Metro Gang Strike Force had illegal meeting, experts say
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posted by Bob at Saturday, April 18, 2009
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Saturday, April 18, 2009
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10 Comments:
Board members e-mailed each other to get agreement on a statement to preempt an editorial on Hawaii trip.
By RANDY FURST, Star Tribune
When a news story broke earlier this month about a trip to Hawaii by six Metro Gang Strike Force investigators, the group's governing board exchanged a flurry of e-mails about issuing a statement to preempt a newspaper editorial critical of the trip.
Rather than control damage, the e-mails violated the state's Open Meeting Law, according to several experts.
The Strike Force board had the electronic exchange despite warnings by an assistant attorney general in March that the board was subject to Open Meeting Law requirements and should avoid e-mailing "like the plague." The Star Tribune obtained a recording of his advice to the board.
The latest development comes as controversy builds around the Gang Strike Force over reports that cash and property it seized during drug busts was not properly inventoried, spurring a legislative auditor's investigation, currently underway.
Eight of the 13-member board, including some prominent local law enforcement officials, e-mailed each other. The Star Tribune obtained copies under the state Data Practices Act. The board's bylaws say a quorum for an official meeting is 51 percent.
Bud Shaver, West St. Paul police chief and chairman of the strike force advisory board, said the board acted properly.
"In my opinion, there was no violation of the Open Meeting Law," he said. "First of all, the topic at hand, a press release, required no vote or no action of the board. All that was done was consultation of several board members. The action of making a press release is within the authority of the chair to do so. It would also be considered an administrative duty."
He cited the board's by-laws, which say the chair can "act on the Board's behalf regarding routine, day-to-day matters."
Experts agree on violation
However, three experts said the e-mails were subject to the law.
Don Gemberling, retired director of information for the state Department of Administration, who routinely issued advisory opinions on the Open Meeting Law, said a quorum of the board sent e-mails.
"The whole idea of the Open Meeting Law is [when] you are going to have a quorum of a governing body get-together and talk about public business, there has to be a meeting held in the open." He said even though Shaver had authority to issue news releases, other members offered input, so it was covered by the law.
Mark Anfinson, Minnesota Newspaper Association attorney, said board members were "consulted in how to formulate the news release. ... Once a quorum became involved in that process, you had a meeting law issue." He added, "It is not a huge violation" but he said they "shouldn't be doing that."
Attorney Marshall Tanick, an expert on news media law, said: "Their response is nonsense. The question is whether a meeting occurred by virtue of the e-mails, and it did, regardless of whether any action was taken."
According to a recording of a March 18 board meeting at which members approved the Hawaii trip, John Gross, an assistant attorney general, told the board, "I guess my only advice to this board is to be very careful of what you include in e-mails and who you send them to, because these are open meetings."
Gross continued, "E-mails are potentially also open to the public, so if someone from the legislative auditor or from the media wanted to request these e-mails, they might be able to get 'em. ... Sometimes it's just unavoidable, but if you can, avoid it as much as possible, avoid it like the plague. ..." He declined to comment Friday.
Formulated a defense
The Star Tribune reported on April 5 that six Strike Force investigators traveled to Hawaii for an Asian gangs conference at a cost of $16,800.
On April 8, Minneapolis Deputy Chief Rob Allen e-mailed the Strike Force board, citing an inquiry by the newspaper's Jill Burcum, who was preparing an editorial on the trip. The editorial was published April 10.
Allen expressed concern that Lt. Jim Heimerl, the Strike Force's second in command, was being made a "scapegoat" because he authorized airplane tickets, when it was the board that approved the trip. Allen proposed the board issue a release defending the trip.
Seven board members e-mailed the group, backing the idea. They were Nick O'Hara, Ramsey County undersheriff; Dave Pecchia, Lino Lakes public safety director; A.J. Olson, deputy chief of the Metro Transit Police; Dave Bellows, Dakota County chief deputy sheriff; William Hutton, Washington County sheriff; Dave Thomalla, Maplewood police chief; and John Harrington, St. Paul police chief. Shaver ordered a news release sent.
Bellows said this week: "The media was looking for a pretty quick answer, so we were trying to accommodate the media." He said he did not "necessarily look at it as a violation." Thomalla said Allen "was looking for input on our reaction, and we were weighing in our opinion." Hutton said, "If we are in error, we would need to correct what we did wrong. But if we didn't, we'll proceed with the advice of our counsel."
Shaver said that because the board was created by a joint powers agreement he might ask the administration department whether it was covered by the Open Meeting Law.
Gemberling said that he believed it is covered. Laurie Beyer-Kropuenske, current director of the information policy analysis division for the administration department, said she didn't know if the board was subject to the Open Meeting Law or if Shaver was empowered to perform certain functions without a majority vote taken at an open meeting.
"I need to know more facts," she said.
Randy Furst • 612-673-7382
Yeah yeah yeah, what else is new. Around this town, as we've seen in the past, they just do whatever the hell they want to do and the law or anyone's rights be damned.
10:09 AM
Your right.
Stealing from the people is condoned here in St.Paul either thru tax rip-off or thru code cops screwing you out of your homes.
I been saying that from 1996 till now, I pointed this out and people on the DFL party kept telling you all that I was nuts.
I running for mayor and we will bring the dirt to the suffice and see how many plundered from others besides me.
This town stinks from 1930's till now from corruption in this city and county.
This blog is kicking their ass, and the power of the computer shows that people are telling the truth about the DFL Party and their hand in our pockets.
We had Finney and his way of hustle treatment to the people of St.Paul, he was caught taking thing from the property room at the police station.
The Gold Berretta pistol, how much drugs were put back out on the street by this cities dirty cops?
Thank you all from, the friend of the people Bill Dahn
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Fletcher is about to go to federal prison and join FOUR of his former deputies.
Fletcher is a Republican.
Thank you Bill Finney for your contribution here.
"Fletcher is about to go to federal prison and join FOUR of his former deputies.
Fletcher is a Republican."
This was the line [Fletcher is a Republican] you used in your failed run for Ramsey County Sheriff.
The fact is Mr. Fletcher has not attended any Republican meetings for the last 20+ years and has never had the "Republican" endorsement for any of his electiond for the past 25 years.
He ran for mayor as a Republican and ran for state Senate against John Marty as a Republican- endorsed both times.
He is such a dick that as Sheriff the Republicans knew better to endorse him. The Party of Bush thought he was too much for them-haha.
Why would Chris Coleman, the Democratic St.Paul Mayor turn in his law licence?
Who out there has the answer?
7:16 There is a requirement that one takes continuing education credits to keep you law license. It is not unusual for someone who is a full time elected official to let their license go while they are in office.
I got ten cents that says Pawlenty doesn't have his anymore either, and that Norm let his go while he was in the Senate.
JMONTOMEPPOF
Chuck Repke
10:20 AM
Do you have rock in your head. Mr. Fletcher has not run or has been endorsed for any office by the Republicans in the last 25 years, nor has he been to any Republican meetings.
Yes, he ran for the Minnesota Senate and St. Paul mayor, buy he ran for mayor as an independent, not a Republican.
Please check your facts before you spew your anti-Republican, anti-Fletcher crap here.
So what is someone runs as a Republican, A. Lincoln ran as a Republican. If memory is correct, it is the Democrats who wanted to keep blacks slaves and instituted the "Black Codes" in the south. Democrats are associated with slavery and keeping the black man down. It is the Republicans who freed the black population from slavery and the unfair "Black Codes" established by the Democrats.
Next you are going to saw this is not true, all I have to say is pick up any hisorty book and READ before you post.
1. If Fletcher ran against Marty for state senate, he was the Republican candidate. He ran as a Republican.
2. However, when he ran for mayor, like Sheriff, he remained independent as technically, there is no party designation for local races. That's why most times you have a Democrat vs. Democrat in the end.
3. Bob Fletcher belongs to the party of Bob Fletcher. That's the bottom line. I know Republicans (elected officials) who wish he'd go away as much as some Democrats. Take it how you want. He is a political survivor.
4. If you are going to talk about how good the Republicans are blacks and other minorities, you might want to pick some examples in the last 100 years. Since the 50's, the Democrats became the party of the minorities and working people (labor), the Republicans conserving the status quo structure and appealing to business.
I'm not sure what any of this has to do with the gang task force stuff. The board has cops from both parties. So its not a political scandal in the sense one party is more corrupt than the other.
Fletcher has not made more friends over the years and he should have informed his deputies to be pretty damn careful about everything, especially since they just lost two deputies.
Whomever is giving the public affairs advice over there dropped the ball and still may be dropping the ball. With all that has gone on in the last year with the RCSO, I'd suggest getting a professional pr firm to help with their image or hiring a political professional to work with them. Or, get ready for a new boss.
Simple as that.
Eric
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