Category Archives: Open Meeting Law/ Data Practices

IPAD to Review Whether City in Violation of MN Data Practices Act

IPAD has agreed to review whether the city of Red Wing complied with the Minnesota Data Practices Act when it redacted data from Associated Bank’s appraisal of MNGL.  Read IPAD’s letter here. The City’s response is due by June 1, 2011.

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Filed under Accountability, Government's Footprint, Minnesota, Mississippi National Golf Links, Open Meeting Law/ Data Practices, Red Wing, Red Wing City Council

Mississippi National Golf Links | Is the Legislation Merely a Clarification?

The city of Red Wing has argued that the legislation on its way to the Governor is merely a “clarification” of their ability to sell MNGL.  In doing so, they try to minimize the importance of this bill in terms of protecting the public’s interest in this valuable recreational space.

In the Kronschnabel case, the Minnesota Supreme Court held, “Since the legislature has imposed a governmental purpose upon the use of the property, the city is not permitted to use it otherwise or redelegate the use except by legislative authority. …The property in question is held by the city for a governmental purpose and…the city must have legislative authority to transfer it.”  State v. Kronschnabel, 137 N.W.2d 200, 203.  (1965)

The bill doesn’t clarify the City’s authority to sell, as if they might have the authority but it’s unclear; it grants the authority to sell. Under Kronschnabel, absent legislative authority, the City can’t sell the property.  It’s that simple.

Why does this matter?  It matters because we have been denied by the City Council the opportunity to weigh in on what requirements should be included in the legislation prior to legislative action, such as deed restrictions, enforcement provisions, reversion clauses, etc.

It’s true the Council has to ratify the legislation in order for it to become law, but the Council is now free to proceed with the sale without any additional protection of the public’s interest than what is contained in the bill.

Ask yourself this, if the legislation really was merely a clarification, then why didn’t the Council put it on the agenda for approval?

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Filed under Accountability, Minnesota, Mississippi National Golf Links, Open Meeting Law/ Data Practices, Red Wing, Red Wing City Council

Gov. Dayton Asked to Veto MNGL Bill

Here is my letter to Gov. Dayton asking him to veto the bill allowing the sale of MNGL.

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Filed under Accountability, Minnesota, Mississippi National Golf Links, Open Meeting Law/ Data Practices, Red Wing, Red Wing City Council

Audio | MNGL Meeting May 10, 2011

Below is the audio from our Save MNGL meeting tonight. Good discussion back and forth. Also in attendance, Mike Schultz, Dean Hove, Mayor Egan, Sen. John Howe.

Lengthy discussion on the process used to pass the enabling legislation, the absolute need for the City to have the property appraised, (its own appraisal) and the risks involved in a private sale. The ballot initiative is also discussed.

The loud and persistent theme that has emerged from our meetings is this:  Who is running our city?  Staff or City Council?

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Filed under Accountability, Minnesota, Mississippi National Golf Links, Open Meeting Law/ Data Practices, Red Wing, Red Wing City Council

Incurious?

incurious: |adjective(of a person or their manner) not eager to know something; lacking curiosity.

Example:  City Administrator tells the Mayor and City Council that an RFP process is preferable to a public listing for the sale of MNGL.  No one asks why.

Incurious, or has this been already discussed outside of the open meeting?

The public would sure appreciate hearing the reasoning as to why an RFP is preferred.

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Filed under Accountability, Minnesota, Mississippi National Golf Links, Open Meeting Law/ Data Practices, Red Wing, Red Wing City Council

Red Wing Mayor’s Community Meeting | Audio

Listen here to the Mayor’s Red Wing Community meeting of April 28,2011.  A broad discussion ranging from the sale of MNGL, to transparency in government, and budgeting. Listen for the answer to the question,” Who runs Red Wing, City Staff or the City Council?”

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Filed under Accountability, Economic Development, Minnesota, Mississippi National Golf Links, Open Meeting Law/ Data Practices, Red Wing, Red Wing City Council

MNGL | A Public Space Presentation

Click the image to see the presentation. On the top of the new page click the play button to listen, and click the main image to advance the slides.

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Filed under Accountability, Minnesota, Mississippi National Golf Links, Open Meeting Law/ Data Practices, Red Wing