Sturgis approves release of investigation findings

During a meeting on Wednesday, September 23, Sturgis City Commissioners voted to release the findings of their outside investigation that was approved during their May 27 meeting. The unanimous decision to release the findings came after a nearly two and a half hour closed session during which commissioners discussed the findings of the investigation, and what would be released to the public. 

Prior to the closed session, commissioners disagreed on the details that should be released and whether they should release the whole investigation without a closed session. 

The initial motion to go into closed session was voted on 4-3 with Commissioners Dan Boring, Justin Wickey, Marvin Smith, and Aaron Miller voting in favor while Commissioners Cathi Abbs, Richard Bir, and Mayor Frank Perez voted no. Falling short of the required two-thirds majority, the motion failed. 

Commissioner Miller questioned the action, wondering what would happen if commissioners decided to do that in perpetuity. 

“What would happen if commissioners in perpetuity, the commission as a whole, keeps voting not to go into closed session for said material? It would be hidden, right?” Miller asked. 

“They are attempting to bury whatever those results are,” City Attorney T.J. Reed said. 

As discussion over whether to enter closed session continued, Mayor Perez questioned the independence of the investigation because Miller Johnson, the law firm conducting the investigation, also works with the city on union negotiations. 

The potential conflict had previously been raised during a June 10 commission meeting, when Commissioner Richard Bir questioned whether Miller Johnson’s existing relationship with the city could affect the independence of the investigation. At the time, Reed said the investigation was being handled by a separate department within Miller Johnson and that he would not be involved. 

Perez argued Wednesday that the firm’s existing relationship with the city called into question whether the investigation could be considered independent. Perez added that he had not read the resolution until Wednesday, which is why he was bringing the issue up on the same day commissioners were voting to release the investigation’s findings. 

Reed urged commissioners to go into closed session and declined to answer questions regarding the investigation until they did so. 

“I don’t know why you voted no,” Reed said, regarding the initial vote against going into closed session. “Obviously there was a discussion beforehand to vote no.” 

Perez said he wanted all of the investigation’s results discussed in open session. Reed, however, said commissioners needed to review the findings in closed session before determining what could legally be released publicly. 

The May 27 resolution authorizing the investigation states that its “contents, findings, and recommendations” would be presented to the commission “for its review, legal review, and future determination to release.” The resolution does not explicitly state that the review must occur in closed session. 

Reed urged commissioners to enter a closed session to review the findings, and determine what could be released without violating state law or other legal restrictions.

“If you go into open session and discuss that, the individual commissioners who discuss it and vote to do that will be in violation. And subject to personal liability,” Reed said. “And you will not have qualified immunity.” 

Eventually, commissioners voted again to go into closed session and discuss the results of the investigation before releasing anything. Commissioners voted 6-1 in favor with Mayor Perez as the lone no vote. 

Vice Mayor Jeff Mullins was absent from Wednesday’s meeting.

Investigation background

The decision to open an investigation came after weeks of Mullins and Miller calling for Perez to step down before attempting to remove and censure him. Mullins and Miller alleged that Perez and other commissioners contributed to an environment that led to former City Manager Andrew Kuk’s resignation. 

Miller also claimed that Perez broke the law multiple times while in office. Commissioners and City Attorney Reed have said details of those allegations could not be publicly disclosed because they stemmed from discussions held during closed sessions on April 8 and 22. Those limitations caused frustration among residents and commissioners who sought greater transparency about what led to Kuk’s resignation. 

Throughout the following weeks, Miller and Mullins continued introducing resolutions seeking to censure Perez, remove him from his mayoral duties, and investigate alleged wrongdoing involving multiple commissioners. Two investigation proposals failed before commissioners unanimously approved an outside investigation on May 27. The investigation included all city commissioners. Perez was absent from the May 27 meeting. 

Kuk’s resignation became effective July 24. Doug Terry has since taken over as interim city manager. 

It was reported during Wednesday’s meeting by City Controller Sadie Griffin that the city paid around $80,000 in legal fees during August 2026 for the investigation. 

This is a developing story and Watershed Voice will provide updates as they become available. Staff Writer Maxwell Knauer is working on securing the investigation findings and will provide coverage once he has done so. 

Maxwell Knauer is a staff writer for Watershed Voice.