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

Signs of discontent

About an hour after Tuesday's probable cause hearing, held by telephone conference, Mr. Hjelle sent this email to the participants:

Judge Heydinger,

After the telephone conference, I spoke with 2 board members and they concurred that while the MFA does not in anyway accept the argument about voter confusion regarding the lawn signs, the MFA has decided to take them down. They should all be down by Saturday.

Perception is everything and acting within the law should not be the "benchmark". Acting within a ethical boundary is much more important. As firefighters, we solve problems for the people of Maplewood, not create them.


Thank you.

Erik Hjelle

Have a safe day!

Several of you have sent notes or called that some 'Maplewood Police and Fire endorse Rebecca Cave' signs are gone, and as of noon today (Sunday 9/16) some were still up. Being a voluntary effort on the part of the Maplewood Firefighters Association, Inc. (MFA), who paid for the signs, it is up to the MFA if and when the signs come down. The Office of Administrative Hearings (AOH) has made no such order, and their removal has no bearing on our formal complaint.

Where the sign has come down, a new one has gone up in its place, this one paid for by 'Citizens for Rebecca Cave'. The new text is

Fire * Police**
endorse
Rebecca Cave
Maplewood City Council

The single asterisk is footnoted in tiny print at the bottom of the sign as 'Maplewood Firefighters Association, Inc. is a nonprofit organization and is not affiliated with the City of Maplewood'. The double asterisk reads 'Maplewood Police Officers Union (LELS #153)'.

While this edges back towards text more commonly seen on lawn signs, and the footnotes are both helpful and accurate, something still seems troublesome. It becomes clear when you consider what one version of an ethical, to use Mr. Hjelle's word, sign might look like. Here is a crudely photoshopped version to make the point:

[sign altered for illustration]

The top text reads 'LELS # 153* and MFA, Inc.**' leaving in references to the same helpful footnotes.

This made up version respects voters and the endorsing organizations by simply using their good names. Wouldn't that remove every ambiguity?

The question is, why don't the new signs say this?

Stephan, member of MVC

A statement from member Stephan Flister

Why it matters

There is an arrogant way of relating to people that appeals to fear and selfishness to create divisions and impose values. When people who think this way seek power, they concentrate on getting the support of a crucial few while ignoring the views and intentions of the many. Personal loyalty is prized over skill. Taking orders trumps respect for process and the rule of law. When such people get power and pay off their loyalists, the result is Abu Ghraib, Terri Schiavo, Halliburton, Alberto Gonzales, a broken health care system, the US as an international pariah, and no money for mass transit. When such people get power the result is Greg Copeland, the sacrifice of professionals like John Banick, the Gladstone mess, Maplewood government as the metro laughingstock, and no money for parks.

Millions of people are spending millions of dollars and millions of hours to remove such people from national and state power. You are probably one of those millions giving your time and money.

We have the same work to do here.
Maplewood needs hundreds. Your neighbors need you.