GOOD THUNDER — A Blue Earth County jury awarded more than $3.1 million to former Good Thunder City Clerk Ashney Helleksen after finding the city unlawfully retaliated against her for reporting suspected legal violations and for engaging in protected activity.
The verdict found that Helleksen’s report of a violation or suspected violation of law, as well as her participation in an investigation by the Minnesota Office of the State Auditor, was a motivating factor in the city’s decision to discharge or otherwise penalize her.
The jury awarded Helleksen $600,000 in compensatory damages for emotional distress and wage loss. It also awarded $2.5 million in punitive damages, bringing the total award to $3.1 million.
According to court documents, Helleksen filed suit after her April 2023 termination as clerk, alleging violations of the Minnesota Whistleblower Act and the Minnesota Human Rights Act.
According to the civil complaint filed in February 2024, Helleksen was hired as city clerk in 2019 and later reported what she believed was harassment by then-Councilmember Ron Kaul, retaliation after raising workplace concerns and sex discrimination.
The lawsuit claims that in 2021 and 2022 she was in contact with the OSA regarding concerns involving then-Mayor Robert Anderson’s participation in city business transactions that she believed involved conflicts of interest, embezzlement, fraud and other improper conduct. Helleksen said she provided documents and information to investigators during the auditor’s investigation.
In October 2022, Anderson was charged in Blue Earth County with felony embezzlement of public funds, theft, theft by swindle and multiple gross misdemeanor conflict-of-interest charges after an investigation initiated from information provided by the OSA. Though Anderson denied wrongdoing at the time, prosecutors alleged he improperly participated in city transactions that financially benefited him or his businesses, including a city property purchase, contracting work and purchases of concrete and hauling services.
The complaint alleged city officials retaliated against her because they believed she had reported Anderson’s conduct to state authorities and because she repeatedly complained about discrimination and retaliation. Helleksen claimed the retaliation culminated in her termination during a special City Council meeting on April 19, 2023.
The lawsuit sought damages for lost wages, emotional distress, attorney fees and punitive damages.
Lead attorney Anja Sivertson argued that Kaul’s deposition constituted direct evidence that Helleksen’s report to the state was a motivating factor in the city’s decision to terminate her, regardless of whether Kaul characterized it as only a small part of the overall decision.
“Your verdict can recognize what happened, and it can punish what happened, and it can deter it from happening again,” Sivertson said during closing arguments on July 23. “Your verdict can say, when a public employee speaks up, the law means what it says.”