Board counsel says no timely hearing request was produced in Boyer disciplinary matter

Mr. Dean, counsel for the board, presented the procedural history and asked that the document packet be marked Board Exhibit 1 and entered into the record.

“On Aug. 17 the board issued the formal disciplinary charges against Nicholas Boyer,” Mr. Dean said, describing email delivery to counsel and certified mail to the Cass County Sheriff's Department. He told the board certified mail reached the Sheriff's Department on Aug. 20 and that no timely hearing request had been produced to board staff, the town clerk, or the council.

Mr. Dean said he contacted respondent counsel Patrick Baker on Aug. 26 and again Aug. 31 seeking documentation of any claimed hearing request; Baker later asserted a request existed and asked to reset the matter into October, but no timely request was shown to the board. Based on that account the board concluded it was not timely to hold the evidentiary disciplinary hearing previously offered.