Legalectric

The cover page says it all, and here is the full report:

Big thanks to Heather Cox Richardson for the heads up and comments on the importance of the timing of this release when those subpoenaed are to respond.

Last night’s meeting was disappointing. No action on the Recall legal action. And few showed up. Not what I was expecting!

On the other hand, Mayor Wilson wanted Kent Laugen, who has been actively involved in the Recall effort, to be appointed to the Port Authority. As with his attempted appointment of Janie Farrar, another Recall proponent, that Laugen appointment motion failed for a second.

Here’s the missive I sent to the City Council yesterday:

Overland Comment on Recall Petition to City Council today

And here’s the Petition that was filed on Friday:

Frivolous Recall Lawsuit Filed

In the Rochester Post Bulletin, linked, about the Recall City Hall lawsuit:

Red Wing recall takes next big step with lawsuit

Suit seeks remedy for city council not approving special recall election after group gathered the required signatures.

Written By: Brian Todd | 9:08 am, Aug. 10, 2021

RED WING — Late Friday afternoon, the Recall City Hall committee in Red Wing took the next step in its efforts to bring six members of the city council to a special election.

The lawsuit, filed on behalf of Red Wing residents George Hintz, Peter Lang, Judith Kjome, Stephen Lind, Betty Kalember and Sheryl Voth, asks the 1st District Court “for correction of a deliberate ballot omission or, alternatively, for a Writ of Mandamus directing the City of Red Wing to hold an election for the recall of six city councilmembers in accordance with the strictures of the municipal charter.”

The petition points to what it calls several undisputed facts. They include that in each ward or wards at least 20 percent of registered voters signed petitions to recall council members Becky Norton, Evan Brown, Erin Buss, Andy Klitzke, Dean Hove and Laurel Stinson. However, the city council voted 6-1 – with all six council members up for recall voting no, and council member Kim Beise voting yes – on multiple occasions not to hold a special election.

In the petition, Greg Joseph, a Waconia, Minn.-based attorney representing the recall group, notes how the Red Wing City Charter states, “the clerical officer shall transmit it to the Council without delay and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall, at its next meeting, by resolution provide for filing dates and other provisions necessary for the holding of a special recall election not less than 45 nor more than 60 days after such meeting.”

Joseph said it’s that directive to order an election that the city council has rejected, and that is the reason for the lawsuit.

However, not every resident of Red Wing sees it the same way.

Carol Overland, a local attorney who has expressed her support for the city council and its actions, said the public does not have a legal right to a recall election, and a firm case of malfeasance or nonfeasance – the justification for a recall – is absent in the recall effort.

[Original – since corrected: The idea that the petitioners who ran the recall efforts could determine what meets the legal definition of malfeasance or nonfeasance, she said, is absurd.] [Correction, I said “voters” because that’s what they’re arguing, that the voters should decide in an election whether there’s been malfeasance or nonfeasance, so insert “voters” here — it’s fixed now.]

The idea that the voters could determine what meets the legal definition of malfeasance or nonfeasance, she said, is absurd.

Council President Becky Norton agrees.

“The (Red Wing City) Charter and the Minnesota Constitution are clear that elected officials can only be recalled for malfeasance or nonfeasance,” Norton wrote in response to questions from the Post Bulletin. Norton went on to cite a case from 1959, Jacobsen v. Nagel. “The Minnesota Supreme Court has held that the same malfeasance and nonfeasance standard that applies to state officials applies to council members of a charter city.”

If the conduct of the council members does not constitute malfeasance or nonfeasance, Norton concluded, there is no obligation to schedule a recall election, which is why the city council was justified in its action.https://www.postbulletin.com/news/government-and-politics/7144940-Red-Wing-recall-takes-next-big-step-with-lawsuit

Kent Laugen, another local attorney not directly connected to the case, said while the lawsuit does not focus on whether the burden of malfeasance or nonfeasance has been reached, there is precedent from the courts saying that decision is left up to the voters.

[Precedent? Show us! It doesn’t exist][“not directly connected to the case” but DIRECTLY connected to the Recall — see quotes in other PB articles]

Whether or not there is a special election, the next election the six council members face is going to be tough, Laugen said.

The court has yet to set a hearing date for the lawsuit.

Stopping the overdose on the front lines

Here’s an effort to supply NARCAN to libraries:

Company to Supply Free Narcan to Libraries – Emergent BioSolutions will provide two doses to every public library branch in the US

Recently on our local COVID page (to which I post the stats daily), I was challenged for posting on COVID and not the many ODs in our community, the party stating that “there were more ODs than COVID deaths.” Nope, NOT true! Although I’ve heard of several ODs here, we’ve had 74 COVID deaths since the start of tracking, and no way have we had more ODs than COVID deaths.

But given the challenge, and that I didn’t know how many ODs here since March 2020, I did some digging to see what the stats are on ODs.

A search of our local Republican Eagle for “overdose” had a lot of hits from here and surrounding area (rather wide circle):

SEARCH RESULTS HERE

Yesterday or the day before, I got this info from Goodhue County, though note it’s not 2021 info, only current through 2020, and it’s DRAFT info:

For Goodhue County separately, but no 2021 info yet:

And this despite a sharp increase in ODs in Minnesota:

Comparisons aren’t particularly relevant, whether between numbers of COVID deaths v. numbers of OD deaths, or between numbers of OD deaths here and elsewhere. One is too many.

I had asked for OD statistics, and got the info above. I also asked about treatment options, and info on resources, because I know from days as an attorney taking on whatever issues for whoever walked in the door how difficult it is to get into treatment. Even with an intervention that pushes someone toward straightening up, getting IN to treatment, whether inpatient or outpatient, is so difficult, between location, openings, PAYING FOR IT in our wonderful capitalistic health “care” system, what a mess. Back then, I did have a list of options for clients, and so remember my successes and failures to help clients through to sobriety, one failure particularly tragic, three times with the same client, who died of his addiction to alcohol. We need to do more to help people get treatment, and to get to the state where they’re ready for treatment, and that takes commitment and MONEY.

Per the County: When it comes to treatment, there is a statewide online treatment resource called www.fasttrackermn.org , and another statewide resource locator is https://www.211unitedway.org/ .

Also, below, please note some of Goodhue County specific treatment resources:

• Goodhue County Health and Human Services – Rule 25 Assessments and funding, guidance and resources – Red Wing (651) 385-6181 or HHS main line (651) 385-3200.
• Valley View Recovery – Inpatient (currently men’s only) – Cannon Falls (507) 601-5006
• Common Ground – Outpatient Services, assessments – Red Wing (651) 347-6500
• Midwest Recovery – Outpatient Services, assessments – Red Wing (651) 846-9010
• Zashata Burton with Moment to Moment Healing – Assessments, individual counseling – Red Wing (651) 380-0043
• Nystrom & Associates – Substance treatment services, counseling – Red Wing (651) 977-500
• Goodhue County Treatment Court – Helping non-violent offenders within the criminal court system.  Treatment Court Coordinator Kaitylyn Olmsted  (651) 267-4958

Thank you for this list of resources. Nina Arneson, Director of Health and Human Services, Goodhue County, has been very helpful and responsive in finding health related info.

Here it is, read it and SNORT!

From a post about 2,100 MW of new transmission:

Developers of 2,100 MW MISO-PJM transmission line choose engineering firm

Let’s think about this a bit. This is a MISO to PJM transmission project. Transmission serves what’s on the line. In MISO, (see above) it’s coal, followed by natural gas, both fossil fuel, and those two followed by nuclear, the most toxic, dangerous, and expensive generation.

Amid all the bluster about climate change, coal generation has ramped up over the last year. Factor to consider — in May of 2020, not much was happening anywhere, so increased generation from then seems likely, to be fair, we need comparison to 2019, BUT, clearly the coal plants are NOT being shut down. And with our transmission build-out over the last 20 years, they can ship and sell it anywhere. What is it going to take to get this fossil generation shut down?

And look at PJM’s mix:

And again, much of the coal in PJM was smaller plants, except for that monster in West Virginia, smaller plants that were too expensive to run, not at all marketable, so they were shut down. MISO is another story, with large coal plants, transmission to get it from any Point A to Point B, and probably the last coal plant to be built, Warren Buffet’s 700MW MEC coal plant, served by the transmission build-out through southern Minnesota and across Iowa.

Why would we need more transmission? WE don’t. THEY DO, it’s a major part of their new business plan. As Lisa Agrimonti so aptly stated in a recent Grid North Partners Conference, it used to be about NERC reliability criteria, “a pretty simple story,” but now, “we need this transmission line to deliver energy more broadly” and it’s a more complicated need story.

Yeah, that’s what they’re wanting to do, for sure!

With the change from reliability to the general “we want it” corporate greed = need, how can a project be challenged?