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Public Law Newsletter | Winter 2016 | Volume XXVI | Issue 1

by Jennifer Carter | Apr 01, 2016

EYES ON THE COURT

By Patricia Beety, League of Minnesota Cities 

Peterson v. Richfield Civ. Serv. Comm’n, 864 N.W.2d 340 (Minn. 2015).

The Minnesota Supreme Court unanimously held that a candidate’s interview responses for an internal promotion did not meet the “records” requirement of Minn. Stat. § 419.06.  The supreme court reversed the court of appeals which held that “nothing in the broad concept of ‘records’ mandates a writing.”   While the court of appeals found oral accounts by candidates regarding their background, experience, and character sufficient, the supreme court disagreed and reasoned that a candidate’s oral statements could not be construed as records because they are not “kept in the regular course of the administration of a civil service system.” 

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NEWS FROM THE ADMINISTRATIVE LAW SECTION

By Beverly Jones Heydinger, MSBA Admin. Law Section Council Chair

PROVIDING PRO BONO REPRESENTATION IN MALTREATMENT, DISQUALIFICATION, AND HUMAN SERVICES LICENSING ACTIONS.

In October 2015, the MSBA Administrative Law Section presented a CLE entitled “Increasing Access to Justice at the Office of Administrative Hearings” to highlight the need for more pro bono assistance in matters heard by OAH and to further the Section’s interest in providing counsel to low income people who face the loss of their livelihood and ability to meet their most basic needs.  Approximately 60 percent of the contested case hearings at OAH involve self-represented litigants.  

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CITY ATTORNEY UPDATE

By Dave Goslee, Rochester City Attorney’s Office

The Minnesota Association of City Attorneys Education Conference was held February 5-6, 2016 at the Sheraton Bloomington.  This year’s informative sessions included presentations on public employment issues, nuisance abatement/special assessments, drone regulation, data practices, sign regulation, ethics, and public service.  

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ABA Update

By Greg Brooker

ABA Government & Public Sector Lawyers Division (GPSLD).  In 2015-16, the GPSLD sponsored relatively inexpensive CLE webinars on a wide range of topics, including: Ethical and Effective Use of Social Media, Deposition Skills Training for Government Lawyers, and Ethical Considerations in Public Sector Law.  In addition, the GPSLD sponsored over 25 law school panels on the public practice of law by government lawyers at law schools throughout the country.  In addition, the GPSLD voted on several resolutions presented to the ABA House of Delegates.

ABA Resolutions Enacted.  At the ABA Mid-Year Meeting in San Diego in February, the ABA House of Delegates approved a wide range of resolutions, including:

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PLS Public Service Projects  


 Public Law Image       Public Law Image


Loaves & Fishes

 

10/7/15

With the return of the cooler weather, twelve volunteers cooked up the PLS’s famous Tator Tot Hotdish for the approximately 200-250 adults and children who came to the Loaves and Fishes program located in the basement of Holy Rosary church in South Minneapolis on 10/7/15.  Thank you to volunteers Greg Brooker, Nancy Gove, Laura Booth, Beth Gloppen, Ginny Hinzman, Tom Kalitowski, Steve Fouts, Cindy Atsatt, Greg Maus, Nancy McLean and Kim Mesun.  Also thank you for financial and food donations from Nancy Gove, Nancy McLean, Margaret Olson, and Kim Mesun.  The PLS funds approximately $300 of the cost of the food for the meal and the rest is paid for through individual donations.  The PLS volunteers (and friends) cook the meal and do set up.  Then the University of Wisconsin – Madison alumni come in to serve and clean up.  They also bring in fresh fruit for the meal.

 

12/2/15

Eleven volunteers were on hand to cook up the meal for the 12/2/15 Loaves & Fishes meal. Thank you to food prep volunteers Nancy Gove, Beth Gloppen, Nancy Norman and son Josh, Nancy McLean, Margaret Olson, Emily Schnaidt, Tom Kalitowski, Ginny Hinzman, Kim Mesun and Richard.  Also thank you for the financial and food donations from Cindy Atsatt, Steve Fouts, Greg Brooker, Booth Law Group, Nancy Norman and Kim Mesun.

 

2/2/16

Nine volunteers again prepared the Minnesota staple, Tator Tot Hotdish for the 2/2/16 Loaves & Fishes meal.  Thank you to food prep volunteers Nancy McLean, Greg Brooker, Beth Gloppen, Laura Booth, Nancy Gove, Nancy Norman, Margaret Olson, Ginny Hinzman, and Kim Mesun.  Also thank you for the financial and food donations from Katie Engler, Beth Gloppen, Nancy Gove, Ginny Hinzman, Nancy Norman, and Kim Mesun.

 

PLS volunteers meet on the first Wednesday of even-numbered months to prepare the meal at Loaves and Fishes in the basement of Holy Rosary church in South Minneapolis.  The next meal prepared will be on Wed. April 6 starting at 3:00.  If you would like to volunteer, contact Kim Mesun at kim.mesun@mpls.k12.mn.us.

 

Public Law Photo Public Law Image      

 

 







The PLS & Friends crew at the October Loaves & Fishes: Cindy Atsatt, Greg Maus, 
Laura Booth, Kim Mesun, Beth Gloppen, Tom Kalitowski, Ginny Hinzman, Steve Fouts and Greg Brooker.

 

      Public Law Image


News from the Bench

There are several updates.

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Notice of solicitation of nominations for election of section officers and council members 

The MSBA Public Law Section is seeking nominations for positions on the 2016-17 Council, including the four officer positions.  The election will be held at the Section’s Annual Meeting on Friday, June 3, 2016, at the Section Luncheon.  Please submit your statement of interest to Jennifer Carter at jcarter@statebar.gen.mn.us by April 4, 2016. 

Nominating Committee:

Lynn Belgea, Chair
651-201-5741



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

 

15-004

 

10/01/2015

 

MN Film & TV Board

 

Open Meeting Law: Minn. Stat. section 13D.01

Determination whether a private corporation that receives state funding is a body subject to the Open Meeting Law

 

MN Film & TV Board, Winter

 

15-005

 

11/05/2015

 

ISD #535 (Rochester)

 

Data Practices Act: Minn. Stat. section 13.43

Interaction of section 13.43 and the Teacher Tenure Act, Minn. Stat. section 122A.41, subd. 6(c), as to the obligation of the District to disclose disciplinary or child maltreatment information to another district where a current or former District employee is seeking employment, unless restricted by a “state data practices law”

 

ISD #535, Waldspurger & Edison

 

15-006

 

11/10/2015

 

City of Hastings

 

Data Practices Act: Minn. Stat. sections 13.02 & 13.43

Definition of government data; classification of data in a draft investigation report related to a complaint against a local public official where the local public official resigned while the complaint was pending

 

City of Hastings, Skelton

 

 

15-007

 

12/22/2015

 

Washington County

 

Data Practices Act: Minn. Stat. sections 13.39 & 13.44

Classification of data in a real estate appraisal that was submitted to a condemnation commissioner in an eminent domain proceeding, but is now part of a separate but related pending civil legal action as determined by the chief attorney acting for the County

 

Washington County, Hodsdon

 

 

Prepared by Lynn Belgea

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