An explanation that does not ring true*

We learned about 4:30 PM on Friday, October 5th, that the Office of Administrative Hearings had issued its Findings of Fact, Conclusions, and Order [complete document in pdf form] in the matter of our complaint against Ms. Cave and the Maplewood Firefighters Association, Inc.

From the Conclusions:

4. The Complainants have demonstrated by a preponderance of the evidence that Respondent Rebecca Cave violated Minn. Stat. § 211B.02 by knowingly making a false claim implying that she was endorsed by the Maplewood Fire Department.
5. The Complainants have demonstrated that Respondent MFA violated Minn. Stat. § 211B.02 by knowingly making a false claim implying that Rebecca Cave has the endorsement of the Maplewood Fire Department.
6. Respondent Rebecca Cave shall be fined $1,000 for the violation.
7. Respondent MFA shall be fined $1,000 for the violation.
[emphasis added]

Here is Chairperson Bob Schmidt's reaction to the ruling:

- What they did was wrong. The courts ruled it was wrong.
- The Maplewood Voters Coalition is striving for an open, honest, process oriented government. Was that HONEST? You decide.
- We fully support individuals on the Police and Fire Departments. We do not in any way find them responsible for the actions of what we believe to be a few.
- As for the name "Maplewood Fire" - this should be reserved for the Maplewood Fire Department - Not Mr. Hjelle.

Board member Christeen Stone added "I guess the injustice of it all was what bothered me most."

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* From the memorandum:

Given that her only explanation for why she claimed to be endorsed by “Maplewood Fire” was space limitation, an explanation that does not ring true, and absent any other testimony from her, the panel concludes that the preponderance of the evidence establishes that Ms. Cave knowingly implied she was endorsed by the Maplewood Fire Department in violation of Minn. Stat. § 211B.02.

Honesty!

Today we kick off our general election campaign theme - honesty!

Board member Christeen Stone sent a letter to the Lillie Newspapers (no link yet) to introduce the theme, and our signs. Here is an excerpt:

MVC has chosen as our motto "Honesty" in government. We endorsed four candidates who we felt would uphold those principles and are now happy to give our support to the two top winners of the primary. We have decided that along with the signs of our candidates we will add a sign "Honesty!" which will identify who we are and what our principles are.
I hope you see a lot of "HONESTY" signs around our city because that is our goal - to have honesty, professionalism, real process, and public service the driving force behind our City Council: a real democracy! VOTE!

Christeen M. Stone
MVC Board
Maplewood

Thanks Christeen!

If you would like an Honesty! sign in your yard, send your request to honesty@mvc07.com .

Evidentiary Hearing Update

The evidentiary hearing of our complaint against Rebecca Cave and the Maplewood Firefighters Association, Inc. for claiming endorsement by 'Maplewood Fire' lasted from 9:30 AM to 12:30 PM on Monday October 1st, at the Office of Administrative Hearings (OAH) new location in St. Paul.

Since this is an expedited hearing, the OAH judicial panel hearing the complaint will issue its decision within three days of closing the record on the hearing. So, we should have a decision by Thursday afternoon.

While we wait, we want to point out a key victory we have already won. In the design of Minnesota Statutes Chapter 211 (Campaign practices) the Legislature delegated the duty to police campaign practices to citizens. The Maplewood Voters Coalition has demonstrated that when citizens are confident that the law has been violated, they can stand up and have their complaint heard. The Office of Administrative Hearings has made the process of ordinary people pursuing a complaint as unintimidating as possible for a legal proceeding.

We can stand up. We can insist on the rule of law.

Bob Schmidt and Stephan Flister

MFA/Cave complaint evidentiary hearing scheduled

As the next step after the probable cause order, which states:

Based upon the record and all of the proceedings in this matter, including the Memorandum incorporated herein, the Administrative Law Judge finds that there is probable cause to believe that the Respondents violated Minnesota Statute § 211B.02 by claiming that Ms. Cave’s candidacy for Maplewood City Council is endorsed by “Maplewood Fire.”

the Office of Administrative Hearings (OAH) has scheduled the evidentiary hearing for our complaint for October 1st at 9:30 AM.

In the probable cause order and the hearing order, the OAH raises three issues of public interest which the MVC board has now discussed and will comment on in connection with publishing the OAH documents.

1) The complaint can be withdrawn up to the time of the hearing. Will the MVC do so in light of the sign changes offered by Mr. Hjelle?

The MVC board voted unanimously to continue the complaint process. Gestures after the primary are not relevant to and cannot undo the effects of actions taken before the primary.

2) The probable cause order discusses a semantic difference between 'Maplewood Police' and 'Maplewood Fire':

Unlike the phrase, “Maplewood Police,” which could suggest endorsement by individual police officers, the phrase “Maplewood Fire” can only refer to an organization. Given that the Maplewood Fire Department employs that phrase on its fire trucks and other gear, the facts are sufficient to support finding probable cause that, by using the phrase “Maplewood Fire,” the Respondents knowingly implied falsely that Ms. Cave was endorsed by the Maplewood Fire Department.

Given this caveat from Judge Heydinger, will the MVC pursue a similar complaint based on the use of 'Maplewood Police'?

The MVC board voted unanimously to continue defining a complaint based on the use of 'Maplewood Police'.


3) Judge Heydinger raises the issue of whether MVC is a 'legal entity'. We are to provide evidence at the evidentiary hearing or the complaint will be revised to be in the name of Robert Schmidt only, and other individuals whose names can be added.

The board will withdraw the MVC from the complaint and add Stephan Flister as a named Complainant. Here is our reasoning.

The Maplewood Voters Coalition (MVC) is a voluntary association registered (#40983) with the MN State Campaign Finance Board as a Political Committee. This is a practical and appropriate form of organization for our main activities of supporting our endorsed candidates and expressing our point of view in elections that affect Maplewood's residents and lands.

The question of whether MVC is a legal entity has arisen in our formal complaint against candidate Rebecca Cave and the Maplewood Firefighters Association, Inc. Making formal complaints is an activity we did not envision when we chose our form of organization. When asking the question, Judge Heydinger defined legal entity to mean 'standing to sue and be sued'. Individual people and forms of business ownership which create new legal entities, like partnerships and corporations, have such standing. If a voluntary association cannot sue and be sued, then MVC cannot be one of the named complainants in this action. However, as many of our board and members as wish to be present at hearings can be named on the existing and future complaints.

The intent of the MVC Board in naming the MVC on the complaint was not to assert standing, but to inform the Office of Administrative Hearings (OAH) and the public that MVC Chair Bob Schmidt is not acting alone. Rather, he is speaking for the MVC Board and for those citizens that view MVC as one representative of their views in the community.

Accordingly, the board will ask OAH to remove MVC as a complainant, and to add Stephan Flister, Assistant to the MVC Board, to the complaint.

Bob and Stephan will also ask the OAH and Maplewood citizens to be aware that, although they are named as individuals, any decisions they make in connection with this complaint are made in consultation with the MVC Board and intended to speak for like-minded individuals in our community.

Any details of public interest arising before the hearing will be posted on this site.

A statement from Board member Judith Johannessen

The results of recent local elections in Maplewood have proven the disastrous effects of voter apathy. Only 24% of eligible voters cast ballots, and among them were people who chose according to position on the ballot, gender, religious affiliation, and vague promises. The result was the election of three people whose campaign rhetoric concealed a calculated personal agenda for revenge and power.

There are two kinds of voter apathy. The more obvious is the failure to vote; the more insidious is the unwillingness to critically evaluate the messages of all the candidates. Voting is more than just a moment when a citizen puts a mark next to a name. It involves taking the time to listen with an open mind, to ask questions, to use opportunities to better compare and evaluate campaign messages.

Our right to vote carries with it a responsibility. We need to elect officials who, as a team, develop policies for the good of the community as a whole. We may not always agree with everything that is said and done, but we can assess and weigh our own individual concerns with the needs and priorities of the entire community.

It is the duty of each of us to be a responsible voter. Given our hectic lives, it is not possible to carefully study every aspect of a political campaign. This year, however, there will be many opportunities to attend candidate forums, to access factual information, to read newspaper reports, to ask questions.

Each of us shares in the benefits of being a citizen of Maplewood. Unfortunately, as a result of the 2005 elections, we are suffering consequences which will affect our city for many years. This year, more than ever, it is our responsibility to carefully evaluate who, in our opinion, will best serve the interests of our city. Then, with a good conscience, we can cast our ballot for the candidates whom we honestly believe to be the most qualified to lead and to serve the citizens of Maplewood.

A statement from Board member Christeen Stone

The right to VOTE is a privilege- if only we could help people to realize that truth. WE have a good example of the results of VOTER APATHY in our 2005 election when 5,457 people of a possible 22,661 registered turned out to vote.

Look what we got , a mayor and two new council members who haven't a clue how democracy works. So, they created a dynasty where they ignore the other two council members and fire everyone who doesn't agree with them. They hire a totally unqualified wannabe legislator unqualified for the job, without a background check, then make him permanent at 2 AM, after only one citizen was still there. This would make a good Soap Opera, but it is real life in Maplewood now.

I always vote. But for the first time in my sixty plus years of being a proud citizen of Maplewood I have decided I must do more. I have been reluctant to have signs in my yard on the city level because it is not supposed to be partisan, but this year I will have two well qualified candidates' signs in my yard. I will work hard to urge people to study the candidates and the issues before they vote, because the welfare of our city depends on having a real democracy.

I am very proud to be a member of the Maplewood Voters Coalition, and I would urge you to join us in bringing democracy back to Maplewood.

Christeen M Stone