ag opinions capitolonesettlementacorn_higgs_barden

21

Upload: sharon-anderson

Post on 09-May-2015

603 views

Category:

Education


0 download

TRANSCRIPT

Page 1: Ag opinions capitolonesettlementacorn_higgs_barden
Page 2: Ag opinions capitolonesettlementacorn_higgs_barden
Page 3: Ag opinions capitolonesettlementacorn_higgs_barden
Page 4: Ag opinions capitolonesettlementacorn_higgs_barden
Page 5: Ag opinions capitolonesettlementacorn_higgs_barden
Page 6: Ag opinions capitolonesettlementacorn_higgs_barden
Page 7: Ag opinions capitolonesettlementacorn_higgs_barden
Page 8: Ag opinions capitolonesettlementacorn_higgs_barden

EMAIL FRIEND | PRINT ARTICLE | 17 COMMENTS | SHARE

Recent Articles

The Left's Sexual Terrorism

Barack Obama, Esq.

Report: Obama said 'I Am a

Muslim'

Katrina and BP, Two Sides

of the Same Coin

Who Owns the Land,

Anyway?

The Liberal Takeover of the

World Cup 2010

Some Advice for the Tea

Party: Take Your Time and

Learn from Your Mistakes

Dodging the Anti-Semitism

Bullet

Mr. President, You're Stuck

on Stupid

The Slave Mentality

Blog Posts

Larrey Anderson, Dan Riehl

on Moran's show

The Unbearable Lightness

of Zero

Animal-rights activist

forces pharmacy out of

Texas shopping mall

Connect the Dots

The Baehr Essentials

Before the Tea Party

NYT more clueless and

biased than Al Jazeera

An execution in Texas stirs

debate

A little sympathy for Rep.

Etheridge, please

These boots are made for

talking

Monthly Archives

June 2010

May 2010

April 2010

March 2010

More...

Home Archives RSS Syndication Merchandise Donations Contact About Search

October 15, 2009

ACORN, Payola and Color of LawBy Mark J. Fitzgibbons

Here's one example of how state law

enforcement officials have leveraged and

possibly violated the law to help ACORN in

return for ACORN's political help.

In December 2004, Minnesota Attorney

General Mike Hatch sued Capital One for

failing to state in its advertisements that it

could increase interest rates on credit cards.

As part of a 2006 settlement, Capital One paid

$749,999, of which $249,999 went to

ACORN, $250,000 went to the nonprofit

Legal Aid, and $250,000 to the State of

Minnesota.

ACORN's political action committee had endorsed Mike Hatch for attorney general in 1998

and 2002, and in 2006 for governor.

In 2008, Minnesota's Legislative Auditor, James Nobles, conducted a review of the Capital

One settlement and payment to ACORN. By letter, he asked Hatch's successor, current state

Attorney General Lori Swanson (who was given a grade of A+ from ACORN in 2008) for

information about the settlement. Specifically, Nobles asked:

[Minnesota statute 16A-151] says: ‘A state official may not commence,

pursue, or settle litigation, or settle a matter that could have resulted in

litigation, in a manner that would result in money being distributed to a

person or entity other than the state.' An exception is... if the settlement

amount is less than $750,000. It is alleged that the Attorney General's office

sought a judgment of $749,999 to avoid the prohibition [on diverting

settlement money from the state]. Is that true? If not, please explain why the

Attorney General's office sought a $749,999 judgment.

Swanson's response to Nobles in May 2008, rather than conducting any independent inquiry

herself, consisted of forwarding a May 2008 letter from Mike Hatch, who denied impropriety.

Swanson's response to the investigation of whether Minnesota law was violated, in other

words, was that the alleged perpetrator said he's innocent.

Hatch's letter begged more questions than it answered. In response to Nobles' question about

why Hatch sought and accepted a $749,999 settlement, exactly one dollar below the statutory

threshold requiring all of the settlement money to be paid to the state, Hatch replied, "[t]he

answer is because that is what the statute permitted."

That answer, of course, evades Nobles' question. The settlement could have been for any

amount or no amount whatsoever, rather than exactly one dollar below the threshold that

would have required the settlement proceeds be paid to the state. That exactly one-dollar

difference would have barred ACORN from receiving any portion of the settlement proceeds.

Internal Whol...

Prudentials Life

Brokerage Distribution is

experiencing contin...

Plymouth, MN

Compressor En...

Ingersoll Rand is a $13

billion company whose

people and busin...

Minneapolis, MN

Systems Engineer

Job Opening Ingersoll

Rand is a $13 billion

company whose peop...

Minneapolis, MN

Senior Networ...

"DREAM, DESIGN,

DELIVER" POSITION:

Senior Network Engineer

LOC...

Eden Prairie, MN

June 16, 2010

Home --> Articles

www.smm.org Ads by Google

Cash For Your

Settlement

— We Buy Structured

Settlements — Get Your

Settlement Cash Today!www.SenecaOneCash.com/Settlements

American Thinker: ACORN, Payola and Color of Law http://www.americanthinker.com/2009/10/acorn_payola_and_co...

1 of 3 6/16/10 7:05 AM

Page 9: Ag opinions capitolonesettlementacorn_higgs_barden

Hatch admitted that "[i]t was in the State's interest to settle the litigation," and he explained the

retired judge mediator in the case seriously questioned the merits and available remedies for

the case. It is conceivable from Hatch's letter that Capital One should have paid no money.

Hatch said Capital One refused to consent to a settlement that could be construed as a civil

penalty payment to the state. State civil penalties, however, may be less than $750,000. The

$749,999 threshold was irrelevant to Capital One's concern, and irrelevant to why Hatch would

accept a settlement paying ACORN $249,999, especially since the settlement included

$250,000 to the state.

Hatch's letter gets even more squirrelly. He claimed Capital One agreed that $250,000 would

be used to reimburse Minnesota for its investigation costs, and $250,000 would go to Legal

Aid at Hatch's suggestion. Hatch, however, claimed it was a Capital One executive who

suggested that the remaining $249,999 be paid to ACORN "for purposes of supporting

financial advocacy, education and assistance in Minnesota." The question remains, who

influenced Capital One to suggest payment to ACORN as part of a settlement?

In explaining why the payment to ACORN should not be construed as quid pro quo for

ACORN PAC's several political endorsements of Hatch (who narrowly lost his 2006

gubernatorial bid to Tim Pawlenty), Hatch said the Capital One settlement payment was to

ACORN, which is a separate entity from ACORN PAC. He assured Noble that by law the

entities could not commingle their activities. He said he was never endorsed by ACORN. His

successor Lori Swanson, however, received a grade of A+ from ACORN, not ACORN PAC.

Hatch also said he "had worked with ACORN on several credit-related cases . . . and found

[ACORN] very credible." He went on to praise ACORN's financial counseling services as

"very credible," and noted "ACORN also provides free tax preparation services for low and

moderate income families in partnership with the IRS."

Hannah Giles and James O'Keefe should have gone to St. Paul, I guess.

The Legislative Audit Commission conducted a meeting on June 30, 2008, where Noble

presented his findings. MinnPost.com reported that Lori Swanson declined an invitation to

appear at the hearing. Hatch didn't show, either, and told the reporter he's "not talking to [the

reporter]."

That hearing addressed other issues, such as a Medicare fraud investigation. MinnPost.com

reported, "that some attorneys in the Attorney General's Office felt pressured to

Sign and issue a civil investigative demand without sufficient merit;

Insert unsubstantiated information in an affidavit;

Give advice that was not in the best interest of the client;

Find defendants to help the Attorney General's Office bring certain types of

lawsuits; and

Post comments favorable to the office and Attorney General Swanson on an

internet blog and record the time used for blogging as annual leave even

though state time was used."

Such problems, if true, would be serious trouble for a country lawyer, never mind the chief law

enforcement official of a state.

What Legislative Auditor Nobles did not address was another part of the statute requiring

settlement money to go to the persons injured by the alleged misconduct of the target of the

AG's lawsuit, and if such persons can't be located, then to the state. The law is designed to use

settlement money to compensate the injured. Mr. Hatch seems to have used it as a political

slush fund.

ACORN says it helped Lori Swanson in many ways, including writing legislation with her.

She looked the other way when the law may have been violated by her predecessor to help

ACORN, which helped Swanson.

Lori Swanson and Mike Hatch need to be questioned in detail and under oath about whether

Cash For Your

Settlement

— We Buy Structured

Settlements — Get

Your Settlement Cash

Today!www.SenecaOneCash.com/Settlements

Local Injury

Attorney

Minnesota Personal

Injury Attorney Over

30 Years Experiencewww.reitanlawoffice.com

The 9mm Won't

Save You

Discover What Self

Defense Masters &

The Army Don't Want

You To Knowwww.CloseCombatTraining.com

Non Hodgkins

Lymphoma

What Caused It? Are

You Entitled To

Compensation? We

Can Help!www.NonHodgkinsLymphomaLawsuit.com

Life Settlement

Quote

FREE Estimate of Your

Life Policy's Value.

Easy Process. No

Obligation.www.MyPolicyOptions.com

American Thinker: ACORN, Payola and Color of Law http://www.americanthinker.com/2009/10/acorn_payola_and_co...

2 of 3 6/16/10 7:05 AM

Page 10: Ag opinions capitolonesettlementacorn_higgs_barden

they violated the law and acted to conceal such violations.

17 Comments on "ACORN, Payola and Color of Law"

About Us | Contact | Privacy Policy © American Thinker 2010

American Thinker: ACORN, Payola and Color of Law http://www.americanthinker.com/2009/10/acorn_payola_and_co...

3 of 3 6/16/10 7:05 AM

Page 11: Ag opinions capitolonesettlementacorn_higgs_barden

Aitkin

Home > Directory Lookup > Judicial Directory >

Judge Profile:

Judge David C. Higgs

Ramsey County

Ramsey County Courthouse

Phone: (651) 266-8266

Appointed/Elected:

Appointed District Court Judge, Second Judicial District by Governor Jesse Ventura

Sworn into office, June 17, 2002. Elected in 2004. His current term expires in January 2011.

Bar Admission:

Home

About the Courts

Supreme Court

Court of Appeals

Clerk of Appellate Courts

District Courts

Programs and Services

State Court Administration

Judicial Council

Lawyer & Judge Regulation

Jury Service

Legal Terms

Court Rules

Law Libraries

Court Forms

Fees

Resources Directory Lookup

Publications and Reports

For Teachers & Students

For Media

For Justice Agencies

Contact Us

Page 1 of 2Judge Profile

10/7/2010http://www.mncourts.gov/?page=JudgeBio_v2&ID=30300

Page 12: Ag opinions capitolonesettlementacorn_higgs_barden

Admitted to Minnesota State Bar, 1981; United States District Court, 1982

Education:

University of Minnesota Law School

Juris Doctor, 1981

University of Minnesota

Bachelor of Arts, 1978

Professional Experience:

McCollum, Crowley, Vehanen, Moschet & Miller, Ltd.; American Family Insurance

& Warner; Engebretson & Associates

Professional Activities:

Co-Chair, Ramsey County District Court ProBono Committee.

Volunteer Mentor, University of St. Thomas Law School Mentor Program, 2003-2004.

Member of the Multistate Performance Test Policy Committee of the National Conference of Bar Examiners,

2002-present.

Member of the Minnesota State Board of Law Examiners, 1992-2002.

Member of the Multistate Professional Responsibility Exam Policy Committee of the National Conference of

Bar Examiners, 1996-2002.

Board of Directors, Southern Minnesota Regional Legal Services, 1993-2002.

Author “Reservations of Rights and Denials of Coverage”, Minnesota Insurance Law Deskbook.

Minnesota Supreme Court Racial Bias Task Force, 1991-1993.

Professional Memberships:

Minnesota State Bar Association; Ramsey County Bar Association; Minnesota Association of Black Lawyers;

Douglas K. Amdahl American Inn of Court

Page 2 of 2Judge Profile

10/7/2010http://www.mncourts.gov/?page=JudgeBio_v2&ID=30300

Page 13: Ag opinions capitolonesettlementacorn_higgs_barden

Attorney General Opinions By Date From 1993 to date, Reverse Chronological Order

Op. Atty. Gen 185b (Cr. Ref. 159-a-3) (June 15, 2007) SCHOOL ELECTIONS: PETITIONS: Petition Rules promulgated by the Secretary of State generally apply to petition for school district referendum. School district clerks should perform the

functions of “filing officer under those rules.:” Minn Stat. §§ 204B.071, 205A.05, subd. 1, 205A.13

(2006); Minn. R. ch. 8205 Independent School District No. 15 (St. Francis)

Op. Atty. Gen 852 (Cr. Ref. 64, 184-a) (October 6, 2006) GOVERNMENT DATA: CANDIDATES FOR PUBLIC OFFICE: Criminal history data collected by

city on council candidates is not private “applicant” data under Minn. Stat. § 13.43 (2004). Authority of city to collect such data questioned, Minn. Stat. §§ 13.03, 13.43, 13.601. City of Red Wing

Op. Atty. Gen 852 (July 14, 2006) GOVERNMENT DATA: Where members of governing body are considered employees of governmental unit, personal information submitted by applicants for appointment to fill vacancies

on the body is private personnel data except for items designated as public by Minn. Stat. § 13.43,

subd. 3 and 13.601, subd. 3. City of Rochester

Op. Atty. Gen. 852 (Cr. Ref. 817, 851) (April 13, 2004) GOVERNMENT DATA: PROPERTY APPRAISALS: Data Practices classification of property

appraisals done for purposes of acquisition discussed. Minn. Stat. §§ 13.44, 117.036 (Supp. 2003). Department of Transportation

Op. Atty. Gen. 125a-66 (August 12, 2003) COUNTIES: PLANNING AND ZONING: SUBDIVISION REGULATIONS: FEES: County may not prevent recording of all land conveyance documents that do not comply with county land use

controls and fee requirements. Minn. Stat. §§ 272.12, 272.121, 394.37. Cass County

Op. Atty. Gen. 63-b-14 (Cr. Ref. 61-c) (May 13, 2002) CITIES: COUNCIL: ORDINANCES: Computation of two-thirds majority when mayor may only

vote in case of a tie. Minn. Stat. §§ 462.355, subd. 3 (2000), 462.357, subd. 2 (2001 Supp.) City of Minnetonka Beach

Op. Atty. Gen. 1001K (May 8, 2002) HOSPITAL DISTRICTS: CONTRACTS: Hospital Districts created under Minn. Stat. §§ 447.31, et.

seq., are subject to the bidding requirements of Minn. Stat. § 471.345 (2000). Op. Atty. Gen. 1001K, April 18, 1962 superceded. Paynesville Area Hospital District

Op. Atty. Gen. 174 (Cr. Ref. 159-b-12, 161-b-14) (March 29, 2002) TEACHERS: COMPENSATION: SCHOOL: Districts not authorized to pay for teachers’ insurance and retirement contribution while on extended leave. Minn. Stat. §§ 122A.46, 354.094 (2000). Independent School Dist. No. 279 (Osseo)

Op. Atty. Gen. 59a-32 (Cr. Ref. 441h; 477b-34) (January 25, 2002) MUNICIPALITIES: ZONING: AMENDMENT: With certain exceptions, municipal zoning

ordinances may be adopted or amended by majority vote of governing body notwithstanding charter provision, or ordinance requiring greater majority. Minn. Stat. §§ 462.351, 462.357. City of Moorhead

Page 1 of 7Attorney General Opinions By Date

10/7/2010http://www.ag.state.mn.us/resources/opinions/DATE.HTM

Page 14: Ag opinions capitolonesettlementacorn_higgs_barden

Op. Atty. Gen. 125a (Cr. Ref. 59a-9) (October 18, 2001) COUNTY: BUILDING CODE: ADOPTION: County may adopt and enforce State Building Code by

ordinance notwithstanding previous referendum. Op. Atty. Gen. 125a. April 20, 1994, superceded. Minn. Stat. § 16B.72 (2000). Blue Earth County

Op. Atty. Gen. 125a-28 (Cr. Ref. 59a-25; 161b-7) (April 30, 2001) COUNTIES: INSURANCE: RETIRED EMPLOYEES: Health insurance coverage for retired employees may be modified in connection with a new collective bargaining agreement. Minn. Stat.

§§ 179A.03 subd. 19, 179A.20, 471.61, 471.6161. Itasca County

Op. Atty. Gen. 484e-1 (Cr. Ref. 185b-2) (October 5, 2000) CITIES: CONSOLIDATION: ELECTIONS: Voter approval of consolidation requires affirmative

vote of majority of persons voting on the question. Minn. Stat. § 414.01, subd. 6 (1998). City of St. Bonifacius / City of Minnetrista

Op. Atty. Gen. 852 (Cr. Ref. 523a-17, 523a-27) (August 4, 2000) DATA PRACTICES ACT: LABOR AND INDUSTRY: ORDERS: Orders of Commissioner of Labor

and Industry and objections thereto are public data. Minn. Stat. §§ 13.39, 176.181. Department of Labor and Industry

Op. Atty. Gen. 229A (Cr. Ref. 1005, 1007, 1016) (June 30, 2000) DEPARTMENT OF TRANSPORTATION: RESPONSIBILITIES: CONSTRUCTION: Responsibilities

of Commissioner of Transportation and Metropolitan Council in connection with construction of light

rail transit project discussed: Minn. Stat. §§ 471.59, 473.399 -473.3997. Minnesota House of Representatives Governmental Operations and Veterans Affairs Policy

Committee

Op. Atty. Gen. 62b (Cr. Ref. 477b) (May 4, 2000) CITIES: ORDINANCES: PREEMPTION: A city may completely prohibit smoking in restaurants under its general police powers. The Minnesota Clean Indoor Air Act expressly preserves the

authority of cities to ban smoking where the Act, and Health Department rules promulgated thereunder, would otherwise allow designation of smoking areas by the proprietor. City of Little Falls

Op. Atty. Gen. 471-m (November 23, 1999) STATUTORY CITY COUNCIL: VACANCY IN OFFICE: Person elected to fill remainder of unexpired mayoral term may assume office upon receipt of certificate of election. Minn. Stat.

§ 412.02, subd. 2, 2a. City of Maplewood

Op. Atty. Gen. 1035 (Cr. Ref. 170c) August 23, 1999 MINNESOTA STATE HIGH SCHOOL LEAGUE: Questions concerning the nature, governance and powers of the League discussed. Minn. Stat. §§ 10A.071, 15.0575, 118A.04, 118A.05, 128C.01,

128C.10, 128C.15, 128C.22, 471.345, 471.705, 471.895 (1998). State Auditor

Op. Atty. Gen. 624a-3 (June 28, 1999) PUBLIC UTILITIES COMMISSION: HOME RULE CHARTER CITIES: City public utilities

commission is authorized to set reasonable rates, including rates in excess of the precise amounts required to operate utilities, and the City Council may transfer moneys from the public utilities fund

to the city general fund for public purpose expenditures, subject to applicable charter provisions.

City of Breckenridge

Op. Atty. Gen. 390a-14 (June 9, 1999) SHERIFFS: MOTOR VEHICLES: County Board has authority to specify color of Sheriff’s squad

Page 2 of 7Attorney General Opinions By Date

10/7/2010http://www.ag.state.mn.us/resources/opinions/DATE.HTM

Page 15: Ag opinions capitolonesettlementacorn_higgs_barden

cars. Minn. Stat. §§ 169.98 subd. 1 (a); 375.18 subd. 2; 387.29 subd. 2.

Blue Earth County

Op. Atty. Gen. 59a-32 (Cr. Ref. 125a-66, 477b-34, 484a-1, 484e-1) (May 11, 1999) CITIES: ZONING: City ordinance zoning newly annexed land in Mississippi headwaters area is not

subject to requirement for formal review and certification by Mississippi Headwaters Board, but

must, nonetheless comply with the Boards’ comprehensive land use plan. Minn. Stat. § 103f.371 - 103f.375 (1998).

Mississippi Headwaters Board

Op. Atty. Gen. 161b-7 (Cr. Ref. 59a-25, 125a-28, 469a-7) (December 15, 1998) SCHOOL DISTRICTS: INSURANCE: RETIRED EMPLOYEES: School district is not required to make available same level of insurance coverage to retired employees 65 years of age and older as

that provided to active employees. Minn. Stat. § 471.61, subd. 2b. Independent School District No. 622 (North St. Paul-Maplewood)

Op. Atty. Gen. 379c-8(c) (November 5, 1998) ROADS: TOWN LINE: MAINTENANCE: County boards may determine division of maintenance

responsibility for town line road established prior to enactment of authorizing statute. Op. Atty. Gen. 379C-8(c), September 18, 1951 superseded. Minn. Stat. § 164.12 (1996).

Otter Tail County

Op. Atty. Gen. 624a-3 (November 2, 1998) PUBLIC UTILITIES: COMMISSION STATUTORY CITIES: City council is not authorized to delegate operation and management of telephone and cable television services to utility

commission. Op. Atty. Gen. 624a-3 , May 7, 1968, superseded. Minn. Stat. § 412.351.

City of Crosslake

Op. Atty. Gen. 159-a-3 (March 11, 1998) EDUCATION: INDEPENDENT SCHOOL DISTRICT: BOND ELECTION: REVIEW AND

COMMENT: School board which receives petition by voters to hold special election to authorize

issuance of bonds for school facility must submit project for review and comment. A community recreational facility as described by school district is subject to review and comment procedures.

Unless the review and comment is negative, school board must call the special election petitioned

by voters. Minn. Stat. §§ 121.148 (1996), 121.15 (Supp. 1997), 205A.05 (Supp. 1997). Affirmative vote in bond election does not compel board to issue bonds. Op. Atty. Gen. 159-a-3,

May 25, 1970. Independent School District No. 197 (West St. Paul-Mendota Heights-Eagan)

Op. Atty. Gen. 107b-19 (December 18, 1997) COUNTY FUNDS: USES: TAX FORFEITED LAND SALE: County may purchase motor vehicles

with tax forfeited land sales funds. Vehicles must be used exclusively for maintenance and

improvement of tax forfeited lands. Becker County

Op. Atty. Gen. 2681 (October 14, 1997) JUVENILES, CRIMES, PHOTOS: Minn. Stat § 260.161, subd. 3(a) only prohibits peace officers

from taking photos of children in custody and does not prohibit news media. SHERIFFS, POLICE, JURISDICTION: County sheriffs have jurisdiction to investigate crimes

anywhere in their county, even in cities with established police forces. Clay County

Op. Atty. Gen. 82t (August 27, 1997) FAIR CAMPAIGN PRACTICES ACT: DISCLAIMER: VIOLATIONS: The prohibition against

anonymous campaign material in Minn. Stat. §§ 211B.04(a) and (b) (1996) is clearly unconstitutional under controlling U.S. Supreme Court precedent.

Le Sueur County

Page 3 of 7Attorney General Opinions By Date

10/7/2010http://www.ag.state.mn.us/resources/opinions/DATE.HTM

Page 16: Ag opinions capitolonesettlementacorn_higgs_barden

Op. Atty. Gen. 90e (August 25, 1997) CONTRACTS: OFFICERS INTEREST: CITY: Officer and employee of nonprofit corporation that

provides public access cable television services in connection with city franchise and contract is not disqualified from serving as mayor or council member, but must abstain from participating in city

actions involving franchise. Op. Atty. Gen. 90a-1, July 12, 1973 superceded. Minn. Stat. §§ 238.15

and 471.87 (1996). City of Northfield

Op. Atty. Gen. 161b-12 (August 4, 1997) SCHOOL BOARD POWERS: SUPERINDENT: SALARY AND BENEFITS: School district powers

regarding salary and benefits for superintendent discussed. Authority of Commissioner of Children, Families and Learning discussed. Minn. Stat. §§ 43A.17, 123.33-123.35, 356.24, 356.25, 471.38,

471.665. Department of Children, Families and Learning

Op. Atty. Gen. 358e-3 (July 29, 1997) INCOMPATIBLE OFFICE: CITY ATTORNEY: Office of Assistant County Attorney is not

incompatible per se with office of city attorney. Minn. Stat. § 481.17 (1996) City of Plainview

Op. Atty. Gen. 602-J (July 10, 1997) DRAINAGE: REPAIRS: LIMITATION UPON COST: The limitation contained in Minn. Stat. §

103E.715, subd. 4(a) (1996) on cost of repairs made pursuant to a repair petition does not apply to routine maintenance and repairs made by a drainage authority pursuant to Minn. Stat. §

103E.705 (1996).

Wild Rice Watershed District

Op. Atty. Gen. 390a-21 (November 5, 1996) SHERIFFS: SERVICE OF PROCESS: Sheriff is not authorized to serve documents pertaining to

proceedings in purported "courts" not established by law. Minn. Const. art. VI § 387.03 (1994).

Todd County

Op. Atty. Gen. 63a-5 (August 28, 1996) OPEN MEETING LAW: CITY COUNCIL: COMMITTEES: Mere attendance by additional council

member(s) at meeting of a council committee, held in compliance with Open Meeting Law, would

not constitute special council meeting requiring separate notice, but such member(s) should not participate in committee discussions or deliberations, absent separate notice.

City Council of Ely

Op. Atty. Gen. 442a-1 (July 25, 1996) TOWN FUNDS: OFFICERS: Town is not required or authorized to reimburse officer for costs of criminal defense. Minn. Stat. §§ 465.76, 466.07, 471.44 (1994).

New Scandia Township

Op. Atty. Gen. 59a-30 (July 24, 1996) CITY OFFICERS: REMOVAL: City charter may not provide for removal of council member by council. Grounds for removal of elected local official must amount to malfeasance or nonfeasance in

office. Minn. Const. art. VIII, § 5; art. XII, §§ 3, 4. Minn. Stat. §§ 351.02, 351.14, 410.07, 410.20.

City of Richfield

Op. Atty. Gen. 238i (February 23, 1996) MANUFACTURED HOME PARKS: FIRE CODE: Fire code road width requirements may be applied

to existing park where hazard to life or property exists.

City of Moorhead

Op. Atty. Gen. 852 (December 4, 1995) DATA PRACTICES: COPYRIGHT: STATE AGENCY DATA: State agency data constituting original

Page 4 of 7Attorney General Opinions By Date

10/7/2010http://www.ag.state.mn.us/resources/opinions/DATE.HTM

Page 17: Ag opinions capitolonesettlementacorn_higgs_barden

works of authorship are protected by federal copyright law. Certain restrictions may be placed upon

use of public data. Tit. 17 U.S.C. Minn. Stat. §§ 13.03, 13.37, 15.95, 16B.483, 16B.5l, 16B.53

Department of Natural Resources

Op. Atty. Gen. 64f (Cr. Ref.63b-5) (October 27, 1995) ELECTIONS: CITIES: Uniform election day statute applies to charter cities transitional provisions

discussed. Minn. Stat. §§ 205.02, 205.07, 410.015, 410.21

City of Crystal

Op. Atty. Gen. 59a-32 (Cr. Ref. 59a-9, 125a-66) (August 18, 1995) CITIES: ZONING: City may extend subdivision regulations and building code enforcement but not

zoning controls, two miles beyond city limits where county zoning regulations are in effect. Minn. Stat. §§ 16B.62, 16B.72, 462.357, 462.358 (1994). Mille Lacs County, City of Milaca

Op. Atty. Gen. 106-e (April 10, 1995) COUNTY SEAT: REMOVAL: Petition not invalid due to claims that signatures not personally observed by affiants: Effect of conditional offer of site and funds for construction.

Roseau County

Op. Atty. Gen. 106-e (January 24, 1995) COUNTY SEAT: REMOVAL: Otherwise qualified voters need not have actually voted at previous election or be registered to sign petition for changing county seat. Minn. Stat. §§ 372.01, 372.03

(1994). Roseau County

Op. Atty. Gen. 104a-9 (December 28, 1994) COUNTIES: OFFICERS: COMPENSATION: County may not provide car allowance subsidizing

personal use of automobile in addition to maximum authorized salary; authorized vacation leave is not considered severance pay. Minn. Stat. §§ 43A.17, subd. 9, 465.722; 471.665.

Hennepin County

Op. Atty. Gen. 390a-6 (October 31, 1994) SHERIFF: COMPENSATION: FEES: County sheriff may not perform privately contracted policing services within the county for personal compensation. Sheriff's family members may be involved in

private service of process business. Minn. Stat. §§ 387.03, 387.20, 436.05.

Pope County

Op. Atty. Gen. 632e-1 (August 18, 1994) MOTOR VEHICLE: TAX: BASIS FOR COMPUTING: Motor Vehicle registration tax must be based

upon base price as listed on window sticker. Minn. Stat. § 168.013.

Department of Public Safety

Op. Atty. Gen. 627e (August 1, 1994) ELECTIONS: CAMPAIGN CONTRIBUTIONS: Candidates for local office are not precluded by Minn. Stat. § 211A.13 (Supp. 1993) from transferring funds to other candidates for local office.

Hennepin County

Op. Atty. Gen. 90 (June 9, 1994) CONTRACTS: OFFICERS' INTEREST IN: HOUSING AND REDEVELOPMENT AUTHORITIES: Housing and Redevelopment Authority Commissioner is not prohibited from performing work on

projects approved by authority if notice and nonparticipation requirements of Minn. Stat. § 469.009 (1992) are met. Minn. Stat. §§ 469.009, 471.87 (1992)

City of Farmington

Op. Atty. Gen. 124a (April 28, 1994) COUNTY COMMISSIONERS: COMPENSATION PER DIEM ALLOWANCE: Authority to provide per diem allowance does not permit a per meeting payment. Per diem payment permitted for

Page 5 of 7Attorney General Opinions By Date

10/7/2010http://www.ag.state.mn.us/resources/opinions/DATE.HTM

Page 18: Ag opinions capitolonesettlementacorn_higgs_barden

meetings of county board. Members may not be paid multiple per diem for meetings held on the

same day, absent independent statutory authority Minn. Stat. §§ 375.055, 375.065. State Auditor

Op. Atty. Gen. 125a (April 20, 1994) COUNTY: BUILDING CODE: ADOPTION: County, wherein building code was rejected by

referendum, may not adopt code by ordinance. Matter of code application may be resubmitted to referendum. Minn. Stat. § 16B.72 (1992).

Douglas County

Op. Atty. Gen. 1007 (March 11, 1994) JOINT POWERS ACT: CHARTER SCHOOLS: Charter schools formed as contemplated by Minn. Stat. § 120.064 (1992 and Supp. 1993) are not "governmental units" as the term is defined in the

Joint Powers Act, Minn. Stat. § 471.59, subd. 1 (1992); consequently, such charter schools may not be a party to a joint powers agreement.

Independent School District No. 834 (Stillwater)

Op. Atty. Gen. 213-C (March 9, 1994) GOVERNOR: LEGISLATION: CONSTITUTIONAL AMENDMENTS: Amendments proposed by legislative action are not subject to gubernatorial approval or veto. Minn. Const. art. IV, §§ 23, 24;

art. IX, §1.

Governor

Op. Atty. Gen. 469b (September 14, 1993) CITIES: OFFICERS: SALARIES: Compensation of employee for unused vacation upon termination

is not considered salary for purposes of Minn. Stat. § 43A.17.

City of Plymouth

Op. Atty. Gen. 707a (July 27, 1993) MUNICIPAL CONTRACTS: ADVERTISING FOR CONSTRUCTION BIDS: City may include

project labor agreement specifications if motivated by economic reasons as purchaser, and not in

regulatory capacity. City of International Falls

Op. Atty. Gen. 414A-5 (May 4, 1993) TAXATION: INDIAN LANDS: The exemption from ad valorem taxation for Indian lands in Minn.

Stat. § 272.01, subd. 1 applies only to lands held in trust by the United States for the benefit of an Indian Tribe, its members, or an individual Indian, and lands owned by an Indian Tribe or an

individual Indian subject to federal statutory restraints on alienation. The exemption does not apply

to lands owned in fee simple title by Indian Tribes or individual Indians. Mahnomen County

Op. Atty. Gen. 494a-1 (April 15, 1993) CRIMINAL LAW: UNIFORM TRAFFIC TICKET: Issuance for violation not committed or

attempted in presence of officer. Superceding Op. Atty. Gen. 494a-1, March 14, 1967. Minn. Stat. §§ 169.91, 169.92, 169.99, 629.34.

City of Minnetonka

Op. Atty. Gen. 387-B-10 (March 8, 1993) STORM SEWERS: CHARGES: City may impose reasonable charges for storm sewer services based upon classification of premises 'in reference to storm water produced. Minn. Stat. § 444.075

(1992).

City of Delano

Op. Atty. Gen. 484a-1 (March 1, 1993) CITIES: ANNEXATION: Time conditions in orderly annexation agreements do not bind

determinations of Municipal Board or preclude annexation by ordinance pursuant to Minn. Stat. §

414.033, subd. 2a (1992). Minn. Stat. §§ 414.0325, 414.033.

Page 6 of 7Attorney General Opinions By Date

10/7/2010http://www.ag.state.mn.us/resources/opinions/DATE.HTM

Page 19: Ag opinions capitolonesettlementacorn_higgs_barden

Minnesota Municipal Board

Op. Atty. Gen. 330-c-3 (January 4, 1993) BOARDS: HENNEPIN COUNTY: TERMS OF MEMBERS: Terms of members appointed by county board expire on January. They may continue in de facto capacity until successors are selected.

Minn. Stat. §§ 383B.68, 383B.69 (1990).

Suburban Hennepin Regional Park District

Minnesota Attorney General Opinions Home Page

Please direct consumer questions to:

Minnesota Attorney General's Office Consumer Protection 1400 NCL Tower 445 Minnesota Street St. Paul, MN 55101 (651) 296-3353 1-800-657-3787 TTY: (651) 297-7206 TTY: 1-800-366-4812

How to obtain copies of A.G. Opinions:

The Attorney General is authorized by statute to issue written legal opinions only to constitutional executive

officers, state agencies, bodies of the state legislature, and attorneys for local governments or pension funds.

Write: A.G. Opinions

445 Minnesota St., Suite 1050

St. Paul, MN 55101-2109

Call: (651) 757-1055

E-mail: [email protected]

Last update: June 21, 2007

Page 7 of 7Attorney General Opinions By Date

10/7/2010http://www.ag.state.mn.us/resources/opinions/DATE.HTM

Page 20: Ag opinions capitolonesettlementacorn_higgs_barden

Subj: Re: Peterson Family Tree_AG Candidate Barden MoraMN Interview Date: 10/7/2010 9:45:40 A.M. Central Daylight TimeFrom: [email protected]: [email protected]

Page 1 of 2

Thursday, October 07, 2010 AOL: Sharon4Anderson

Greetings Sharon. Thank you for posting my Mora interview! Here is a copy of the Capitol One settlement that included $249,999 to ACORN (look who signed it) and a story about it. Thank you Sharon and best wishes to you. Chris B. On Oct 7, 2010, at 8:18 AM, [email protected] wrote:

Click here: Peterson Family Tree Thurs 7Oct10 www.petersonfamilytree.blogspot.com Special Note to Chris Barden Thanks for going to Sharon's Birthplace_Peterson Heritage Mora MN re: Kanabec Times. Interview exposing major violations of the Public Trust_Fidicuary Breech_ potential AntiTrust_RICO violations by DFL Attorney General Lori Swanson.

Preview e

Chris Barden for Attorney General Video from Mora, MN where I discussed my top priorities of protecting Minnesota and implementing Photo ID: h t t p : / / w w w . m o r a m i n n . c o m / d e t ai l / 6 3 29 7

http://www.moraminn.com/ Chris Barden, Republican candidate for Minnesota Attorney General, made a Thursday morning stop in Mora to discuss his race. THEREFORE: will you put the Acorn Doc on your website in pdf format and or send to the above for preview. Sharon transposed to www.petersonfamilytree.blogspot.com on the Graves of her Parents Bill and Bernice A. Peterson Tenants in Common of Sharon's Homestead at 1058 Summit Ave. St.Paul,MN. A. Illegally "taken" by Lesbian Judge Kathleen Gearin 1988 File No.495722 (1988) without Quiet Title Prohibited Purchaser Attorney General James Donnelly who died shortly thereafter, Donnelly also was a Pharmist at Bober Drug Store along with Ron Johnson . on the Anderson's Disabilitys and the Issue the Property Taxes were paid. at www.sharonswater.blogspot.com Appeal C6-88-859 Doris Huspeni who's clerk was Chris Coleman now St.Paul Mayor heavy DFL Coverup in Realestate Titles.......For over 20 or 30 years.

Page 21: Ag opinions capitolonesettlementacorn_higgs_barden

LEGAL NOTICE: /s/[email protected] ECF_P165913Pacersa1299 telfx: 651-776-5835: Attorney ProSe_InFact,Private Attorney General QuiTam Whistleblower, Candidate AG2010 www.sharonagmn2010.blogspot.com Blogger: www.facebook.com/sharon4anderson www.twitter.com/sharon4anderson Homestead Act of 1862 neopopulism.org - Pro Se Dec Action Litigation Pack Sharon4Anderson | Scribd Document's are based on SEC filings, Blogger: Dashboard Home | www.slideshare.com/sharonanderson www.taxthemax.blogspot.com www.sharon4anderson.org FAIR USE NOTICEThis site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are makinknowledge gained as financial journalists , securities they recommend to readers, affiliated entities, employees, and agents an initial trade recommendation published on the Internet, after a direct mail publication is sent, before acting on that recommendations, and may contain errors. Investment decisions should not be based solely on these or other Public Office documents expressly forbids its writers from having financial interests in g such material available in our efforts to advance understanding of whistleblower protection issues, MY FindLaw SharonsWritProA06_1150_30Jun06_26 The CAN-SPAM Act: Requirements for Commercial Emailers Sharons-Psychic-Whispers: Sharons Gypsy Curse-Court-Cop Corruption 3Apr0http://www.givemeliberty.org/RTPlawsuit/courtfilings/Docket.htm Sharon4Council: DLJ Managment v. City St. Paul A06-2118,Money LaunderinNo direct un-apportioned tax confirmed by the US Supreme Court rulings in CHAS. C. STEWARD MACH. CO. v. DAVIS, 301 U.S. 548, 581-582(1937) g andFCC Complaints - http://sharons-copywrite.blogspot.com

=

Page 2 of 2

Thursday, October 07, 2010 AOL: Sharon4Anderson