from: Lion News
"Lewis, Janet" firstname.lastname@example.org
date: Tue, Oct 6, 2015 at 12:53 PM
subject: Harassment similar to Case No. 27-CV-15-10552 Tony Webster vs The City of Bloomington
Gene Winstead, Mayor 952-888-1258:
I want to file a complaint in regard to a public data request (see attached) that I filed on Jun 22, 2015 at 9:21 PM. All the data I requested is in electronic format. So the data request should have taken less than a minute to process. How long does it take to attach a few pdf data files to an email, huh? Four (4) months? Instead, I have been harassed and had my free electronic public data illegally withheld from me. Not to mention that all sorts of public resources have been wasted monitoring my website, Lion News. I've attached the data from my tracking software. Much of my ordeal mirrors that of Tony Webster, doesn't it?
I have a reasonable suspicion that Jamie Verbrugge, City Manager & Sandra Johnson, City Attorney are willfully trying to incite me to violence with their harassment script. Verbrugge and Johnson are making the wild and outrageous claims that I have to pay to get a data practice manual for the city of Bloomington, aren't they? Of course, Verbrugge and Johnson know that your data practice manual must either be distributed free or be posted on the City of Bloomington's website, don't they? Plus, Verbrugge and Johnson are making illegal demands that identify myself, aren't they? And Verbrugge and Johnson are illegally withholding my data until I identify myself, aren't they? Finally, Verbrugge and Johnson are willfully refusing to produce a City of Bloomington Cost Calculator and the salaries for City of Bloomington salaries to justify their harassing bill, aren't they? Of course, you and I both know that there is no law that requires the City of Bloomington to charge anyone anything for free electronic public data, don't we? We both know that there are laws against misuse of public resources (609.52) and against the illegal withholding of public data (Chapter 13.09/ 609.43, don't we? I want Jamie Verbrugge, City Manager & Sandra Johnson, City Attorney to stop trying to incite me to violence and email me my free electronic public data immediately!
Terry Dean, Nemmers
Case No. 27-CV-15-10552 Tony Webster vs The City of Bloomington
10/01/2015 Amended Motion Doc ID# 20
10/02/2015 Other Document Doc ID# 21
10/02/2015 Affidavit-Other Doc ID# 22
10/05/2015 Correspondence Doc ID# 23
10/28/2015 Motion Hearing (9:00 AM) (Judicial Officer Miller, Laurie J.)
10/07/2015 Continued to 10/28/2015 - By agreement - Webster, Tony
06/20/2016 Jury Trial (9:00 AM) (Judicial Officer Miller, Laurie J.)
PROFESSIONAL CONDUCT OF PEACE OFFICERS MODEL POLICY MN STAT 626.8457 E. PRINCIPLE FIVE Peace officers shall treat all members of the public courteously and with respect. b) No peace officer shall ridicule, mock, deride, taunt, belittle, willfully embarrass, humiliate, or shame any person to do anything reasonably calculated to incite a person to violence. Page 4 of 5.
Logical fallacy Definition: An error in reasoning that renders an argument invalid. Clinical psychologist Rian McMullin expands this definition: "Logical fallacies are unsubstantiated assertions that are often delivered with a conviction that makes them sound as though they are proven facts" (The New Handbook of Cognitive Therapy Techniques, 2000). By Richard Nordquist Grammar & Composition Expert http://grammar.about.com/od/rhetoricstyle/a/Top-12-Logical-Fallacies.htm
6. False Dilemma A fallacy of oversimplification: an argument in which only two alternatives are provided when in fact additional options are available. Sometimes called the either-or fallacy. 12 Common Logical Fallacies Brief Definitions of Informal Fallacies With Links to Examples and Discussions By Richard Nordquist Grammar & Composition Expert http://grammar.about.com/od/rhetoricstyle/a/Top-12-Logical-Fallacies.htm
Aggressiveness: The Tantrum Trap … aggressive people are insistent on standing up for their own rights while ignoring and violating the rights of others. Contacts: Communicating Interpersonally, by Teri Kwal Gamble & Michael Gamble, page 351.
Surely in vain the net is spread in the sight of any bird. Proverbs 1:17 King James Version (KJV)
With the rise of the democracies and the dethronement and disempowering of previously powerful groups such as the military, the nobility, and the like, there has been a gradual shift from the conscious and explicit use of direct methods of interpersonal and social control to one that are more indirect, subtle, and covert. Gaslighting, The Double Whammy, Interrogation and Other Covert Control in Psychotherapy & Analysis, Theo L. Dorpat (Maryland: 2004), Page xviii.
In her discussion of the different modes of overt and covert verbal abuse, Evans (1992) lists the following types of covert verbals abuse: “withholding,” “countering,” “discounting,” “verbal abuse disguised as jokes,” “blocking and diverting,” “trivializing,” and “undermining.” Gaslighting, The Double Whammy, Interrogation and Other Covert Control in Psychotherapy & Analysis, Theo L. Dorpat (Maryland: 2004), Page 13.
Reasons to Avoid Logical Fallacies in Your Writing "There are three good reasons to avoid logical fallacies in your writing. First, logical fallacies are wrong and, simply put, dishonest if you use them knowingly. Second, they take away from the strength of your argument. Finally, the use of logical fallacies can make your readers feel that you do not consider them to be very intelligent." (William R. Smalzer, Write to Be Read: Reading, Reflection, and Writing, 2nd ed. Cambridge University Press, 2005). logical fallacy Glossary By Richard Nordquist Grammar & Composition Expert. http://grammar.about.com/od/il/g/logicfalterm.htm
Minnesota Statutes, section 13.025, subdivision 4, also requires that government entities make their policies easily available to the public by distributing free copies, or by posting a copy on the government entity’s website. Worksheet for Developing Data Practices Policies MN Department of Administration, Information Policy Analysis Division · www.ipad.state.mn.us · November 2014 Page 8 http://www.ipad.state.mn.us/docs/accesspol.html http://www.ipad.state.mn.us/docs/policyworksheet.doc https://www.revisor.mn.gov/statutes/?id=13.025&format=pdf https://www.revisor.mn.gov/statutes/?id=13.025
Part 2: Setting Parameters for Data Requests (Policies for Members of the Public and Data Subjects Minnesota Statutes, Chapter 13, does not require that individuals make data requests in writing; however, IPAD recommends that government entities make this their policy. If you decide to require written requests, you should include it in your Data Practices Policy (see Advisory Opinion 01-014). If you decide not to require written requests, you should still have some system of documenting data requests made verbally. Worksheet for Developing Data Practices Policies. MN Department of Administration, Information Policy Analysis Division · www.ipad.state.mn.us · November 2014 Page 6 http://www.ipad.state.mn.us/docs/accesspolworksheet.pdf
http://www.ipad.state.mn.us/opinions/2001/01014.html Opinion: Based on the facts and information provided, my opinion on the issue that X raised is as follows: Pursuant to Minnesota Statutes, section 13.05, subdivision 12, when an individual requests access to public data, it is not appropriate for the Minnesota Department of Labor and Industry (DLI) to ask a data requestor to identify him/herself and to justify the request. Signed: David F. Fisher Commissioner Dated: January 16, 2001 Minnesota Department of Administration Advisory Opinion 01-014
Minnesota Statutes, section 13.025, subdivision 4, also requires that government entities make their policies easily available to the public by distributing free copies, or by posting a copy on the government entity’s website. MN Department of Administration, Information Policy Analysis Division · www.ipad.state.mn.us · November 2014 Page 6 http://www.ipad.state.mn.us/docs/accesspolworksheet.pdf
How to Make a Data Request ... If you choose not to use the data request form, your request should include: that you, as a member of the public, are making a request for data under the Government Data Practices Act, Minnesota Statutes, Chapter 13; whether you would like to look at the data, get copies of the data, or both; and a clear description of the data you would like to inspect or have copied. ... This government entity cannot require you, as a member of the public, to identify yourself or explain the reason for your data request. Worksheet for Developing Data Practices Policies. Data Practices Policy for Members of the Public. Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 8 http://www.ipad.state.mn.us/docs/accesspolpub.doc
Copy Costs Minnesota Statutes, Chapter 13, allows, but does not require, government entities to charge for copies of government data. If an entity's policy is to charge for copies, the allowable amount depends on whether the requester is a member of the public or a data subject.
Charging for copies of data Minnesota Statutes, Chapter 13, allows, but does not require, government entities to charge for copies of data. MN Department of Administration, Information Policy Analysis Division · www.ipad.state.mn.us · September 201 3 Page 1 Worksheet for Developing Data Practices Policies MN Department of Administration, Information Policy Analysis Division · www.ipad.state.mn.us · September 2013 Page 3 http://www.ipad.state.mn.us/docs/accesspolworksheet.pdf
"Shall" is mandatory; "may" is permissive (645.44). In practice, some drafters also use "must" as a verb of mandate even though it is not defined by statute. Know the Laws that Determine How Your Rule Will Be Read https://www.revisor.mn.gov/revisor/pubs/arule_drafting_manual/Section1.htm