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

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.” 

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.  

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.  

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.

PLS Public Service Projects  

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.

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.

News from the Bench

There are several updates.

Click here to continue reading

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 .

Prepared by Lynn Belgea