Newsletters

Public Law Newsletter | Fall 2018 | Volume XXVII Issue 4

by Abby Ward | Dec 11, 2019

Issue Editor: Katherine Swenson, Attorney, Greene Espel 

The 2018-19 Public Law Section Council members are:

Amelia Jadoo, Co-Chair, Dakota County Attorney's Office
Daniel Abelson, Co-Chair, Metropolitan Council
Lynn Belgea, Treasurer, Minnesota Department of Health
Nancy Norman Sommer, Secretary, Anoka County Attorney's Office
Amanda Harrington, Law Student Liaison 
Margaret Jacot, Minnesota Department of Human Services
Justin Kwong, Minnesota Department of Revenue
Nathan LaCoursiere, Teacher, University of Wisconsin-Superior
Ethan Landy, Minnesota Department of Labor & Industry
Cathy Miller, Minnesota School Boards Association
Amy Schmidt, Ramsey County Attorneys Office
Inta Sellars, Minnesota Department of Human Services
Katherine Swenson, Greene Espel PLLP


2018 Public Law Section Awards of Excellence

By Dan Abelson, Metropolitan Council, and Nancy Norman, Assistant Anoka County Attorney

This year’s Annual Meeting was held on June 8, 2018 at the beautiful Midland Hills Country Club.

Prior to the annual meeting the Public Law Section  sponsored a CLE entitled Addressing the Elephant in the Room:  Unconscious Bias in the Legal Profession.  Val Jensen presented an interesting, interactive and thought provoking look at the unconscious biases we all carry and how it impacts the legal profession. Following the CLE it was time for lunch and the Annual Meeting.

During the Annual Meeting the new officers and council members were voted in and are eager to begin the 18 – 19 year. Click here for Award Winners...


2018 Public Law Section Annual Meeting CLE and Book Drive

By Patricia Beety, League of MN Cities

The Public Law Section Annual Meeting CLE was held on June 6, 2018.  Speaker Val Jensen engaged the audience of public sector lawyers with her presentation, "Leading Across Differences: Impact of Bias on the Profession.”   Through personal stories and discussion of current events, the group explored unconscious bias and the impact it has on public law offices and our work serving and advising government entities and clients.  Ms. Jensen is a well-known expert in leading cultural change and lived up to her reputation as a dynamic and informative facilitator.  Val served as Executive Director of Twin Cities Diversity in Practice, for over 10 years, an association of 53 legal employers, focused on the recruitment, advancement and retention of diverse lawyers in the Minnesota.  Diversity in Practice is a unique model that has become the industry standard in Diversity and Inclusion in the Twin Cities legal market.  These principles are readily adaptable to public sector legal environments. Val provided insights and advice regarding coaching and counseling attorneys, as well as developing leadership programming which includes a platform where everyone has an opportunity to participate and grow.  In addition, as part of its ongoing public service efforts, the PLS continued its tradition of sponsoring a children’s book drive in conjunction with its annual meeting.  Dozens of new and gently used books were collected and donated to St. Joseph’s Home for Children.  Thank you to all who attended the CLE and participated in the book drive.

MSBA Assembly Meeting Report

By Dan Abelson, Metropolitan Council

The MSBA Assembly meeting was held on June 29, 2018, at the Mystic Lake Center.  The MSBA officers for 2018-2019 are Paul Godfrey – President, Tom Nelson – President-Elect, Dyan Ebert – Treasurer, and Jennifer Thompson – Secretary.  The Assembly adopted a resolution expressing concern with recent federal immigration policies resulting in the separation of minor children from their parents.  The resolution urges federal legislation to ensure the practice of separating families cannot be reinstated, and that arrangements be made for a safe and expedient way for separated children to be reunited with their parents.


2018 Laws of Interest to Public Lawyers

By Ann Fuchs, Assistant Revisor, in collaboration with the attorneys and staff at th Office of the Revisor of Statutes.

Every session is unique. Minnesota’s 2018 legislative session was no exception. This legislative session focused on taxes, opioid abuse, protections for the elderly, bonding, and the Minnesota Licensing and Registration System (MNLARS).

SELECT ENACTMENTS
The following are highlights of enactments from the 2018 legislative session that may interest the public sector:

Commerce
    Financial Exploitation Protections for Older Adults – Laws 2018, chapter 161, H.F. 3833, establishes financial exploitation protections for older adults and vulnerable adults by allowing broker-dealers and investment advisors to disclose information and delay transactions in certain circumstances. 

    Notaries Public – Laws 2018, chapter 176, S.F. 893, adopts the revised uniform law on notarial acts and allows notarial acts to be performed online in certain circumstances. 

Read more... 

Department of Administration Advisory Opinions Index 

By Lynn M. Belgea, Minnesota Department of Health

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 opinions is available online in the Data Practices Office Opinion Library at https://mn.gov/admin/data-practices/opinions/library/

Read more...


News from the Bench

By Kim Mesun, Minneapolis School District 

Governor Dayton appointed Paul Thissen to serve as the next Associate Justice of the Minnesota Supreme Court. Thissen will fill the vacancy created upon the United States Senate’s confirmation of the appointment of Minnesota Supreme Court Justice David R. Stras to the Eighth Circuit Court of Appeals. 

Read more...

International Municipal Lawyers' Association (IMLA) Update 

By John Baker, Greene Espel PLLP

The International Municipal Lawyers’ Association has been a leading resource and advocate for local government attorneys since 1935. IMLA services as an international clearinghouse of legal information and cooperation on municipal legal matters. IMLA collects from and disseminates information to its membership across the United States and Canada and helps governmental officials prepare for litigation and develop new local laws. In addition to a bi-monthly magazine, “Municipal Lawyer: the Journal of Local Government Law,” IMLA publishes timely updates on new legal developments, potential risks to municipalities, and opportunities for municipal lawyers to better advise and represent their communities. 
 
IMLA’s most significant events are its annual fall conference (held in a major U.S. or Canada convention center), and a more intimate mid-year conference in Washington D.C. This year’s annual conference will take place from October 17 to 21 in Houston, Texas. The topics will include emerging transportation trends, disruptive technology, lessons learned from a cyber attack on a major city, challenges in public meetings, telecommunications, strategies and solutions for handling homelessness, and the aftermath of tragic events in Ferguson, Missouri and the resulting national interest and scrutiny. More information, including links for online registration, is available at 
http://www.imla.org/events/conferences.


Public Attorneys on the Move

By Kim Mesun, Minneapolis School District

Erica MacDonald was sworn in as the United States Attorney for the District of Minnesota on June 11, 2018.  U.S. Attorney MacDonald was nominated by President Donald Trump on April 10, 2018, and confirmed by the U.S. Senate on May 24, 2018. As United States Attorney, Ms. MacDonald is the top-ranking federal law enforcement official in the District of Minnesota.

Read more... 

PLS Public Service Project 

By Kim Mesun, Minneapolis School District

June 6, 2018
As the weather changed instantly from winter to summer the Cooking for Kids volunteers once again cooked up tacos and taco salads.  The June crowd was double that of April and only fast thinking by some of the volunteers saved the day by stretching the food to accommodate the larger turn out.  This time ten volunteers utilized their culinary skills to cook and serve up the tacos, black bean and corn salad, oranges and chocolate chip cookies to the almost 100 adults and children present.  Thank you to volunteers Laura Booth, Nancy McLean, Nancy Gove, Tina Casey, Emily Schnaidt, Beth Gloppen, Renee Fritz, Justin Kwong, Ann Rodel, and Kim Mesun.  Thank you to the PLS section for funds for the food and to Kim Mesun for the summer-themed paper products.

Read more...


Pro Bono Corner

By Patricia Beety, League of MN Cities

At PLS’s Annual Meeting in June, I had the distinct honor to receive the P. Kenneth Kohnstamm Pro Bono Attorney Award of Excellence.  While I appreciate and am very humbled by this recognition, I know there are many other well deserving public lawyers who have felt a passion and priority to provide volunteer legal services in some capacity.  This award’s namesake, Ken Kohnstamm, received the PLS Pro Bono Award of Excellence in 2006.  After his untimely passing, the award was renamed to remember Ken and reflect on his exceptional volunteer work that continues to inspire.
Ken’s legacy is remembered and honored, year after year, volunteer hour by volunteer hour.
 
I had the honor to meet and work with Ken early on in my career.  For those of you who never had this opportunity, let me tell you a little about this outstanding public servant.  Ken worked for over 39 years at Minnesota’s attorney general’s office.  While there he headed up many key cases involving the rights of people with disabilities. He was a driving force in the effort to hold the designer of the Interstate 35W bridge accountable for its collapse.  Ken also was key in the launching of the state’s Medicaid Fraud Division.  Ken was a New Yorker who adopted Minnesota as his home and devoted his full self to public service.  In addition to his work at the AG’s office, Ken also found time to exemplify the principles set out in professional responsibility Rule 6.1 by providing legal services without fee to those unable to pay and voluntarily contributing financial support to organizations that provide legal services to persons of limited means. Ken was honored by the Minnesota Justice Foundation for this work and he is one of only a handful of public lawyers to have received MJF’s Distinguished Service Award. 
The PLS’s Pro Bono Attorney Award of Excellence could have no better namesake than P. Kenneth Kohnstamm.  The PLS seeks nominations for this award each year.  The award is intended to recognize an outstanding public attorney (or public law office) who has engaged in activities that show dedication and commitment to provide volunteer services to underserved communities.  I encourage all public lawyers who so desire to engage in pro bono opportunities and to work to adopt pro bono policies in your public law offices to help facilitate and encourage others in this much needed volunteer work. 

Fall Recipe

Curried Pumpkin Soup 

Ingredients: 
1/4 cup butter
1 cup chopped onion
1 to 2 cloves garlic, crushed
1/2 teaspoon curry powder (or more, if desired)
1/2 teaspoon salt (or more, if desired)
1/4 teaspoon ground coriander (or more, if desired)
1/8 teaspoon crushed red pepper (or more, if desired)
3 cups chicken broth (defatted)
1 can solid pumpkin
1 cup half-and-half
 
In a large saucepan, melt butter and sauté onion and garlic until soft.  Add dry ingredients and cook 1 minute.  Add broth (and water as needed to thin soup out) and boil gently, uncovered, for 15 to 20 minutes.  (Cook longer for double batch.)  Stir in pumpkin and half-and-half; simmer for 5 minutes.  Pour soup by portions into blender and blend until creamy (or use immersion blender); return to stove to reheat, if necessary.
 
When reheating soup after refrigeration, soup may need to be blended again to remix properly.
 
Serves 6 to 8.


Department of Administration Advisory Opinions Index 

By Lynn M. Belgea, Minnesota Department of Health

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 opinions is available online in the Data Practices Office Opinion Library at https://mn.gov/admin/data-practices/opinions/library/

Read more...


News from the Bench

By Kim Mesun, Minneapolis School District 

Governor Dayton appointed Paul Thissen to serve as the next Associate Justice of the Minnesota Supreme Court. Thissen will fill the vacancy created upon the United States Senate’s confirmation of the appointment of Minnesota Supreme Court Justice David R. Stras to the Eighth Circuit Court of Appeals. 

Read more...


International Municipal Lawyers' Association (IMLA) Update 

By John Baker, Greene Espel PLLP

 

The International Municipal Lawyers’ Association has been a leading resource and advocate for local government attorneys since 1935. IMLA services as an international clearinghouse of legal information and cooperation on municipal legal matters. IMLA collects from and disseminates information to its membership across the United States and Canada and helps governmental officials prepare for litigation and develop new local laws. In addition to a bi-monthly magazine, “Municipal Lawyer: the Journal of Local Government Law,” IMLA publishes timely updates on new legal developments, potential risks to municipalities, and opportunities for municipal lawyers to better advise and represent their communities. 
 
IMLA’s most significant events are its annual fall conference (held in a major U.S. or Canada convention center), and a more intimate mid-year conference in Washington D.C. This year’s annual conference will take place from October 17 to 21 in Houston, Texas. The topics will include emerging transportation trends, disruptive technology, lessons learned from a cyber attack on a major city, challenges in public meetings, telecommunications, strategies and solutions for handling homelessness, and the aftermath of tragic events in Ferguson, Missouri and the resulting national interest and scrutiny. More information, including links for online registration, is available at 
http://www.imla.org/events/conferences.

 


Public Attorneys on the Move

By Kim Mesun, Minneapolis School District

Erica MacDonald was sworn in as the United States Attorney for the District of Minnesota on June 11, 2018.  U.S. Attorney MacDonald was nominated by President Donald Trump on April 10, 2018, and confirmed by the U.S. Senate on May 24, 2018. As United States Attorney, Ms. MacDonald is the top-ranking federal law enforcement official in the District of Minnesota.

Read more... 
 
 

Department of Administration Advisory Opinions Index 

By Lynn M. Belgea, Minnesota Department of Health

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 opinions is available online in the Data Practices Office Opinion Library at https://mn.gov/admin/data-practices/opinions/library/

Read more...


News from the Bench

By Kim Mesun, Minneapolis School District 

Governor Dayton appointed Paul Thissen to serve as the next Associate Justice of the Minnesota Supreme Court. Thissen will fill the vacancy created upon the United States Senate’s confirmation of the appointment of Minnesota Supreme Court Justice David R. Stras to the Eighth Circuit Court of Appeals. 

Read more...


International Municipal Lawyers' Association (IMLA) Update 

By John Baker, Greene Espel PLLP

 

The International Municipal Lawyers’ Association has been a leading resource and advocate for local government attorneys since 1935. IMLA services as an international clearinghouse of legal information and cooperation on municipal legal matters. IMLA collects from and disseminates information to its membership across the United States and Canada and helps governmental officials prepare for litigation and develop new local laws. In addition to a bi-monthly magazine, “Municipal Lawyer: the Journal of Local Government Law,” IMLA publishes timely updates on new legal developments, potential risks to municipalities, and opportunities for municipal lawyers to better advise and represent their communities. 
 
IMLA’s most significant events are its annual fall conference (held in a major U.S. or Canada convention center), and a more intimate mid-year conference in Washington D.C. This year’s annual conference will take place from October 17 to 21 in Houston, Texas. The topics will include emerging transportation trends, disruptive technology, lessons learned from a cyber attack on a major city, challenges in public meetings, telecommunications, strategies and solutions for handling homelessness, and the aftermath of tragic events in Ferguson, Missouri and the resulting national interest and scrutiny. More information, including links for online registration, is available at 
http://www.imla.org/events/conferences.

 


Public Attorneys on the Move

By Kim Mesun, Minneapolis School District

Erica MacDonald was sworn in as the United States Attorney for the District of Minnesota on June 11, 2018.  U.S. Attorney MacDonald was nominated by President Donald Trump on April 10, 2018, and confirmed by the U.S. Senate on May 24, 2018. As United States Attorney, Ms. MacDonald is the top-ranking federal law enforcement official in the District of Minnesota.

Read more... 
 
 

Department of Administration Advisory Opinions Index 

By Lynn M. Belgea, Minnesota Department of Health

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 opinions is available online in the Data Practices Office Opinion Library at https://mn.gov/admin/data-practices/opinions/library/

Read more...


News from the Bench

By Kim Mesun, Minneapolis School District 

Governor Dayton appointed Paul Thissen to serve as the next Associate Justice of the Minnesota Supreme Court. Thissen will fill the vacancy created upon the United States Senate’s confirmation of the appointment of Minnesota Supreme Court Justice David R. Stras to the Eighth Circuit Court of Appeals. 

Read more...


International Municipal Lawyers' Association (IMLA) Update 

By John Baker, Greene Espel PLLP

 

The International Municipal Lawyers’ Association has been a leading resource and advocate for local government attorneys since 1935. IMLA services as an international clearinghouse of legal information and cooperation on municipal legal matters. IMLA collects from and disseminates information to its membership across the United States and Canada and helps governmental officials prepare for litigation and develop new local laws. In addition to a bi-monthly magazine, “Municipal Lawyer: the Journal of Local Government Law,” IMLA publishes timely updates on new legal developments, potential risks to municipalities, and opportunities for municipal lawyers to better advise and represent their communities. 
 
IMLA’s most significant events are its annual fall conference (held in a major U.S. or Canada convention center), and a more intimate mid-year conference in Washington D.C. This year’s annual conference will take place from October 17 to 21 in Houston, Texas. The topics will include emerging transportation trends, disruptive technology, lessons learned from a cyber attack on a major city, challenges in public meetings, telecommunications, strategies and solutions for handling homelessness, and the aftermath of tragic events in Ferguson, Missouri and the resulting national interest and scrutiny. More information, including links for online registration, is available at 
http://www.imla.org/events/conferences.

 


Public Attorneys on the Move

By Kim Mesun, Minneapolis School District

Erica MacDonald was sworn in as the United States Attorney for the District of Minnesota on June 11, 2018.  U.S. Attorney MacDonald was nominated by President Donald Trump on April 10, 2018, and confirmed by the U.S. Senate on May 24, 2018. As United States Attorney, Ms. MacDonald is the top-ranking federal law enforcement official in the District of Minnesota.

Read more... 
 
 

Department of Administration Advisory Opinions Index 

By Lynn M. Belgea, Minnesota Department of Health

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 opinions is available online in the Data Practices Office Opinion Library at https://mn.gov/admin/data-practices/opinions/library/

Read more...


News from the Bench

By Kim Mesun, Minneapolis School District 

Governor Dayton appointed Paul Thissen to serve as the next Associate Justice of the Minnesota Supreme Court. Thissen will fill the vacancy created upon the United States Senate’s confirmation of the appointment of Minnesota Supreme Court Justice David R. Stras to the Eighth Circuit Court of Appeals. 

Read more...


International Municipal Lawyers' Association (IMLA) Update 

By John Baker, Greene Espel PLLP

 

The International Municipal Lawyers’ Association has been a leading resource and advocate for local government attorneys since 1935. IMLA services as an international clearinghouse of legal information and cooperation on municipal legal matters. IMLA collects from and disseminates information to its membership across the United States and Canada and helps governmental officials prepare for litigation and develop new local laws. In addition to a bi-monthly magazine, “Municipal Lawyer: the Journal of Local Government Law,” IMLA publishes timely updates on new legal developments, potential risks to municipalities, and opportunities for municipal lawyers to better advise and represent their communities. 
 
IMLA’s most significant events are its annual fall conference (held in a major U.S. or Canada convention center), and a more intimate mid-year conference in Washington D.C. This year’s annual conference will take place from October 17 to 21 in Houston, Texas. The topics will include emerging transportation trends, disruptive technology, lessons learned from a cyber attack on a major city, challenges in public meetings, telecommunications, strategies and solutions for handling homelessness, and the aftermath of tragic events in Ferguson, Missouri and the resulting national interest and scrutiny. More information, including links for online registration, is available at 
http://www.imla.org/events/conferences.

 


Public Attorneys on the Move

By Kim Mesun, Minneapolis School District

Erica MacDonald was sworn in as the United States Attorney for the District of Minnesota on June 11, 2018.  U.S. Attorney MacDonald was nominated by President Donald Trump on April 10, 2018, and confirmed by the U.S. Senate on May 24, 2018. As United States Attorney, Ms. MacDonald is the top-ranking federal law enforcement official in the District of Minnesota.

Read more... 
 
 

Department of Administration Advisory Opinions Index 

By Lynn M. Belgea, Minnesota Department of Health

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 opinions is available online in the Data Practices Office Opinion Library at https://mn.gov/admin/data-practices/opinions/library/

Read more...


News from the Bench

By Kim Mesun, Minneapolis School District 

Governor Dayton appointed Paul Thissen to serve as the next Associate Justice of the Minnesota Supreme Court. Thissen will fill the vacancy created upon the United States Senate’s confirmation of the appointment of Minnesota Supreme Court Justice David R. Stras to the Eighth Circuit Court of Appeals. 

Read more...


International Municipal Lawyers' Association (IMLA) Update 

By John Baker, Greene Espel PLLP

 

The International Municipal Lawyers’ Association has been a leading resource and advocate for local government attorneys since 1935. IMLA services as an international clearinghouse of legal information and cooperation on municipal legal matters. IMLA collects from and disseminates information to its membership across the United States and Canada and helps governmental officials prepare for litigation and develop new local laws. In addition to a bi-monthly magazine, “Municipal Lawyer: the Journal of Local Government Law,” IMLA publishes timely updates on new legal developments, potential risks to municipalities, and opportunities for municipal lawyers to better advise and represent their communities. 
 
IMLA’s most significant events are its annual fall conference (held in a major U.S. or Canada convention center), and a more intimate mid-year conference in Washington D.C. This year’s annual conference will take place from October 17 to 21 in Houston, Texas. The topics will include emerging transportation trends, disruptive technology, lessons learned from a cyber attack on a major city, challenges in public meetings, telecommunications, strategies and solutions for handling homelessness, and the aftermath of tragic events in Ferguson, Missouri and the resulting national interest and scrutiny. More information, including links for online registration, is available at 
http://www.imla.org/events/conferences.

 


Public Attorneys on the Move

By Kim Mesun, Minneapolis School District

Erica MacDonald was sworn in as the United States Attorney for the District of Minnesota on June 11, 2018.  U.S. Attorney MacDonald was nominated by President Donald Trump on April 10, 2018, and confirmed by the U.S. Senate on May 24, 2018. As United States Attorney, Ms. MacDonald is the top-ranking federal law enforcement official in the District of Minnesota.

Read more... 

International Municipal Lawyers' Association (IMLA) Update 

By John Baker, Greene Espel PLLP

 

The International Municipal Lawyers’ Association has been a leading resource and advocate for local government attorneys since 1935. IMLA services as an international clearinghouse of legal information and cooperation on municipal legal matters. IMLA collects from and disseminates information to its membership across the United States and Canada and helps governmental officials prepare for litigation and develop new local laws. In addition to a bi-monthly magazine, “Municipal Lawyer: the Journal of Local Government Law,” IMLA publishes timely updates on new legal developments, potential risks to municipalities, and opportunities for municipal lawyers to better advise and represent their communities. 
 
IMLA’s most significant events are its annual fall conference (held in a major U.S. or Canada convention center), and a more intimate mid-year conference in Washington D.C. This year’s annual conference will take place from October 17 to 21 in Houston, Texas. The topics will include emerging transportation trends, disruptive technology, lessons learned from a cyber attack on a major city, challenges in public meetings, telecommunications, strategies and solutions for handling homelessness, and the aftermath of tragic events in Ferguson, Missouri and the resulting national interest and scrutiny. More information, including links for online registration, is available at 
http://www.imla.org/events/conferences.

 


Public Attorneys on the Move

By Kim Mesun, Minneapolis School District

Erica MacDonald was sworn in as the United States Attorney for the District of Minnesota on June 11, 2018.  U.S. Attorney MacDonald was nominated by President Donald Trump on April 10, 2018, and confirmed by the U.S. Senate on May 24, 2018. As United States Attorney, Ms. MacDonald is the top-ranking federal law enforcement official in the District of Minnesota.

Read more...