Legalectric

This past week was a time of subtle upheavals, and good ones at that, but I’m still trying to figure out what it all means, much less get all these emails and documents absorbed, forwarded and filed. I even forgot Kenya’s birthday, not that she gives a rodent’s rump, but she’s getting old, and has started noticably slowing down and feeling her age.

Anyway, it’s the season of politics, and yesterday I had been invited to speak to/with a delightfully challenging group of movers and shakers in the Cities — and they were very interested in this fight with the Red Wing City Council about background checks. Over a dozen people have downloaded the A.G.’s opinion, telling the City they’re out of line.

Here’s the AG Opinion again, in case you missed it, it’s WELL WORTH the read:

ag-opinion-oct-6-2006.pdf

And get out your calendar, we’re having the full range of candidates here on October 26th (stolen from the Beagle editorial):

â?¢ Red Wing City Council candidates, 2 p.m., St. James Hotel.

â?¢ House 28A candidates, 2:55 p.m.

â?¢ House 28B candidates, 3:40 p.m.

â?¢ U.S. House District 2 candidates, 6 p.m.

â?¢ U.S. Senate candidates, 6:50 p.m.

â?¢ Minnesota gubernatorial candidates, 7:40 p.m.

Sponsored by KCUE, the Republican Eagle and Red Wing Area Chamber.

â?¢ Red Wing City Council candidates, 7 p.m., City Hall.

Sponsored by the League of Women Voters Red Wing.

Be there and ask the important questions – put their feet to the fire!

More on Excelsior’s Mesaba Project:

Think of consequences with Mesaba Energy project
Herald-Review
Last Updated: Thursday, October 12th, 2006 03:28:09 PM

Editor:

To the people of Itasca and St. Louis counties and the state of Minnesota. Wake up!

Do you realize what the consequences the Excelsior Energy coal gasification plant to be located near the town of Taconite is going to be to our state?

After recently attending a CAMP (Concerned Citizens against the Mesaba Project) meeting at Cloverdale north of Nashwauk, I came away knowing our area is in danger of pollution to not only ourselves but to the animals, fish and habitat. Did you know that 720 lakes and an area of 340 kilometers would be affected by this pollution? Are we willing to sacrifice this for the sake of electrical power that will not be provided to us in the immediate area, but to people in the Cities, Rochester, LaCrosse, Wis., and points further?

Do the people of Minnesota care about our plight? The majority does not know of it as they think it does not concern them. Well, if they hunt, fish, or have property in this northern area of the state, they better be concerned. Remember the winds blow west to east and north to south.

Sure politicians will argue that this will bring jobs to the area. What more can help them in an election year but the promise of more jobs. Their reelection is critical to them. Many have already promised money for this project. In the end there will be approximately 110 permanent jobs that will require a college education and job experience. Yes, during the construction phase of the plant there will be a lot of jobs, but that will be only for a few years. There is a possibility that more plants will be built across the Iron Range. Is our sacrifice of clean air, water and land worth it?

Itasca County does not have a huge population. That is one of the reasons for the plant being built in the Taconite area.

For additional information please go to mncoalgasplant.com. Or follow developments on Web site camp-site info. If you would like to receive updates or find out how you can help CAMP, please e-mail camp@northic.com.

Again, are we willing to make this sacrifice for our children and ourselves?

Joanne Gangl
Nashwauk

And here’s a letter from Crowe again, stumping for Excelsior:

Mesaba Energy is working toward the good of the area’s future

Herald-Review
Last Updated: Thursday, October 12th, 2006 03:29:03 PM

Editor:

Complements to Dave Johnson on his well thought out letter on the Mesaba Energy project and invitation to the proponents of other forms of electric production to alter their lifestyles to fit their favorite type.

It is interesting that we hear the same arguments from the detractors of the project, most proven untrue long ago but still regurgitated over and over again. The remainder are generally irrelevant to the case, just thrown in to pollute the argument.

In my opinion, Gary Burt, of Taconite, to use his own analysis, makes some vacuous assumptions in his crude attempt to counter Mr. Johnson. The first assumption is that since no one has asked Wind Logic to test the Iron Range for its wind generation potential, then wind generation must be a viable alternative to the Mesaba Energy project. The second assumption is that this first assumption is correct. He then blithely goes on to advocate for the construction of windmills instead of the coal gasification plant, why let the facts influence anything?

The real fact about wind energy is that even though it is clean, it is unreliable in the best of circumstances. Given the choice, people choose reliable energy.

Another argument I’ve seen that I believe is similarly vacuous is this: “If we don’t use it here, we don’t need to generate it here.” Let’s apply this standard to all the other activities going on around the area. We send all the taconite we mine and refine to other places, we don’t use that here so let’s end all taconite production. Thousands of jobs lost. We don’t use all the paper we produce here so let’s end paper production. Hundreds of jobs lost. We don’t use all the ASV’s we produce here, we send them nationwide, let’s shut that down, hundreds of jobs lost. We don’t use all the OSB here so end all OSB production. Oops, I guess that is shut down, temporarily, I hope, a hundred and fifty families with greatly reduced income, maybe those jobs are already lost.

I know the people who are trying to build a clean coal gasification plant are looking at the big picture, a good future for the people who want to live in this area and have their children live here. The future looks pretty bleak if you follow the arguments of the detractors to their ultimate end.

Robert Crowe
Hill City

Here it is, in living black and white!

ag-opinion-oct-6-2006.pdf

This directly addresses my concerns — that the City has no authority to request background checks, and that it’s contrary to public policy:

We are aware of no authorized government program under which it would be necessary or appropriate for city officials to delve into the backgrounds of persons seeking election to city offices for purposes of obtaining information that would reflect negatively on their eligibility or qualifications for office.

Pretty straightforward, DUH!

Hot off the press, in today’s Beagle.

Note how the attorney representing the City tries to say it’s political! Oh, give me a break, both SoS candidates Kiffmeyer and Ritchie said it was beyond the pale!

State official denounces City Hall actions
Mike Longaecker
The Republican Eagle – 10/11/2006

In a critical analysis of City Hall procedure, Attorney General Mike Hatchâ??s office said Friday that the city of Red Wing had no authority to collect background data on City Council candidates.

In addition, the latest opinion on the matter found that information collected by the city on candidates must be made public.

The report, issued by Chief Deputy Attorney General Kristine Eiden, is condemns measures taken by the city in July during the filing period for council candidates.

â??We are aware of no authorized program,â? Eiden wrote, â??under which it would be necessary or appropriate for city officials to delve into the backgrounds of persons seeking election to city offices for purposes of obtaining information that would reflect negatively on their eligibility or qualifications for office.â?

Her analysis takes a converse approach from a Sept. 27 report, in which a Dakota County official stated he could find no laws prohibiting city officials from asking candidates to sign release forms.

But that report, issued by Dakota County Attorney Chief Deputy Phillip Prokopowicz, also stated there was no law requiring candidates to sign release forms.

The drill

Candidates were asked â?? some said required â?? to sign a release because, as the form stated, â??I want to be considered for employment or volunteer service … .â? That document was supplemental to the affidavit of candidacy mandated by law. The authorization form â?? amended days later in a less-binding second draft â?? allowed the city to perform criminal, courts, driving and credit checks.

Public domain

According to Eidenâ??s opinion, that data can be made public. Government data is presumptively public under state statutes, she wrote, unless itâ??s classified as private under another law.

â??We are unable to identify any other applicable statutory classification because we are not aware of any source of authority for collection of criminal history data in the circumstances given,â? Eiden wrote.

Michael Waldspurger, an attorney for the city, said he disagrees â??very sharplyâ? with the opinion, saying it is inconsistent with a July opinion issued by Hatchâ??s office on a similar matter in Rochester.

Political undertones?

Fridayâ??s four-page opinion was filed in response to a request from Waldspurger and Kimberly Sobieck, who represent the city through a Minneapolis law firm. The Red Wing Republican Eagle back in July asked the city to release the background information, which prompted the attorneys to seek a formal opinion on whether data on candidates for public office is private.

Waldspurger also wondered whether political motivations may have played a part.

Hatch is locked in a close gubernatorial race with Gov. Tim Pawlenty.

Itâ??s unusual, Waldspurger said, for such sweeping analysis when a specific legal question is posed.

â??One has to question when or why they decided to go out on that,â? he said of the criticism lain on the background checks. â??They usually donâ??t stray.â?

In the report, Eiden said candidates for public office canâ??t be reasonably viewed as applicants for employment. Election candidates donâ??t apply to â?? nor are they chosen by â?? city officials acting as an â??appointing authority,â? she stated.

â??They are instead elected by the voters, and all persons who meet basic qualifications specified … are eligible to seek election,â? Eiden wrote.

Waldspurger said he hadnâ??t yet conferred with city officials on the opinion and couldnâ??t comment on the cityâ??s position. Council Administrator Kay Kuhlmann didnâ??t return a message seeking comment on Tuesday.

For former council candidate Carol Overland, the opinion is â??very validating.â?

She opposed the background checks and filed an election law complaint against the city in July.

Though Overland, an advocacy attorney, said she was shocked that the attorney general called for disclosure of the data, she welcomed the opinion and applauded the critical tack taken.

â??Itâ??s just what Iâ??ve been saying all along,â? she said.