Legalectric

My LTE is in the paper today, on hearing him say he got only 2 emails supporting Pohlman’s firing, and that an “overwhelming majority” was in an uproar:

Letter: An open letter to Red Wing Mayor Mike Wilson

Written By: Carol Overland | 1:50 pm, Mar. 13, 2021

Do recall, I sent three emails to the City address, distributed to you and the Council. The bottom line was “I thank you for doing your jobs, difficult as it can be.” In those emails, I questioned the public letters, petition, and comments regarding Roger Pohlman that implied knowledge of confidential matters, twisting public perception. Because it’s a confidential process, insinuations and innuendoes couldn’t be refuted. Rep. Haley’s interference in city issues, seeking to prevent termination, also alluding to inside information, was as improper as the interference play on the national front seeking to overturn Georgia’s election.

In Red Wing, I hear cries of “witch hunt,” and “we have only begun to fight” and ugly statements about council members — irresponsible speech in light of our political climate (“credible threat” lockdown of Goodhue County building for refugee resettlement vote last year; Sen. Mike Goggin joining Rep. Steve Drazkowski and others, asking Texas A.G. to add Minnesota to lawsuit and disenfranchise Minnesota voters; Jan. 6 D.C. failed insurrection.). There’s talk of a recall effort of six council members. These words and actions will not change the Pohlman decision.

Your column (RE, March 6, 2021) hearkens back to a recent failure to accept election results, and uses the rhetorical gambit of using words of others, words conveying little understanding of the process, i.e., process is confidential, Pohlman was represented by counsel, that it was a lengthy process with iterative opportunities for change.

Not one of the supporters’ comments you quoted substantively challenged the examples cited in the council’s Feb. 19 letter, nor do you make any substantive challenges of your own.

“Remember, if it’s important to you, it’s important to me.”

The flurry of inflammatory charges during confidential proceedings prior to his termination was important enough, concerning enough, that I wrote three missives. And now? It’s important to me that decisions of the council be acknowledged, and not undermined. A 6-1 vote is not a close call. That is an “overwhelming majority.”

Red Wing has a weak mayor system, with the position being that of a bully pulpit. Using your position for a column of this fomenting tenor is divisive and increases rancor in our community.

In short, based on the information stated in the 2/19 letter, what’s been reported in the papers including your words, and a viewing of the short 2/19 council meeting, I support the City Council in its 6-1 decision to terminate Pohlman.

Carol A. Overland, Red Wing

+++++++++++++++++++++++++++++++++++++++++++++

Here’s what Mayor Wilson had to say:

Column: Red Wing mayor fields questions about police chief’s departure

“The Mayor is IN” is a monthly column that appears in the Republican Eagle and online. Written By: Mike Wilson, Red Wing mayor | 7:00 am, Mar. 8, 2021

Mike Wilson

With COVID and so much else going on, it takes a lot to get people any more worked up and worried than they already are. But I’m really getting an earful about the City Council’s decision to fire our now former police chief, Roger Pohlman.

Red Wing citizens are calling, emailing, and stopping by my Third Street office. They are puzzled about the process, or lack of it, and furious about the outcome.

From what I see and hear, community support for him is overwhelming. In fact, I’ve received exactly two – yes, just two – emails from people who thought the council made the right decision. That’s it. Checking my notes from folks who have stopped by the office, called, or emailed, these points come up again and again.”

“The chief didn’t get a fair shake.”

“What ever happened to due process? Why weren’t citizens allowed to speak at the council meeting?”

“Why wasn’t Chief Pohlman allowed to attend and speak in his own defense? What kind of a kangaroo court is the council running?”

“Chief Pohlman treated people with respect, honesty, and kindness. I can’t believe what they did.”

“Looks like they had their own agenda and fired him for reasons that remain secret. Why weren’t citizen taxpayers allowed to weigh in?”

You get the idea. And when I met with members of our police force, to a person they expressed support and admiration for Pohlman. Quite frankly, I’m concerned about morale on the force, and about our ability to keep the top flight cops who have served Red Wing so well.

I’m also hearing plenty about what some are calling the taxpayer funded, multi-million dollar proposed “Bridge to Nowhere” that would link Bay Point Park to West End businesses. More on that later.

When “The Mayor is IN” sign is out at 327 Third St., feel free to stop in and share your ideas and opinions.

Or email me anytime at: mike.wilson@ci.red-wing.mn.us. Remember, if it’s important to you, it’s important to me.

Don’t forget to tune in to KCUE Radio 1250 at 9 a.m. on the second and fourth Thursday of every month for “A Conversation With Mike.” It’s a live interview where you get to ask the questions. And I’ll also share the topics that were discussed, and what will be discussed, at the Council meetings the second and fourth Monday of each month.

There’s been a lot of talk landing in my inbox these days about the PFAS mess in the surface and ground water around the La Crosse Regional Airport, affecting private and public wells.

The City of La Crosse has sued:

PFAS? Welcome to our world in Minnesota:

MPCA PFAS 3M Settlement

That settlement was for $850 million, “settled” in 2018, but I think it was too little and too soon.

Meanwhile, La Crosse, WI is taking this seriously, and the City of La Crosse has sued the handful of those making and marketing and selling PFAS:

City Of La Crosse Files Lawsuit Calling Out 23 Companies For PFAS Contamination

And the City of La Crosse’s page:

Well Water Testing Around the La Crosse Regional Airport

More articles:

La Crosse files lawsuit against ‘forever chemical’ companies after contamination spread to over 100 homes

La Crosse files lawsuit against 23 chemical manufacturers over PFAS contamination

Whew, time to take a breather. We had two briefs due at 1:30 p.m. today, and got them filed with 1/2 hour to spare! Let’s hear it for the power of Doritos! (Only way I got through Contracts and Corporations in law school was a two-fisted supply of Doritos and Haagen Dazs)

Here are our Grant County Intervenor briefs. Here’s the one for the Grant County Solar docket focusing on the CPCN application for that one project, followed by Applicant-Grant County Solar/NextEra:

And our non-party brief in the WP&L acquisition docket for SIX solar projects covering over 5,400 acres, followed by the others:

ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ

Rep. Zoe Lofgren has released a “Social Media Review” that “lists public social media posts from Members of the U.S. House of Representatives who were sworn-in to office in January 2021 and who voted to overturn the 2020 presidential election.” Most of the articles I see about this do not link to the actual “Social Media Review” so here it is, and below, state by state.

She is correct in challenging Representatives who supported and/or engaged in the (failed) insurrection of January 6, 2021:

Fourteenth Amendment 

• Section 3. No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
  • Amdt14.S3.1 Disqualification from Holding Office
    • Amdt14.S3.1.1  Disqualification Clause

For Minnesota, the “Social Media Review” features “our” Rep. Michelle Fischbach and Rep. Jim Hagedorn.

• Contact Rep. Michelle Fischbach
• Contact Rep. Jim Hagedorn

Social Media Review

The review is LARGE, it’s a HUGE file. You can also look up findings state by state:

• Alabama             (PDF)
• Arizona               (PDF)
• Arkansas            (PDF)
• California           (PDF)
• Colorado            (PDF)
• Florida                (PDF)
• Georgia               (PDF)
• Idaho                   (PDF)
• Illinois                  (PDF)
• Indiana                 (PDF)
• Kansas                  (PDF)
• Kentucky              (PDF)
• Louisiana             (PDF)
• Michigan              (PDF)
• Minnesota            (PDF)
• Mississippi           (PDF)
• Missouri               (PDF)
• Montana               (PDF)
• Nebraska              (PDF)
• New Mexico         (PDF)
• New York              (PDF)
• North Carolina     (PDF)
• Ohio                      (PDF)
• Oklahoma            (PDF)
• Oregon                 (PDF)
• Pennsylvania       (PDF)
• South Carolina    (PDF)
• Tennessee           (PDF)
• Texas                   (PDF)
• Utah                    (PDF)
• Virginia               (PDF)
• West Virginia     (PDF)
• Wisconsin          (PDF)

Turns out that this morning, I received an “invitation” to the Public Utilities Commission meeting tomorrow.

Tune in: Agenda MTG Thursday, February 4, 2021, 1pm

Meeting Details Agenda Live Webcast Viewing Instructions

I’d really not had time to think much about this on Monday, had to take a quick look and zip something off — testimony was due for WI so I had lots of back and forth with clients — so in afterthought, I realized that I’d missed the flip side of this, that the folks complaining were left in the dark here. THEY’RE NOT EVEN ON THE SERVICE LIST! WTF??!?!?!

So today after I got the Wisconsin testimony filed, I fired off a missive, and as I went to file, there were Xcel filings in the inbox:

Here’s my second missive:

Here’s my post from Monday:

Blazing Star Wind NOISE!

February 1st, 2021