Former Milaca public works employee files lawsuit against city

A former Milaca public works department employee filed a lawsuit against the city on Oct. 1, seeking a jury trial and alleging the city violated the Minnesota Whistleblower Act and Occupational Safety and Health Act.

According to the lawsuit, Mark Wubben began working full-time in the department in 2017 after being hired as a seasonal park maintenance worker in 2015.

The suit alleges that, over the next several years, Wubben raised several concerns about safety violations by city employees, including unsafe chemical handling, sewer access without proper gas detection devices, and confined space entries without proper protective equipment.

He also reported that a co-worker stole a tailgate from a vehicle impounded in the Milaca Police Department lot, and installed it onto his personal vehicle.

The lawsuit states that Wubben reported the theft to public works supervisor Gary Kirkeby, who allegedly did not take action.

Wubben claims to have experienced retaliation from Milaca employees after reporting the safety issues and theft, and viewed comments made by city manager Tammy Pfaff as a threat signaling potential consequences for continued reporting.

He raised the issues to Milaca mayor Dave Dillan and the city council, and on Aug. 14, 2024, to Minnesota Municipal Utilities Association regional safety group coordinator Jason Gorr.

The lawsuit states that Wubben's employment was terminated "effective immediately" on Aug. 16, 2024, and that Pfaff admitted his safety report to Gorr was a factor in the decision.

A statement from the city, as provided by Pfaff, reads: "The City denies the allegations made in the complaint and is confident that the decisions made regarding Mr. Wubben's employment were appropriate."

According to the lawsuit, Wubben is seeking $50,000 in damages for each of the two counts.