there would have had to been evidence that Luce knew the allegations were false and filed a report anyway.

Whiting said he was contacted by someone who had been interviewed by the police and wanted him to know the department was looking into possible misuse of funds.

"It came as a shock to me," Whiting said. "I have not stolen a dime from any group in this city or any city — to be challenged like that is a slap in the face for my integrity. It's just a sad day for Shakopee."

Whiting said he will ask Luce to resign during the public comment portion of the Sept. 19 council meeting.