Phil Krinke Disrobes Emperor

Reprinted from Pioneer Press

Saint Paul Pioneer Press
December 29, 2002
Section: Editorial
Edition: City
Page: A20
Column:EDITORIALS



ST. PAUL

CITY INSPECTOR ABUSES REQUIRE FULL INVESTIGATION

In a troubling rebuke to the city of St. Paul, a Ramsey County judge has ruled that city inspectors used their enforcement powers in bad faith and issued discriminatory criminal citations to intimidate a state legislator who was promoting a bill they disliked. City leaders must respond forcefully to this politicized misuse of authority and the attitudes that produced it.

District Judge Edward Cleary on Monday dismissed seven misdemeanor citations against Rep. Phil Krinkie, R-Shoreview, and employees of his heating and air conditioning firm. Krinkie is an outspoken conservative often critical of government bureaucracy. He claims his nonunion shop has had more than its share of friction with city inspectors over the years.


Cleary found that the exceedingly rare criminal charges, in connection with building code violations, came just as Krinkie was working (unsuccessfully) to pass legislation that would have allowed private inspectors to compete with municipal inspectors.

The judge found in the evidence no plausible explanation for these circumstances except that Krinkie was the victim of "selective prosecution of a legislator for proposing unpopular legislation ... adverse to these city employees."

In September, this editorial board voiced concern about vague answers coming from inspections officials and the city attorney in this case, but expressed confidence that the city would eventually provide adequate explanations. It is disappointing and disturbing that such confidence proved misplaced.

The city will no doubt explore its options for appeal. Prosecutors may, and should, investigate whether any crimes have been committed by city employees in this matter. But what's most important is that city leaders fearlessly examine and where needed reform St. Paul's licensing and inspections operations. Something is terribly wrong for this dispute to reach such an embarrassing and troubling pass.

The court properly complained of the fact that the city has no written guidelines or policies setting forth criteria for issuing criminal citations in inspections matters. The absence of such guidelines invites both the appearance and the reality of arbitrary and selective enforcement actions.

But the problem goes deeper, as does the danger. Equality before the law is the bedrock principle of decent government; punitive or retaliatory prosecution (especially in an attempt to quash political speech and action) is the essence of injustice.

The broad discretionary powers of municipal licensing and inspections authorities, and their inevitably complex relationships with contractors and unions, make this fertile soil for abuses. City leaders must respond to this black eye by acting energetically to banish arrogance and self-seeking from its enforcement functions.





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