Tuesday, February 17, 2009

County Attorney Cautions Board About "Banning" Recording Devices at Public Meetings

County Attorney Melanie Ford responded to Commissioner Keith Nelson’s request that she research whether the Board could ban electronic recording devices at their board workshops.. She indicated that the law is not “settled” on this issue in the State of Minnesota, although has been addressed on the Federal level. The Board may enact policies banning recording devices but should be very careful to not violate the American with Disabilities Act. Additionally, she indicated that it is very likely that a lawsuit would be filed if a policy banning recording were to be enacted. The Board would need to have a “compelling reason” to pursue such a policy and at the present time Attorney Ford does not see any such reason.

Attorney Ford has received a Data Practices Act request from the Duluth News Tribune for her written opinion. Commissioner Fink asked that she not provide this until the Commissioners have had an opportunity to read her opinion.

Commissioner Nelson then stated that it does not matter if the paper gets it now, seeing as that is the way the county attorney has “always done business”, via the press. The meeting was quickly adjourned before more discussion could occur in that vein.

1 comment:

Anonymous said...

Why does Nelson behave so rudely towards another elected official?

His behavior seems harassing and crude, like a playground bully that has physically grown but remains immature, tantrum prone and peevish in his behavior.

Nelson seems to side with Fink's causes and work at his side like a loyal Rottweiler. One wonders at their intent.

Does Nelson not realize that he is deeply offensive to we who cast our votes for county attorney simply preferring one candidate over another - not discounting the contribution and good service of the gentleman who served so long and well in that office, but looking for someone to bring different ideas and energy to the post??

The county attorney is supposed to advise the county as to the law and defend them from suits amongst a host of other duties. The county attorney is not the commissioner's daddy or mommy, lap dog, handmaiden or assistant.

Freedom of Information is a nationwide concern, the intrusions into personal privacy coupled with the lack of transparency in government over recent years have created real concerns across the country. It is important that our county behave within the law and be able to respect the boundaries of their authority. They need to do their jobs.

http://www.mncogi.org/finnegan_award.html
http://www.mcaa-mn.org/duties.aspx
http://www.mcaa-mn.org/links.aspx


Thank goodness for the constitution.

https://www.cia.gov/library/publications/the-world-factbook/geos/us.html#Govt