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 Aiding fight against cancer

Newberg will know the name Gougler

Longtime Dundee officer finds his future in Sherwood

Sundeen hearing set for August

Judge Terry Mahr cites conflict of interest and recuses himself from hearing arguments

By Gunnar Olson, Newberg Graphic reporter
E-mail Gunnar at golson@eaglenewspapers.com
   Dundee City Councilor Don Sundeen said he didn’t know for what, exactly, he was pleading not guilty.
   The citation – issued by Dundee Police Chief Dan Hess on June 7 – is for failure to obey a police officer.    The incident prompting the citation occurred on June 4 at the scene of a traffic accident on Highway 99W in Dundee.
   “I really honestly don’t know what I didn’t obey,” Sundeen, who is running for mayor, said at his arraignment Thursday at Dundee City Hall. “That’s the bottom line.”
   Sundeen said he needed to know, in more concrete terminology than was provided on the citation, what it was he did wrong in order to prepare a defense. Judge Terry Mahr recommended Sundeen request available information from the city attorney.
   Mahr, however, won’t preside over the hearing. Mahr said that Sundeen, as a city councilor, was ultimately his boss and cited a conflict of interest in the matter before recusing himself.    Mahr offered Sundeen the choice of appearing in circuit court or in Dundee municipal court with another judge.
Sundeen chose the latter, and consequently Mahr scheduled Sundeen’s hearing for Aug. 19, the next court date for which Mahr had been able to find another judge.
   An out-of-the-area judge will hear the differing accounts of the incident from the city councilor and chief of police.
   Sundeen has declined to go into detail about his version of the events, saying he’ll save any public statements for the judge. Hess said he was directing traffic at the scene of an accident when a driver ignored his signals; Hess declined to speculate on whether it was intentional or out of negligence.
   Though the Class B traffic violation carries only a possible $215 fine, the incident could have a ripple effect on other issues the city is facing, namely an executive session the city council is planning to discuss rumors about Hess.
   The council will enter executive session in a special meeting on June 28 — originally slated for the upcoming city council meeting — to discuss complaints councilors have heard regarding the police department and to allow legitimate grievances to be sorted from rumors.
   At least one Dundee resident, Bret Lieuallen, a candidate for city council, has called for Sundeen to recuse himself from the executive session, citing a conflict of interest.
 

From June 19, 2004, Newberg Graphic
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