Newsletters

Public Law Newsletter | Spring 2021 | Volume XXXI Issue 1

by Abby Ward | Apr 01, 2021

Issue Editors: Ethan Landy, Secretary, MN Department of Labor & Industry & Ivy Marsnik, Student Liaison, University of Minnesota Law School

The 2020-21 Public Law Section Council members are:

Justin Kwong, Co-Chair, Minnesota Department of Health
Katherine Swenson, Co-Chair, Greene Espel PLLP
Catherine Miller, Treasurer, Rice County Attorney's Office
Ethan Landy, Secretary, Minnesota Department of Labor & Industry 
Amber Eisenschenk, Member, League of Minnesota Cities
Lisa Godon, Member, Hennepin County Attorney's Office
Craig Gustafson, Member, Minnesota Department of Transportation
Margaret Jacot, Member, Metropolitan Council
Kathryn Landrum, Member, Minnesota Attorney General's Office
Sarah McGee, Member, Minnesota State Colleges & Universities 
Nancy Norman Sommer, Member, Anoka County Attorney's Office
Andrew Wold, Member, Minnesota Housing Finance Agency
Hon. Tracy Smith, Ex Officio Member of the Judiciary, Minnesota Court of Appeals
Cyle Cramer, Student Liaison, Mitchell Hamline School of Law
Ivy Marsnik, Student Liaison, University of Minnesota Law School 
James Berg, Student Liaison, St. Thomas School of Law 

Notice of Solicitation of Nominations for Election of Section Council Members

The MSBA Public Law Section is seeking nominations for positions on the 2021-2022 Council beginning July 1, 2021. Council Members serve a two-year term officially ending on June 30, 2023. 
 
Persons interested in serving on the council may nominate themselves or accept nomination by another member of the section. Nominations should include: 
  
   1) Nominee’s name; 
   2) Nominee’s firm/organization; 
   3) Nominee’s bio or link to bio; 
   4) Short statement of interest; and 
   5) Nominator’s name and contact information if different from nominee.
 
Please submit your nomination by email to Abby Ward at award@mnbars.org. Nominations must be received by April 16, 2021.                         

Notice of Solicitation of Nominations for the Public Law Attorney Awards - Nominations due soon

The Minnesota State Bar Association - Public Law Section (PLS) invites nominations for awards honoring attorneys and judges engaged in public service and in the public practice of law. Through these awards the PLS celebrates our commitment to public service and the public practice of law.

These awards are also used to recognize attorneys and judges who have distinguished themselves by their significant and outstanding contributions to public service and the public practice of law. Nominations are due Friday, April 2, 2021.

A nomination should consist of the following: 

1) Nominee’s full name, employer, address and telephone number; 
2) Nominator’s name, employer, address and telephone number; 
3) Attach a short narrative statement (not to exceed two pages) explaining how you know the nominee and describing the nominee’s qualifications for the award; and 
4) Nominee’s resume, if available.
5) Nominations should indicate which award should be considered. 

The awards include:

1. Rosalie E. Wahl Judicial Award of Excellence  
This award is named for former Minnesota Supreme Court Justice Rosalie Wahl whose work as a Justice encompassed the attributes of the award. Justice Wahl was highly regarded, not only for her work as a judge but also for her dedication to and tireless efforts on projects improving the justice system. Read more...
 
2. Julius E. Gernes Prosecutor Award of Excellence*  
This award is intended to recognize the work and dedication of an outstanding public attorney working in the State of Minnesota as a County/City Attorney and/or as a criminal prosecutor at the federal, state, or local level. Read more...
 
3. William E. McGee Public Defender Award of Excellence*  
The William E. McGee Public Defender Award of Excellence is intended to recognize the work and dedication of an outstanding public attorney working in the State of Minnesota as a public defender at the federal, state, or local level. Read more... 
 
4. Public Attorney Awards of Excellence*  
There are two Public Attorney Awards of Excellence. These awards are the primary method of recognizing the work and dedication of outstanding public sector attorneys. Award recipients are selected from the following areas: Civil Law (Public Law Office Counsel) & In-House Agency Counsel. Read more...
 
5. Douglas K. Amdahl Public Attorney Career Achievement Award  
This award is intended to recognize retired or retiring public attorneys who have had distinguished careers as public attorneys, have made many significant contributions to public service and are recognized as models of the dedication and commitment of public attorneys. This award may be given to more than one recipient per year.  
 
6. P. Kenneth Kohnstamm Pro Bono Attorney Award of Excellence  
This 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. Read more...
 
7. Public Lawyer Diversity Award
This award recognizes outstanding effort and dedication by a public lawyer or office or organization of public lawyers in Minnesota who has had a demonstrated impact on (i) improving the employment opportunities for lawyers from groups historically under-represented because of race, ethnicity, gender, physical and mental disability or sexual orientation or (ii) eliminating bias based on race, ethnicity, gender, physical and mental disability and sexual orientation in employment of lawyers. Read more...
 
*Persons nominated for the Julius E. Gernes, the William E. McGee, or Public Attorney Awards of Excellence must have at least 5 years of experience as a public attorney. They must have engaged in activities that show dedication and commitment to public service and the public practice of law. Nominees may also distinguish themselves by making significant contributions that aid in the operation of government or the practice of law and/or by demonstrating extraordinary leadership, initiative, or innovation in the performance of their duties. 

Nominations must be submitted no later than Friday, April 2, 2021. A list of previous recipients can be found here.
Please submit nominations to Abby Ward via email, fax or mail (email with attachments in MSWord is preferred)
 
Abby Ward
MSBA Section Services
600 Nicollet Mall, Suite 380 
Minneapolis, MN 55402
612-278-6307 

AWARDS COMMITTEE (for questions) 

Justin Kwong
Public Law Section Co-Chair 
Attorney 
Minnesota Department of Health 
651-601-3597
 
Katherine Swenson 
Public Law Section Co-Chair 
Partner 
Greene Espel PLLP 
612-373-8389  


PLS Public Service Project

By: Nancy Norman Sommer, Anoka County Attorney’s Office

Ronald McDonald House:
Unfortunately, the Public Law Section group is still unable to participate in-person with the Ronald McDonald House Cooking for Kids Program. Ronald McDonald House provides three healthy meals per day and snacks to families staying there, with no cost to the family. Although we have not been able to prepare and serve the meals, as the Section generally does every other month, the PLS has given $600 to the Ronald McDonald House based upon what we had budgeted for the months of August and October. The Council will be voting on additional donations relating to the months of December, February and April at the April Council meeting. We continue to monitor the status of in-person volunteering with Ronald McDonald House and hope to return this summer.  Please consider helping Ronald McDonald House by visiting https://rmhc-uppermidwest.org/ for a list of opportunities and items needed.

The Lift Garage:
In November and December of 2020, the PLS sought suggestions from section members for additional public service projects.  Suggestions came in from many members and the Council selected the Lift Garage, a non-profit organization that assists individuals with car repairs by providing parts at low-cost and very low hourly fees.  The PLS agreed to match the donations up to $250.00.  In total, our section and our members donated approximately $725.  Feel free to visit Lift Garage's website and help if you can. https://www.theliftgarage.org/

Your PLS is committed to being an active participant in public service and to that end, we will be sponsoring another charity drive this spring to coincide with the annual meeting. If you have suggestions on a worthy charity, please contact Abby Ward at award@mnbars.org. Watch for an email letting you know what organization has been selected and how to donate. 

Public Law Section Highlights Pro Bono Activities

By: Meg Jacot, Metropolitan Council 
 
This year, the Public Law Section has highlighted several pro bono opportunities at its monthly CLEs. The organizations that offer these opportunities work hard to give back to the community. Please consider giving your time and donations to these organizations.

- Southern Minnesota Regional Legal Services

- Central Minnesota Legal Services

- LegalCORPS

- Cancer Legal Care   


News from the Bench

By: Ethan Landy, Department of Labor and Industry and Ivy Marsnik, University of Minnesota Law School

Chief Judge Wendy TienChiefJudgeWendyTien
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
JudgeGreenGovernor 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
 
Ingredientsspinacheggdropsoup_email
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