County Board Receives Special Counsel Report On Commissioner

The Berrien County Board of Commissioners has received a report from special counsel John Dewane on an investigation into potential conflicts of interest involving Commissioner Teri Freehling. The investigation stemmed out of a lawsuit against Freehling, the estate of her late husband, and the Berrien County Drain Commissioner. It alleges Freehling voted to approve some drain projects that would be done by a contractor using equipment rented from an LLC owned by the late Patrick Freehling. A review of the case by the Berrien County Prosecutor’s office found no basis for criminal charges, and Judge Dewane’s report, released Thursday, has found Freehling did not violate disclosure rules. However, the report also says “good policy may suggest [the] Board encourage a higher level of transparency.” Berrien County Board of Commissioners Chair Mac Elliott agrees.

“It’s incumbent upon us to avoid anything that appears improper,” Elliott said. “Even if it may be legal, we want to hit a higher mark, an ethical mark.”

That’s why Elliott has suspended Freehling from the Personnel and Human Services Committee for 60 days.

“One of the few things I have authority to do is the assignments to the standing committees. So Commissioner Freehling is still assigned to PHS, but she will stand down from participating in committee business for the next 60 days, will not attend those meetings.”

Elliott says he took the action to underscore the importance of maintaining fidelity to the board’s bylaws. Additionally, the county commission’s bylaws are being tightened to essentially say, “When in doubt, disclose it.”

“Our bylaws, as written, have some gaps in that section, 4.2. That’ll be fixed next week.”

Elliot says he doesn’t believe anyone wanted to see a commissioner facing charges, and so he’s glad a review by Berrien County Prosecutor Michael Sepic led to none. Dewane’s report says he has “spoken to Assistant Attorney General Michael G. Frezza, who heads the Public Integrity Unit, and who concurred with Prosecuting Attorney Sepic’s decision.” Freehling did not have comment after Thursday’s meeting due to the ongoing civil suit.