By: Ethan Landy, Department of Labor and Industry and Ivy Marsnik, University of Minnesota Law School
Chief Judge Wendy Tien
Governor Tim Walz and Lieutenant Governor Peggy Flanagan recently announced that
Wendy S. Tien will assume responsibility as Chief Judge of the Minnesota Tax Court, effective March 17, 2021.
For the first time in Minnesota history, the chiefs of the Minnesota Supreme Court, the Minnesota Court of Appeals, and all three Executive Branch Courts are all women: Chief Justice Lorie Gildea, Minnesota Supreme Court; Chief Judge Susan Segal, Minnesota Court of Appeals; Chief Judge Jenny Starr, Minnesota Office of Administrative Hearings; Chief Judge Patricia Milun, Minnesota Workers’ Compensation Court of Appeals; and now Chief Judge Wendy Tien, Minnesota Tax Court.
Chief Judge Tien was first appointed to the Tax Court in November of 2019. Prior to this, Chief Judge Tien served as a Minnesota Assistant Attorney General, as a trial attorney and then Deputy Assistant Director in the Civil Division of the U.S. Department of Justice, as an attorney with the Internal Revenue Service, and in private practice.
Francis Green
Governor Walz appointed Francis Green to Minnesota’s Tenth Judicial District. Mr. Green will be replacing the Honorable Mary E. Hannon and will be chambered in Stillwater.
Mr. Green served as National Realty Specialist for the United States Department of Agriculture, Natural Resources Conservation Service (USDA-NRCS). He also served as a conciliation court referee in Ramsey County. Mr. Green previously worked in private practice and as an Assistant Attorney General. He has served on the Board of Directors of the Minnesota Association of Black Lawyers, as the Board Chair of Model Cities of St. Paul, Inc., and as a Commissioner on the Woodbury Planning Commission.
Mr. Green earned his B.A. in Political Science from the University of Louisiana at Lafayette, M.A. in Public Affairs from the Humphrey School of Public Affairs, University of Minnesota, and J.D. from the University of Minnesota Law School. Prior to attending law school, Mr. Green was a police officer in Lafayette, Louisiana.
Read more about other judicial appointments...
Department of Administration Advisory Opinion Index and Joining the Data Practices Committee
By: Amber Eisenschenk, League of Minnesota Cities
The following opinions have been issued since our last newsletter:
Advisory Opinion 20-006
City of Savage
The City of Savage requested an advisory opinion regarding the classification of email addresses it collected to notify the public of information to participate in a town hall event. The Commissioner opined that the plain language of Minnesota Statutes, section 13.356, paragraph (a) classified the email addresses as private data because the City collected the data for the purpose of notifying residents of how to attend the virtual town hall event. The Commissioner also noted that any other registration data the City collected from individuals not listed in section 13.356 would be presumptively public.
Advisory Opinion 21-001
West Lakeland Town Board of Supervisors
A member of the public asked about the conduct of the West Lakeland Township Board of Supervisors under the Open Meeting Law, Minnesota Statutes, Chapter 13D. The member of the public raised four issues including the requirement to maintain a journal of votes, special meeting notice requirements, members’ materials, and discussions at special meetings. The Commissioner opined that the Board was not complying with the law because it did not keep a separate journal of the votes pursuant to Minnesota Statutes, section 13D.01, subdivision 4. The Commissioner opined that the Board did not comply with the law when it changed the location of a meeting without providing the three day notice required by Minnesota Statutes, section 13D.04. The Commissioner could not determine whether the Board complied with the requirements to provide one copy of the members’ materials at a meeting because there was a factual dispute. Finally, the Commissioner could not determine whether the Board had a discussion outside of the noticed purpose of a special meeting because there was a factual dispute as to whether the item the Board discussed was related to the stated purpose.
Advisory Opinion 21-002
ISD 197, West St. Paul-Mendota Heights-Eagan Area Schools
A member of the public made a data request to a school district. She requested a copy of the recording of a school district open meeting. The school district denied access to the recording, indicating the recording contained discussions of allegations against school district personnel. The Commissioner could not determine whether the school district properly responded to the public data request because there was a factual dispute as to the purpose for the school district’s maintenance of the recording, and whether the school district maintained more than one copy of the recording for separate purposes.
Anyone with an interest or role in data practices is encouraged to join the MSBA Data Practices Committee and attend monthly meetings. Meetings will continue to be held virtually this spring and you can email Amber at aeisenschenk@lmc.org to be added to the email distribution list for future meetings.
Upcoming Public Law Section CLEs
By: Ethan Landy, Department of Labor and Industry
The Public Law Section is looking forward to finishing up its 2020-21 Continuing Legal Education calendar with a series of exciting topics.
As we head toward Spring, the section is planning to celebrate Earth Day with a CLE on "Minnesota Water Law 101" on April 16th from 12:00 - 1:00 pm.
More info and registration here. Additionally, the Public Law Section is looking forward to two potential panel discussions to close out the year. The first, in May, will discuss immigration law. The other, which will be part of our annual meeting and awards ceremony in June, will be on accommodations in the workplace with a focus on the changing landscape as employers potentially bring employees back from remote work and into the workplace.
The section has continued to provide affordable CLE courses in a safe manner during the COVID-19 pandemic. Topics in the Fall and Winter have included: “Minnesota Appellate Courts Strengthen Employee Protections,” a “Police Reform and Arbitration Panel,” a “Reflection on the 2020 Presidential Election,” and “How to Be a Successful Attorney in Government Practice.” Most recently, speakers from the Attorney General’s Office provided an overview and update on Governmental Immunities.
At least two weeks prior to each CLE, registration for the events will be available on the MSBA Public Law Section website and notice of the event will be sent out to members. While all of our courses are still being conducted virtually, we are hoping to be able to get together in-person during the next bar year. While the presentations are conducted virtually, all section members and law students can attend for free and non-section members can attend for just $5.
Please contact Abby Ward at
award@mnbars.org with any topics of interest that you would like the Public Law Section to consider in upcoming CLEs. And consider joining the Public Law Section in the 2021-22 bar year for great savings on all CLEs, as well as the opportunity to interact with other government attorneys.
Chicken Stracciatella (Italian Egg Drop Soup)
By: Sarah McGee, Minnesota State Colleges & Universities
This is a flexible recipe that makes a very high-protein dinner for two in under 10 minutes
Ingredients
6 cups chicken stock
1-2 cups shredded rotisserie or other cooked chicken (optional)
2 eggs, beaten
1 bag of baby spinach (can be sliced into ribbons) or other leafy greens
¼ cup finely grated pecorino romano or parmesan cheese
Pinch of red pepper flakes
Salt & pepper to tastewhatever you have on hand!
Directions
Place stock in a saucepan and bring to a simmer
Add the chicken and spinach
Cook until chicken is warmed through and spinach is wilted (1-2 minutes)
Whisk eggs and slowly pour into the broth while stirring
Simmer for another 60-90 seconds until egg is set
Stir in cheese and red pepper flakes
Season with salt and pepper and serve