ELY – Following the felony indictment last week of a police officer for allegedly engaging in sexual contact with a girl under the age of 18, the city of Ely is seeking to part ways with their veteran law enforcement official.

City Council members directed the city attorney Tuesday night to negotiate a structured resignation agreement with Sgt. Jason A. Carlson, 37, who has been on paid administrative leave since the allegations came to light last April.

Carlson was indicted by a grand jury on one felony count of third-degree criminal sexual conduct, according to St. Louis County Attorney Mark Rubin. The indictment was returned on Oct. 14 and made public last Friday when Carlson made his initial appearance in District Court in Virginia.

He stands accused of engaging in sexual relations with a minor while he was in a position of authority over her. The young woman was at least 16 but younger than 18 at the time of the alleged incident about a year ago. The indictment alleges that Carlson engaged in sexual penetration with the girl. Carlson, of Aurora, is a patrol sergeant and 10-year veteran of the Ely police force.

Police Chief John Lahtonen put Carlson on paid leave when he was made aware of the charges, according to city attorney Kelly Klun. “Based on the balance of public trust it was determined at that point that it was in the best interest of the city to place him on paid administrative leave,” she said.

Klun said the county prosecutor told her that no information regarding the criminal complaint would be made available to the city until the case is settled.

“We expect that a trial could happen, at the earliest, in the spring and it could be longer than that,” Klun said. “It is not uncommon for these matters to run for a year.”

Faced with that timeline, it is very possible that the city of Ely, if they take no action, would be paying Carlson for not working for a year or more.

“We have requested from the (police) union that Mr. Carlson be placed on unpaid leave and they said they would object to that,” Klun said.

“We have also asked that (Carlson) take a discretionary leave, in essence, on his own accord, during this issue, and that also has been rejected,” she said.

At this point, because the city does not have the information necessary to take any disciplinary action against Carlson, the city essentially has the option to bring Carlson back to work, keep him on paid leave or to negotiate a structured resignation agreement.

“If Mr. Carlson is found guilty, he will, by default, be terminated from his position with the city of Ely,” she said.

Carlson has accrued sick pay and vacation time totaling about $22,000, which he stands to lose if he is found guilty.

Klun requested that council members allow her to negotiate a structured resignation that would allow Carlson to be paid his accrued sick and vacation time in exchange for his voluntary resignation from the police force.

“Obviously, a big concern here is taxpayer money,” Klun said. “Mr. Carlson has not been on the job (since April) and could be out for another six-plus months. There are no win-wins here. This is a very difficult situation.”

Mayor Chuck Novak agreed. “This is an unsettling issue for us,” he said. “We are short a police officer. I’m getting calls about enforcement not being done. We are being told there is nothing we can do. We are stuck. There is nowhere we can go from here.”

The charges against Carlson were sealed until last week’s indictment. Sixth Judicial District Judge Gary Pagliaccetti set Carlson’s bail at $15,000 and referred him for supervised release.

The charge came through a secret grand jury process, and not through a written criminal complaint. Additional details about the alleged crime were not made available.

Few cases are presented to grand juries in Minnesota, but it is not uncommon for prosecutors to convene a panel to hear cases involving public officials.

While the age of consent in Minnesota is 16 in most cases, there are some exceptions. Under state law, a person is guilty of third-degree criminal sexual conduct if he engages in sexual penetration with a person who is under the age of 18, is more than four years older than the victim and is in a “position of authority” over the victim.

The charge carries a maximum penalty of 15 years in prison and a $30,000 fine. Carlson’s next court appearance is scheduled for Dec. 21.