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Public Law Newsletter | Summer 2015 | Volume XXV | Issue 2

by Jennifer Brask | Jul 24, 2015

2015 Public Law Section Awards

On May 15, 2015, the Public Law Section presented its annual awards of excellence.  The following articles are from presentation comments made at the awards ceremony or from nomination letters submitted on behalf of the recipient.

Rosalie E. Wahl Judicial Award of Excellence: Honorable Waldemar B. Senyk

 

The Honorable Waldemar B. Senyk

Comments from the nomination letter submitted by Heather Brandborg.

I nominate Judge Waldemar Senyk for the Rosalie E Wahl Judicial Award of Excellence.  I have known Judge Waldemar Senyk since I began my employment with the Otter Tail County Attorney’s Office in June of 2005.  Judge Senyk has been a judge in the Seventh Judicial District since 1997.  Judge Senyk is a dedicated public servant and judge and is committed and dedicated to upholding the laws of the State of Minnesota, maintaining public safety, allowing victims a voice, and balancing a defendant’s rights and ensuring those rights are protected.  Judge Senyk is highly regarded in the Otter Tail County community as a reasonable, dedicated, thoughtful judge. 

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Minnesota’s Medical Cannabis Law at Age One

CLE – May 15, 2015

 

The 2015 Public Law Section Annual Meeting CLE held on May 15, 2015 was a presentation by Manny Munson-Regala, Minnesota Department of Health, Paul Beaumaster, Dakota County Attorney’s Office, and Jed Burkett and Patricia Beety from the Minnesota League of Cities on the topic of Minnesota’s Medical Cannabis Law at Age One.  Manny and Paul started the CLE focusing on an overview of the law and an update on its implementation.  Jed then discussed the municipal regulation of medical cannabis facilities.  Pat ended by discussing the implications of the law in the workplace.

CLE Credits:
3.0 CLE credits.

Manny Munson-Regala

  

                      Patricia Beety                                         Jed Burkett



 

Public Law Section Executive Council Elections for 2015-16 

Set out below are the results of the Executive Council Elections held at the Public Law Section Annual Meeting on May 15, 2015.

Co-Chairs (1-year term):
Lisa Godon – Assistant Hennepin County Attorney
Inta Sellars – Co-Chief Human Services Judge, Minnesota Department of Human Services

Secretary: (1-year term):
Patricia Beety – Attorney, League of Minnesota Cities

Treasurer: (1-year term):
Lynn Belgea – Legal Counsel, Data Practices Coordinator, Minnesota Department of Health

Executive Council (1-year term):
Katie Engler – Senior Legal Analyst, Minnesota Department of Public Safety, Bureau of Criminal Apprehension
Hon. Juan Hoyos – District Court Judge, Fourth Judicial District

Executive Council (2-year term):
Dan Abelson – Associate General Counsel, Metropolitan Council
Dave Goslee – Deputy Rochester City Attorney
Melissa Manderschied – Attorney, Kennedy & Graven
Kari Myrold – Assistant Dakota County Attorney
Nancy Norman – Assistant Anoka County Attorney

Returning Council Members (not on ballot, serving the 2nd year of 2-year term):
Margaret Westin – General Counsel, ISD 279, Osseo Area Schools



2015 Minnesota Laws of Interest to Public Lawyers

By Michele L. Timmons, Revisor of Statutes

In 2015, the regular session and first special session were largely devoted to passing a biennial budget for the state of Minnesota.  Here are quick links to the major budget bills:

Ch. 65 -  Public Safety/Courts  S.F. 878        1st Spec. Ch.1  -  Jobs/Econ. Dev.   H.F. 3    

Ch. 69 -  Higher Education       S.F. 5                        1st Spec. Ch. 2 -  Legacy                 S.F. 1

Ch. 71 -  Health/Human Serv.  S.F. 1458       1st Spec. Ch. 3 -  E-12 Education    H.F. 1

Ch. 75 -  Transportation           S.F. 1647       1st Spec. Ch. 4 -  Ag/Environment  S.F. 5

Ch. 77 -  State Government      S.F. 888        1st Spec. Ch. 5 -  Bonding               H.F. 2

In addition to the budget, here are selected policy provisions that may be of interest to public lawyers.    

 

Criminal Law/DWI – Chapter 65, S.F. 878, the omnibus judiciary and public safety finance bill, also contained a number of policy provisions:

            Adulteration by Bodily Fluid.  Art. 6, Secs. 14 and 17, create a new misdemeanor crime for a person who adulterates, with a bodily fluid, any substance that the person knows or should know is intended for human consumption.  Effective for crimes committed on or after August 1, 2015.

            DWI.  Art. 6, Secs. 5-9, lower the “aggravating factor” blood alcohol level from .20 to .16.  Effective for crimes committed on or after August 1, 2015.

            Firearm Permits.  Art. 3, Sec. 32, shortens the list of exclusions from reciprocity for other states’ permits to carry firearms by changing the standard from “not substantially similar” to “not similar”.  Effective July 1, 2015.

            Forfeiture.  Art. 6, Sec. 16, adds financial exploitation of a vulnerable adult to the felony-level forfeiture offenses.  Effective for crimes committed on or after August 1, 2015.

            Implied Consent.  Art. 6, Sec. 10, adds an affirmative defense of necessity in implied consent proceedings.  Effective July 1, 2015.

            Prostitution.  Art. 6, Sec. 11, adds as a 5-year felony when a person hires or agrees to hire an individual who the person reasonably believes to be under the age of 18 years for sex.  Effective for crimes committed on or after August 1, 2015.

            Reckless Driving.  Art. 6, Sec. 3, changes the definition of reckless driving to driving while “aware of and consciously disregarding a substantial and unjustifiable risk” of harm to another or another’s property.  Effective for crimes committed on or after August 1, 2015.

            Suppressors.  Art. 3, Sec. 19, narrows the crime of possession of firearm suppressors from a total prohibition to a prohibition of possession only when the suppressor is not lawfully possessed under federal law.  Effective July 1, 2015. 

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MSBA Public Law Section

Annual Report
2014-15

Section Membership
As of June 17, 2015, the Section has 420 members.
 
Financial Status
The Section had an account balance of $9,541.38 as of April 30, 2015.
 
CLEs & Events
The Section hosted 4 CLE programs in fiscal year 2014-15. 

Program Title

Date

Event Code

CLE Credits

Number of Attendees

Understanding the New Safe & Supportive Schools Act

9/16/14

195459

1.0 Standard

19

MNsure Appeals – Current Trends After One Year

10/17/14

196628

1.0 Standard

49

Legal Considerations Surrounding Transgender Students 3/13/15 202197 1.5 Standard 12

Minnesota’s Medical Cannabis Law At Age One

5/15/15

204959 

3.0 Standard

37

These CLEs are also made available through MSBA’s On Demand CLE Program.
 

Other Events

Date

Number of Attendees

William Mitchell Public Law Practitioner Panel

2/18/15

19

University of Minnesota Public Law Practitioner Panel

2/26/15

49

 
Annual Meeting and Election Results
 
The Section’s Annual Meeting was held on May 15, 2015 and 55 people attended.

The following council members were elected to serve on the Section’s Governing Council from July 1, 2015 to June 30, 2017:
 
Dan Abelson
Katie Engler
Dave Goslee
Juan Hoyos
Melissa Manderschied
Kari Myrold
Nancy Norman
 
The following officers were elected to serve on the Section’s Governing Council from July 1, 2015 to June 30, 2016:
 
Co-Chairs:  Lisa Godon & Inta Sellars
Secretary: Patricia Beety
Treasurer: Lynn Belgea
 
Other Section Accomplishments
The PLS:

  • published two eNewsletters for members
  • amended the Bylaws to permit remote participation in Governing Council meetings and votes
  • updated the Section’s Model Pro Bono Policy for government lawyers
  • eliminated the local government committee due to duplication of efforts with other local government law organizations.
  • established a diversity committee to align with MSBA diversity efforts and adopted a diversity plan
  • supported the MSBA Mock Trial Program with a donation of $200
  • continued to support the Section’s Loaves and Fishes community service project with monetary and volunteer contributions
  • promoted participation of members in the annual holiday Sponsor A Family Program

Submitted By:
Lynn Belgea & Judge Juan Hoyos, Section Co-Chairs
Date 6/25/15



Administrative Law Section Celebrates and Plans for Coming Year

E-Version of Minnesota Administrative Procedure Unveiled

By Beverly Jones Heydinger

The Administrative Law Section held its Annual Meeting on June 3, 2015, at Town and Country Club, celebrated the past year of success and administrative law highlights, bid farewell to long-time section members Jocelyn Olson and Julie Brunner, conducted a little business, and introduced the 2015 E-Version of Minnesota Administrative Procedure.

Following publication of two print versions, George Beck, the principal author and editor of the prior print versions of Minnesota Administrative Procedure, joined with Mehmet Konar-Steenberg and Sean Felhofer, both of William Mitchell College of Law, to digitize the treatise and, with the assistance of several volunteer chapter editors, to update the content. The new version was unveiled at the Annual Meeting, with an explanation of its design, the displays that guide the user to relevant material, and a brief overview of some of the content by Patricia Winget, one of the chapter editors.

The digitized, updated version is now available:  http://web.wmitchell.edu/minnesota-administrative-procedure/ 

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 Public Law Section Public Service Projects           

Loaves and Fishes – April 1, 2015

The Public Law Section volunteers and friends cooked up the famous PLS Tator Tot Hot Dish for the folks at the Loaves and Fishes program at Holy Rosary Church in south Minneapolis.  Thank you to volunteers Ginny Hinzman, Nancy McLean, Greg Brooker, Nancy Gove and daughter Maureen, Jim Alexander, Cedrick Frazier, Margaret Westin, Margaret Olson, Steve Fouts and Kim Mesun.  Also thank you to people who made financial contributions to help pay for the food: Ginny Hinzman, Nancy Gove, Jim Alexander, Nancy Norman, Louis Thayer, Steve Fouts and Kim Mesun.  Finally, thank you to the UW Badger alums who come in with the fresh fruit for the meal and serve and clean up and to Tracy Nordby from Loaves and Fishes who assists us all!

Loaves and Fishes – June 3, 2015                            

Summer saw a change in menu for the PLS Loaves and Fishes meal.  Tator Tot Hot Dish and green beans gave way to beef tacos and corn.  Thank you to food prep workers Laura Booth, Nancy Norman, Nancy McLean, Beth Gloppen, Ginny Hinzman, Tom Kalitowski, Nancy Gove and friend Renee, and Kim Mesun.  Also thank you to food donations and financial donations from Tom Kalitowski, Al Harris, Nancy Norman and Kim Mesun.

The remaining PLS Loaves and Fishes meals for 2015 will be on August 5, October 7, and December 2.  If you would like to help out, please come to Holy Rosary Church at 2424 18th Ave. S., Minneapolis at 3:00.  If you would like more information you can contact Kim Mesun at kim.mesun@mpls.k12.mn.us



Department of Administration

Advisory Opinions Index 

This index uses the Department of Administration’s opinion numbers, dates of opinion, government entity involved and opinion requester.  We add a brief topic description.  Text of the 2015 opinions is available on line at http://www.ipad.state.mn.us/docs/opinions2015.html .

No. of Opinion

Date of Opinion

Gov’t Entity Involved

Topic

Opinion Requester

 

15-001

 

04/03/2015

 

MN Dept. of Health

 

Data Practices Act: Minn. Stat. sections 13.37, 13.591, 13.87, & 152.25

 

Classification of data in materials submitted during the application process by non-registered medical cannabis manufacturers, after a manufacturer is registered

 

 

MDH, Ehlinger

 

15-002

 

05/07/2015

 

Edina City Council

 

Open Meeting Law: Minn. Stat. sections 13D.04 & 13D.05

 

Notice and conduct of closed meetings to review the Edina City Manager’s performance; summary of performance evaluation

 

 

Janovy

 

15-003

 

05/21/2015

 

Foth Infrastructure and Environment, LLC (City of Bloomington consultant)

 

Data Practices Act: Minn. Stat. sections 13.03 & 13.05

 

Obligation of a private business that is a contractor of a government entity to comply with the Data Practices Act and respond to a request for data

 

 

Kysylyczyn

 

 
Prepared by Lynn Belgea


 

News from the Bench

Jon T. Huseby has been appointed as a part-time U. S. magistrate judge.  Huseby graduated from the University of North Dakota School of Law in 2001, after earning a bachelor’s degree from the University of Minnesota and attending the Norwegian University of Science and Technology in Trondheim, Norway.  Huseby also served in the U. S. Army.  Huseby worked as an associate attorney at Hazelton and Rodgers from 2001-2006 and as a staff attorney for the Legal Services of Northwestern Minnesota from 2006 – 2008.  Since 2008, Huseby has worked at the firm of Fuller, Wallner, Cayko, Pederson & Huseby in Bemidji, where he is a partner, specializing in the areas of worker’s compensation, social security disability appeals, and personal injury.

Public Attorneys on the Move

The Board of Trustees of Minnesota State Colleges and Universities appointed Gary Cunningham as general counsel. His appointment becomes effective July 1, 2015.  As general counsel, Cunningham will be a member of senior leadership and will work closely with other members of the cabinet, the presidents, and the Board of Trustees. The role is responsible for leading and coordinating the legal affairs of the system and providing proactive professional advice on critical strategic, legal, and public policy issues.  Cunningham has been serving as assistant general counsel at MnSCU since 2014. From 1986 to 2014, he served the Office of Minnesota Attorney General as an assistant attorney general in the Civil Litigation division and as an assistant attorney general in the Residential Utilities division. He holds a bachelor’s degree from Purdue University and a Juris Doctor from the University of Illinois College of Law.



Super Simple Snicker Cookie Bar Recipe
By Kim Buechel Mesun             

An event is coming up tomorrow and you promised to bring treats.  You are dead tired.  What to do?  Here is a super simple recipe that only requires two ingredients and about ten minutes to put together, plus 25 minutes to bake.

Ingredients:
Large roll of chocolate chip cookie dough
8 full size Snickers candy bars

Preheat oven to 350 degrees.  Coat 9” x 13” cake pan with cooking spray.  Press the cookie dough into the bottom of the pan.  Slice the Snickers bars lengthwise into thirds.  Lay the slices on the cookie dough to cover the dough.  There will be gaps.  Bake for 20-25 minutes, until the cookie dough is golden brown.  Makes 24 cookie bars.

For variety you can also use Milky Way or Three Musketeers candy bars or combine all three.

If I have to bring something for a bake sale, I put a dozen of these bars in a black plastic Chinese food take-out container and add a ribbon.  They sell out every time!



PLS Announcements – for City Attorneys
 

2015 Annual Conference: Las Vegas, Nevada

IMLA's 80th Annual Conference
October 3-7, 2015

Welcome to Las Vegas!

Breaking Conference News

Sign Regulation in a Post Reed World - IMLA Las Vegas Programming

Following the successful webinar focusing on the Reed v. Town of Gilbert Supreme Court decision, it is clear to us that our members want more information on sign regulation in a post Reed world. That's why we are offering two separate presentations at our annual conference in Las Vegas that will discuss the Reed case and provide practical strategies for municipal lawyers on how to draft effective sign ordinances following Reed. Descriptions of those presentations are below.

These presentations are in addition to all of our other great programming on cutting edge topics like body cameras, drones, crisis management, qualified immunity, water rights, municipal bond issues and much more! For more information about our conference and to view the tentative schedule, please
click here. Take advantage of our early bird special on registration rates that expires July 31st! To register for our annual conference, please click here.

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Annual Report

 

MSBA Public Law Section
Annual Report
2016-17

 

Section Membership
As of June 12, 2017, the Section has 487 members.
 
Financial Status
The Section had an account balance of $1447.50 as of April 30, 2017.
 
CLEs & Events
The Section hosted 9 CLE programs in fiscal year 2016-17. 
 
 

Program Title

Date

Event Code

CLE Credits

Number of Attendees

Understanding Minnesota Election Law

9/7/16

224185

1.0 Standard

46

Social Media and the Public Sector Workplace

10/14/16

228708

1.0 Standard

40

Property Tax Appeal Basics

11/18/16

230999

1.0 Standard

42

Why You Should Think Twice About Board Service

1/27/17

233172

1.0 Ethics

55

Pro Bono and the Public Lawyer

2/17/17

234032

1.0 Ethics

54

Why Good Attorneys and Organizations Do Bad Things

3/24/17

236559

2.0 Ethics

69

Transgender 101

4/21/17

238281

2.0 EOB

21

The 2016 Elections – Impact on Public Lawyers, Ethics and Adjusting to Change

5/5/17

239105

3.0 Standard

34

We Need to Talk – Burks and its Impact on Data Practices

6/13/17

239504

1.0 Standard

55

 
 
Annual Meeting and Election Results
 
The Section’s Annual Meeting was held on May 5, 2017 and 63 people attended.

The following council members were elected to serve on the Section’s Governing Council from July 1, 2017 to June 30, 2018:
 
Justin Kwong - Staff Attorney, Minnesota Department of Revenue
Nathan LaCoursiere - Assistant Duluth City Attorney
Charlie Ramstad - Ramstad, Skoyles & Winters, P.A.
Kate Swenson - Greene Espel PLLP
Wendy Legge (2017-2018) - Chief General Counsel, Minnesota Department of Labor and Industry
 
 
The following officers were elected to serve on the Section’s Governing Council from July 1, 2017 to June 30, 2017.
 
Co-Chair: Dan Abelson - Associate General Counsel, Metropolitan Council
Co-Chair: Patricia Beety – Attorney, League of Minnesota Cities
Treasurer: Lynn Belgea - Legal Counsel, MN Department of Health
Secretary: Nancy Norman - Assistant Anoka County Attorney
 
 
Diversity and Inclusion
The Section’s Diversity committee planned and held a two-credit elimination of bias CLE, participated in a law student job fair and worked with the Diversity and Inclusion staff at the MSBA.  The Section co-chairs also attended the MSBA’s Diversity and Inclusion Leadership Training. 
 
 
Other Section Accomplishments
The Section continued to prepare at meal quarterly for the Loaves and Fishes organization, until that relationship ended this spring and we will begin serving the Ronald McDonald House Cooks for Kids program beginning in August.  We also had a children’s book drive at the annual CLE, meeting and awards luncheon.
 
Submitted By:
Inta M. Sellars and Lisa Godon, Section Co-Chairs
July 7, 2017