Posted at: 11/06/2009 7:39 PM
By: Mary Taing

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Future Uncertain for Curt Rude

(ABC 6 NEWS) -- The future for Austin Police Captain Curt Rude is still uncertain.

Both the Austin Police Department and the Austin School Board don't have solid answers to what will happen to Rude's position, as we wait for his sentencing.

Captain Curt Rude has been found guilty of a felony and gross misdemeanor count for taking OxyContin out of a police evidence room.

Under state law, any peace officer that has a felony conviction automatically loses his license.

But in Rude's case, the judge may grant him a statute 152-18 during sentencing, which will wipe away the felony.

"For any first time drug offense, they can receive diversion and it'll be taken off their record after they complete their probationary period," says Olmsted County Assistant Attorney Ross Leuning.

That means the Austin Police Department's Civil Service Commission will likely step in.

"The Civil Service Commission and the legal system are completely separate," says commission member Belita Schindler.

She says the city attorney's office is reviewing any possible licensing implications, and will call in the commission to do an internal investigation if needed.

"The commission would determine what discipline if he need discipline up to and including termination," says Schindler.

Austin Public Schools is also still trying to determine whether or not Rude can continue to serve as a member of the school board.

They are waiting for the Minnesota School Board Association to give them advice.

"I called them this morning and they're in the midst of trying to gather information," Superintendent David Krenz.

The association did say if Rude's felony conviction stands, the school board has the authority to appoint someone else to serve the remainder of his term.

"It's important to understand what we have to do as a school district, but also understand that Curt has rights, and we don't want to infringe on those," says Krenz.

For now, the superintendent says Rude is still a member of the school board, and is expected to show up at the next board meeting on Tuesday.