Commerce “response” to AFCL’s data request
January 14th, 2020
![](https://legalectric.org/f/2009/03/screamhomer.jpg)
Just in, Commerce-EERA responses to Association of Freeborn County Landowners’ 11/25/2019 Data Practices Act Request:
This was the one we sent trying to get information on a Pre-Construction meeting that we’d not heard anything about, and damned if the meeting didn’t start about half an hour after we sent this request!!! Here’s the response to that 11/25/2019 request:
Some highlights:
![](https://legalectric.org/f/2020/01/image-17-1024x214.png)
Yes, there is that statement again of that “quick, delete those emails” Commerce policy, stated above: “As your request was received on November 25, 2019, unless I have saved an email, emails that I could provide you with would be from August 27, 2019 to November 25, 2019. ” And six times in that missive, “EERA must reiterate that email correspondence prior to August 27, 2019 had been automatically deleted by the Agency’s email system.” Yeah, we get it…
OK, fine, we send Data Practices Act Request every 90 days… we can do that.
And when we request notice of Pre-Construction meetings, after all, after all, we’re a party, have been for years now, yet from PUC’s Kaluzniak’s email about our April 23, 2019 Data Practices Request there’s an inference drawn about AFCL attendance at meetings…
![](https://legalectric.org/f/2020/01/image-19-1024x93.png)
And EERA says about notice to meetings:
![](https://legalectric.org/f/2020/01/image-18-1024x497.png)
FYI – Here’s Xcel’s Summary of the 11/25/2019 Pre-Construction meeting that no one told us about, filed December 6, 2019:
That same day, just before that Xcel filing and almost 2 weeks after getting confirmation of our 11-25-2019 Data Practices Request from the Data gurus at both PUC and Commerce, this arrives from Rich Davis… can you spell “oppositional” anyone?
![](https://legalectric.org/f/2020/01/image-20-1024x775.png)
Yeah, it’s just more of the “Davis Shuffle.” Save, document, wait… we’re already sitting at the Court of Appeals, and we’re waiting for PUC to address our EAW Petition. Just keep it up…
PUBLIC PARTICIPATION ANYONE?
Minn. Stat. 216E.08
Subd. 2. Other public participation.The commission shall adopt broad spectrum citizen participationas a principal of operation. The form of public participation shall not be limited to public hearings andadvisory task forces and shall be consistent with the commission’s rules and guidelines as provided for insection 216E.16.
Goodhue County mtg in news
January 11th, 2020
Goodhue County approves refugee resettlement
![](https://legalectric.org/f/2020/01/20200107_1603591-1-1024x768.jpg)
County Board as they discussed refugee resettlement. There were extensive comments and questions by the Goodhue Co. Commissioners, a couple handouts in the packet, but they were not provided with the federal law.
What didn’t they get in the packet? Executive Order 13888_2019-21505, which initiated the requirement for consent, prior consent, to accept refugees. That’s new. The consent however, is a restatement of existing county policy. There was no copy of the ” Presidential Determination – 2019-26082_Refugee Admissions FY 2020″ which limits refugee admissions to 18,000, a severe cut from prior years. And a basic outline of the Refugee Resettlement Act and implementation of the law. So I sent the Commissioners that info. Also missing was Gov. Walz’ proclamation of consent:
Governor Walz to Trump Administration: ‘The Inn is Not Full in Minnesota’
Goodhue County consents to continue to accept refugees
January 8th, 2020
![](https://legalectric.org/f/2020/01/Goodhue-County-Board-1024x988.jpg)
THANK YOU, Goodhue County Board.
Yesterday, the Goodhue County Board‘s Committee of the Whole consented to refugee resettlement, continuing its long-standing policy of accepting refugees. This meeting left me feeling that despite the loud, angry, misinformed, in some cases outright lying and inciting, opposition, “the right thing to do” prevailed. I spent two days researching, lobbying, emailing, fbing, twitting (naaah, not much), Legalectricing, and phone calling, many others doing the same, and so many showing up.
This whole mess started with years of anti-Islamic rhetoric (How Minnesota Republican Operatives are sowing distrust of Muslims) and then tRump’s open campaign to end Muslim entry into the U.S.
![](https://legalectric.org/f/2017/02/StatementonPreventingMuslimImmigration-786x1024.jpg)
Then came the Muslim Ban Executive Orders, challenged in court at every turn and almost always the court finds them unconstitutional (how many times do we have to do this… well, we have to do this EVERY time he issues one of these Orders).
Remember
Executive Order 13769 -Protecting the Nation From Foreign Terrorist Entry Into the United States ???
Then last fall, along comes Executive Order 13888, which requires that a state and local government must give prior consent before any refugees can be resettled in that jurisdiction:
Note Pending legal challenge to tRump’s E.O. 13888.
And don’t forget that tRump cut refugee admissions to just 18,000 for the entire U.S.:
Anyhoo, state by state, county by county, we’re going through this process to consent to refugee resettlement. If there’s no consent, then no refugees can settle here (initially, they can be settled elsewhere, and move here, though if they do move into a non-consenting state, their 90 days of financial aid ends). Goodhue County addressed consent last night, and granted consent, which means that the County will continue its long-standing policy of acceptance of refugees. It was an administrative action, because the County policy is, has been forever, to accept refugees. Accepting refugees, for Goodhue County, doesn’t mean much, as the last refugee resettled here was in 2011, exactly ONE, and in 2010, also exactly ONE. None since. But it’s an important symbolic statement to make in light of EO 13888.
Last night it was a packed room. Here’s the Board:
![](https://legalectric.org/f/2020/01/20200107_1603591-1024x768.jpg)
Here are the documents included in the County packet:
1. Refugee Resettlement in Goodhue County
Documents:
Refugee Resettlement Presentation.pdf
Refugee Resettlement Additional Information.pdf
And it’s been an ugly time here in River City, with the Red Wing Tea Party agitating, with an irresponsible “candidate” for MN’s Congressional District 2 (this time around) delivering an inciteful rant about Goodhue County’s consideration of consent, a decision required by E.O. 13888. There’s been a rash of anti-Muslim wildly false and hateful statements, things that are jaw-dropping. When we got to the county building, all the entrances were roped off, saying to go around to the 5th street entrance, and going in, we’re greeted bydeputies galore, a sign in sheet, and metal detector. At the beginning of the meeting, there was an announcement that there was a credible threat, hence security beefed up like I’ve never seen at the County.
In the Red Wing Republican-bEagle:
Goodhue County approves refugee resettlement
A prior post here on Legalectric:
Refugee Resettlement in Goodhue County
THANK YOU, Goodhue County Board.
Stearns County EO1388 Consent tabled to next mtg
January 7th, 2020
![](https://legalectric.org/f/2020/01/minnesota-1896-stearns-county-map-stearns-county-published-by-cm-foote-co-historic-map-works-llc.jpg)
Stearns County tabled its E.O. 13888 Consent agenda item until the next meeting, a request for a letter from county consenting to refugee settlement. In Stearns County, there have been 662, 22 in 2019, and 12 in 2018. The County documents are below.
Stearns County Board – Video – Refugee Settlement begins at about 19 minutes in: VIDEO HERE
![](https://legalectric.org/f/2020/01/GoodhueCoRefugee.jpg)
Pending legal challenge to tRump’s E.O. 13888
January 6th, 2020
![](https://legalectric.org/f/2020/01/trump-gangsigns.jpg)
There’s quite a discussion here in Red Wing about Goodhue County’s upcoming decision whether the County will continue to allow refugee resettlement in the County. This decision is necessary due to Trump’s issuance of Executive Order 13888, which prohibits resettlement of refugees unless the Governor of the state and the head of the local governmental unit have consented in advance to refugee settlement.
That means that for refugees to be able to settle somewhere, there must be an affirmative YES! to allow settlement. Minnesota’s Gov. Walz has given his consent and has welcomed refugees to Minnesota:
Governor Walz to Trump Administration: ‘The Inn is Not Full in Minnesota’
In Minnesota, that means that local governments now also must consent to be able to settle refugees in the area. County by County, here are the numbers for Minnesota counties that admitted any refugees, ones not listed, such as Goodhue County, admitted ZERO. NONE! NADA!
![](https://legalectric.org/f/2020/01/GoodhueCoRefugee.jpg)
Goodhue County will be discussing this in a Committee of the Whole meeting tomorrow, here’s my post on that:
Refugee Resettlement in Goodhue County
In the meantime, there a federal case working its way through Maryland Southern District — keep in mind that the tRump administration is not doing well in federal challenges of its immigration Executive Orders, tRump has lost most, if not all of them (so many, it’s hard to keep track!). Here’s the Complaint and Amici filings available online:
12-13-2019_Amicus_BRIEF OF THE STATES OF CALIFORNIA, ILLINOIS, MARYLAND, CONNECTICUT, MASSACHUSETTS, MINNESOTA, NEW JERSEY, NEW YORK, OREGON, PENNSYLVANIA, VIRGINIA, AND WASHINGTON AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION Download
BRIEF IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION -Motion-for-Leave-to-FileDownload
This is everything I can find, and I need to call PACER to get into my account (new computer, AAAAAAAAAARGH!) and look at the filings in the docket, so there may be more. I can’t find the Administration’s Answer, which should have been filed in December. I’ll be digging for that and more when I can get into the court’s docket file.