Charges dropped against Brooklyn Park pastor accused of underpaying nonprofit workers

BROOKLYN PARK, Minn. (FOX 9) - A Brooklyn Park bishop who leads a violence prevention nonprofit is speaking out after wage theft charges against him were dismissed by a judge.

Details on the wage dispute and legal battle

What we know:

Bishop Harding Smith, who runs the group Minnesota Acts Now, was accused of not paying his nonprofit employees the $35 an hour wage required by contract with Hennepin County. Smith admitted to paying them $20 an hour, saying, the understanding by everyone was that the requirement was ‘up to’ $35 an hour.

Smith’s attorney, Jordan Kushner, said, "I know the payroll was looked at by the city of Brooklyn Park. It was administered by the county. I mean, he had the payroll done professionally through ADP that does almost all payrolls. And so the information was out there. And so if there was a problem, it was because the people administering the contract weren't scrutinizing it enough."

Smith is not accused of using the money for personal gain. He said he used funding to buy a distressed building for a youth empowerment center and purchased an old van to transport youth to activities.

Smith and his attorney argue the case was driven by a vendetta from Hennepin County Attorney Mary Moriarity. Kushner said, "We haven't figured that out. We don't know what political connection she has with people who are involved in this. We know that Bishop Harding Smith has taken positions on the city elections in Brooklyn Park. It might be that people he's opposed have political alliances with Mary Moriarity. I don't know that for certain."

Smith stated, "Not one single employee has shown up to court to say Bishop didn't pay me. During the five years, I have not been sued in small claims court or civil court by any employee to say, Bishop committed waste theft against me. I had over 50 employees that worked for me."

Hennepin County Attorney's Office responds

No evidence was provided to support the claim against Moriarity, and her office declined to comment on that issue.

The Hennepin County Attorney’s Office said in a statement that they disagreed with the court’s decision to dismiss the charges, adding, "Today’s dismissal was the court’s decision regarding the timelines of the case, not due to lack of evidence."

Local perspective:

Minnesota Acts Now has been active in violence prevention efforts in Brooklyn Park for years. Smith’s role as a community leader and the nonprofit’s work have made this case closely watched in the area.

Many in the community are paying attention to the legal battles surrounding Smith and his organization, given their involvement in local youth programs and city politics.

A separate theft by swindle case against Minnesota Acts Now is scheduled for trial in January.

What we don't know:

It is not clear what evidence will be presented in the upcoming theft by swindle trial or how the court will rule. The specific motivations behind the original wage theft charges and their dismissal, beyond the official statements, remain unconfirmed.