PROFESSIONAL RULES Code of Judicial Conduct
CANON 1 A JUDGE SHALL UPHOLD AND PROMOTE THE INDEPENDENCE, INTEGRITY, AND IMPARTIALITY OF THE JUDICIARY, AND SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY.
Rule 1.2 Promoting Confidence in the Judiciary A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
https://www.revisor.mn.gov/court_rules/rule.php?type=pr&subtype=judi&id=1
https://www.revisor.mn.gov/data/revisor/court_rules/pr/prjudi-1_2016-03-08_01-46-35/prjudi-1.pdf
from: Dede Evavold dedeevavold@hotmail.com
to: nancy.hohbach@co.dakota.mn.us,
jobs@co.dakota.mn.us
date: Mon, Mar 14, 2016 at 3:01 PM
subject: Chapter 13 data request - Dakota County water resources department employee Thomas Alan Berry data
mailed-by: hotmail.com
encryption: Standard (TLS) Learn more
To: Nancy Hohbach
Director of Employee Relations (651)438-4435
See attached data request for your Dakota County employee who apparently received special treatment
Dede Evavold
320-293-6233
Attachment
Nancy Hohbach, Director of Employee Relations 03-14-16
Phone: 651-438-4435 Emailed to: nancy.hohbach@co.dakota.mn.us Email: nancy.hohbach@co.dakota.mn.us jobs@co.dakota.mn.us
Re: Chapter 13 data request - Dakota County water resources department employee Thomas Alan Berry data
Please email me the following readily available, free, electronic, public documents:
1. Nancy Hohbach's signed acknowledgement of receipt of Dakota County's 2016 (or 2015 if not updated) Personnel Handbook and 2016 (or 2015 if not updated) data practice manual.
2. Thomas Alan Berry's signed acknowledgement of receipt of Dakota County's 2016 (or 2015 if not updated) Personnel Handbook and 2016 (or 2015 if not updated) data practice manual.
3. Dakota County's Notice to Commissioner of Administration: Adoption of Model Policies - Years: 2010-2015 (See incorporated IPAD example)
5. Dakota County's 2016 (or 2015 if not updated) Personnel Handbook and 2016 (or 2015 if not updated) data practice manual.
6. Criminal investigative data for Dakota County water resources department employee Thomas Alan Berry.
7. Any and all internal investigative data for Thomas Alan Berry's violation of Mn Data Practices Act.
______________________________________________
Deirdre “Dede” Evavold dedeevavold@hotmail.com
P.S. Why was able to find your email address on the Internet, but not in your City of Apple Valley's website contact information?
P.S. I've filed a criminal complaint against the corrupt Dakota Co. Attorneys: James Backstrom, Philip Prokopowicz and Kathryn Keena, haven't I? I have, haven't I? And I wouldn't hesitate to file a complaint against you, would I? I wouldn't, would I? Notice: Do not harass me. Notice: I will only accept written responses. No harassing emails. Harassing emails will be reported to the proper authorities. (Ex: Badgering the Requester, Misstating the Law, Asked and Answered, etc.). Notice: I will only accept data emailed directly to my email account. Any links to City of Apple valley's server or website instead of data being placed directly into email address provided will be considered harassing. Exception: If data is too large to email, then data may be placed onto the appropriate-sized DVD. Sizes of individual data must be provided to justify need for DVDs. Fraudulent bills will be reported to the proper authorities. Notice: Forward request to the proper authority.
http://www.ci.apple-valley.mn.us/index.aspx?NID=165 Pamela Gackstetter, City Clerk cityclerk@ci.apple-valley.mn.us City Clerk Responsibilities The City Clerk serves as the Clerk to the City Council and prepares official meeting agendas and minutes. The Clerk also publishes legal notices, coordinates the election process, and maintains official records and files for the City.
http://mlcmn.org/about-us/board-of-directorsoperating-committee/tom-lawell/ Contact City Administrator Tom Lawell - The Municipal Legislative Commission Email: tlawell@ci.apple-valley.mn.us Phone: (952) 953-2500
http://www.dmshb.com/Attorneys/Michael-E-Molenda-Custom.shtml Michael E. Molenda, Shareholder, Dougherty, Molenda, Solfest, Hills & Bauer P.A. Page 1 of 3
Email: mmolenda@dmshb.com Phone: 952-953-8831
Service: At Dougherty, Molenda, Solfest, Hills & Bauer P.A., we represent clients from Apple Valley, MN, and throughout the state, including Burnsville, Lakeville, Eagan, Mendota Heights, Rosemount, Farmington, West St. Paul, Minneapolis, Prior Lake, Savage, Shakopee, Elko-New Market, Dakota County, Scott County, Hennepin County, Ramsey County and other communities south of the river.
State of Minnesota vs Dakota County water resources department employee Thomas Alan Berry CASE NO. 19AV-CR-15-19535. CASE INFORMATION Charges: Berry, Thom as Alan 1. Violation of Minnesota Data Practices Act (Not applicable - GOC) Statute 13.09(a) Level: Misdemeanor Date: 08/26/2015 Disposition: 02/11/2016 Convicted Level of Sentence: 02/11/2016 Convicted of a Misdemeanor 02/11/2016 Disposition (Judicial Officer: Lehmann, Christopher J.) 1. Violation of Minnesota Data Practices Act (Not applicable - GOC) Convicted 02/11/2016 Court Decision (Judicial Officer: Lehmann, Christopher J.) 1. Violation of Minnesota Data Practices Act (Not applicable - GOC) 08/26/2015 (MSD) 13.09(a) (1309a)
Berry, 45, of Apple Valley, was charged with a misdemeanor data practices violation in November after an investigation by the Ramsey County sheriff’s office. ... Berry’s attorney, Philip Villaume, said Berry was “very remorseful” over the incident, and resigned his county job Feb. 1. Dakota County staffer fined for viewing lawmakers’ ‘making out’ report By Jaime DeLage jdelage@pioneerpress.com February 11, 2016.
A prosecutor alleges a Dakota County employee violated state privacy laws when he forwarded a confidential work e-mail to his home — a message that gave identifying details of two lawmakers who were cited after a park ranger found them “making out” in a parked car in Eagan. ... Nancy Hohbach, the county’s employee relations director, said Dakota County has launched internal employment and data practices investigations into the Berry’s handling of private data. “Information related to these civil investigations is private at this time,” she said. Dakota County employee charged for sharing data on Mack, Kelly Case involves report on two lawmakers at Dakota County park. By J. Patrick Coolican Star Tribune December 3, 2015 — 9:19am
"This a complicated case, and these type charges are rarely seen and prosecuted criminally. Most often these type cases are handles through civil litigation," Villaume said. ... Berry printed out the report and also forwarded a copy to his home computer, according to the complaint filed by prosecutor Michael Molenda in Dakota County Court. By J. Patrick Coolican December 10, 2015 — 12:46pm
Minnesota Department of Administration Advisory Opinion 14-020 Pursuant to Minnesota Statutes, section 13.43, subdivision 2(e) and (f), all data about the complaint or charge against a former principal maintained by Independent School District 833 are public, because the former principal entered into a settlement agreement releasing the District from potential legal claims arising out of the conduct that was the subject of the complaint or charge. Signed: Matthew Massman Commissioner Dated: December 23, 2014 http://www.ipad.state.mn.us/opinions/2014/14020.pdf http://www.ipad.state.mn.us/opinions/2014/14020.html
http://www.ci.apple-valley.mn.us/DocumentCenter/View/6548 Data Practices Policy for Members of the Public. City of Apple Valley, Minnesota Policy and procedures required by Minnesota Statutes , S ections 13.025 and 13.03 (2016) http://www.ipad.state.mn.us/docs/accesspol.html Data Practices Policies Entities adopting the model policies linked above must notify the Commissioner of Administration and may do so by using this notification. http://www.ipad.state.mn.us/docs/accesspol-adopt.docx Notice of Adoption of Model Page 2 of 3
Policies Minnesota Statutes, section 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota Statutes, section 13.03, subdivision 2, requires entities to establish procedures that data requests are complied with appropriately and promptly. Minnesota Statutes, section 13.073, subd. 6, requires the Commissioner of Administration to prepare model policies and procedures to help government entities comply with those requirements. Entities that choose to adopt the Commissioner’s model policies must notify the Commissioner. Please use the following statement to notify the Commissioner if you choose to adopt the model policies and procedures.* Notice to Commissioner of Administration: Adoption of Model Policies [Name of entity] has adopted the Commissioner’s Model Policy for the Public and Model Policy for Data Subjects. This notice to the Commissioner satisfies [name of entity]’s obligation under Minnesota Statutes, section 13.073, subdivision 6. [Signed by] [Title] [Date] *Government entities may submit this notification by mail or email: Commissioner of Administration c/o Information Policy Analysis Division (IPAD) 201 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 info.ipad@state.mn.us
https://www.revisor.mn.gov/statutes/?id=13.43&format=pdf https://www.revisor.mn.gov/statutes/?id=13.43 13.43 PERSONNEL DATA. Subd. 2. Public data. (4) the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action; (5) the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body; (6) the complete terms of any agreement settling any dispute arising out of an employment relationship, including a buyout agreement as defined in section 123B.143, subdivision 2, paragraph (a); except that the agreement must include specific reasons for the agreement if it involves the payment of more than $10,000 of public money(8) payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other not public data. (b) For purposes of this subdivision, a final disposition occurs when the government entity makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court proceedings. Final disposition includes a resignation by an individual when the resignation occurs after the final decision of the government entity, or arbitrator. (f), upon completion of an investigation of a complaint or charge against a public official, or if a public official resigns or is terminated from employment while the complaint or charge is pending, all data relating to the complaint or charge are public, unless access to the data would jeopardize an active investigation or reveal confidential sources.
102.3.3 DISTRIBUTION OF MANUAL The manual is web-based and is accessed at https://policy.lexipol.com. Access to the manual will be limited to the viewing and printing of specific sections. No changes shall be made to the electronic version without authorization. 102.4 MANUAL ACCEPTANCE As a condition of employment, all employees are required to read and obtain necessary clarification of policies. All employees are required to sign a statement of receipt acknowledging that they have received a copy or have been provided access to the Policy Manual, and understand that they are responsible to read and become familiar with its contents. Policy 102 Policy Manual – Duluth Police Department Policy Manual – page 18, 19. http://www.duluthmn.gov/media/326959/RELEASE_20150316_T181919_Duluth_PD_Policy_Manual.pdf Page 3 of 3
from: Dede Evavold dedeevavold@hotmail.com
to: tlawell@ci.apple-valley.mn.us
date: Mon, Mar 14, 2016 at 2:51 PM
subject: Chapter 13 data request - Dakota County water resources department employee Thomas Alan Berry data
mailed-by: hotmail.com
encryption: Standard (TLS) Learn more
To: Tom Lawell
City Administrator
03-14-16
Ph: (952) 953-2504
See attached data request for the Dakota County employee who apparently received special treatment.
Dede Evavold
320-293-6233
Attachment
from: Dede Evavold dedeevavold@hotmail.com
to: mmolenda@dmshb.com
date: Mon, Mar 14, 2016 at 3:03 PM
subject: FW: Chapter 13 data request - Dakota County water resources department employee Thomas Alan Berry data
mailed-by: hotmail.com
encryption: Standard (TLS) Learn more
Tom Lawell, City Administrator 03-14-16
Email: tlawell@ci.apple-valley.mn.us Emailed to: tlawell@ci.apple-valley.mn.us Ph: (952) 953-2504 mmolenda@dmshb.com
Re: Chapter 13 data request - Dakota County water resources department employee Thomas Alan Berry data Please email me the following readily available, free, electronic, public documents:
1. Tom Lawell's signed acknowledgement of receipt of City of Apple Valley's 2016 (or 2015 if not updated) Personnel Handbook and 2016 (or 2015 if not updated) data practice manual.
2. Michael E. Molenda's signed acknowledgement of receipt of City of Apple Valley's 2016 (or 2015 if not updated) Personnel Handbook and 2016 (or 2015 if not updated) data practice manual.
3. Pamela Gackstetter's signed acknowledgement of receipt of City of Apple Valley's 2016 (or 2015 if not updated) Personnel Handbook and 2016 (or 2015 if not updated) data practice manual.
4. City of Apple Valley's Notice to Commissioner of Administration: Adoption of Model Policies - Years: 2010-2015 (See incorporated IPAD example)
5. City of Apple Valley's 2016 (or 2015 if not updated) Personnel Handbook and 2016 (or 2015 if not updated) data practice manual.
6. Criminal complaint for Dakota County water resources department employee Thomas Alan Berry
___________________________________________
Deirdre “Dede” Evavold dedeevavold@hotmail.com
P.S. Why was able to find your email address on the Internet, but not in your City of Apple Valley's website contact information?
P.S. I've filed a criminal complaint against the corrupt Dakota Co. Attorneys: James Backstrom, Philip Prokopowicz and Kathryn Keena, haven't I? I have, haven't I? And I wouldn't hesitate to file a complaint against you, would I? I wouldn't, would I? Notice: Do not harass me. Notice: I will only accept written responses. No harassing emails. Harassing emails will be reported to the proper authorities. (Ex: Badgering the Requester, Misstating the Law, Asked and Answered, etc.). Notice: I will only accept data emailed directly to my email account. Any links to City of Apple valley's server or website instead of data being placed directly into email address provided will be considered harassing. Exception: If data is too large to email, then data may be placed onto the appropriate-sized DVD. Sizes of individual data must be provided to justify need for DVDs. Fraudulent bills will be reported to the proper authorities. Notice: Forward request to the proper authority.
http://www.ci.apple-valley.mn.us/index.aspx?NID=165 Pamela Gackstetter, City Clerk cityclerk@ci.apple-valley.mn.us City Clerk Responsibilities The City Clerk serves as the Clerk to the City Council and prepares official meeting agendas and minutes. The Clerk also publishes legal notices, coordinates the election process, and maintains official records and files for the City.
http://mlcmn.org/about-us/board-of-directorsoperating-committee/tom-lawell/ Contact City Administrator Tom Lawell - The Municipal Legislative Commission Email: tlawell@ci.apple-valley.mn.us Phone: (952) 953-2500 http://www.dmshb.com/Attorneys/Michael-E-Molenda-Custom.shtml Page 1 of 3
Michael E. Molenda, Shareholder, Dougherty, Molenda, Solfest, Hills & Bauer P.A. Email: mmolenda@dmshb.com Phone: 952-953-8831 Service: At Dougherty, Molenda, Solfest, Hills & Bauer P.A., we represent clients from Apple Valley, MN, and throughout the state, including Burnsville, Lakeville, Eagan, Mendota Heights, Rosemount, Farmington, West St. Paul, Minneapolis, Prior Lake, Savage, Shakopee, Elko-New Market, Dakota County, Scott County, Hennepin County, Ramsey County and other communities south of the river.
State of Minnesota vs Dakota County water resources department employee Thomas Alan Berry CASE NO. 19AV-CR-15-19535. CASE INFORMATION Charges: Berry, Thom as Alan 1. Violation of Minnesota Data Practices Act (Not applicable - GOC) Statute 13.09(a) Level: Misdemeanor Date: 08/26/2015 Disposition: 02/11/2016 Convicted Level of Sentence: 02/11/2016 Convicted of a Misdemeanor 02/11/2016 Disposition (Judicial Officer: Lehmann, Christopher J.) 1. Violation of Minnesota Data Practices Act (Not applicable - GOC) Convicted 02/11/2016 Court Decision (Judicial Officer: Lehmann, Christopher J.) 1. Violation of Minnesota Data Practices Act (Not applicable - GOC) 08/26/2015 (MSD) 13.09(a) (1309a)
Berry, 45, of Apple Valley, was charged with a misdemeanor data practices violation in November after an investigation by the Ramsey County sheriff’s office. ... Berry’s attorney, Philip Villaume, said Berry was “very remorseful” over the incident, and resigned his county job Feb. 1. Dakota County staffer fined for viewing lawmakers’ ‘making out’ report By Jaime DeLage jdelage@pioneerpress.com February 11, 2016.
A prosecutor alleges a Dakota County employee violated state privacy laws when he forwarded a confidential work e-mail to his home — a message that gave identifying details of two lawmakers who were cited after a park ranger found them “making out” in a parked car in Eagan. ... Nancy Hohbach, the county’s employee relations director, said Dakota County has launched internal employment and data practices investigations into the Berry’s handling of private data. “Information related to these civil investigations is private at this time,” she said. Dakota County employee charged for sharing data on Mack, Kelly Case involves report on two lawmakers at Dakota County park.By J. Patrick Coolican Star Tribune December 3, 2015 — 9:19am "This a complicated case, and these type charges are rarely seen and prosecuted criminally. Most often these type cases are handles through civil litigation," Villaume said. ... Berry printed out the report and also forwarded a copy to his home computer, according to the complaint filed by prosecutor Michael Molenda in Dakota County Court. By J. Patrick Coolican December 10, 2015 — 12:46pm
Minnesota Department of Administration Advisory Opinion 14-020 Pursuant to Minnesota Statutes, section 13.43, subdivision 2(e) and (f), all data about the complaint or charge against a former principal maintained by Independent School District 833 are public, because the former principal entered into a settlement agreement releasing the District from potential legal claims arising out of the conduct that was the subject of the complaint or charge. Signed: Matthew Massman Commissioner Dated: December 23, 2014 http://www.ipad.state.mn.us/opinions/2014/14020.pdf http://www.ipad.state.mn.us/opinions/2014/14020.html
http://www.ci.apple-valley.mn.us/DocumentCenter/View/6548 Data Practices Policy for Members of the Public. City of Apple Valley, Minnesota Policy and procedures required by Minnesota Statutes , S ections 13.025 and 13.03 (2016) http://www.ipad.state.mn.us/docs/accesspol.html Data Practices Policies Entities adopting the model policies linked above must notify the Commissioner of Administration and may do so by using this Page 2 of 3
https://www.revisor.mn.gov/statutes/?id=13.43&format=pdf https://www.revisor.mn.gov/statutes/?id=13.43 13.43 PERSONNEL DATA. Subd. 2. Public data. (4) the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action; (5) the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body; (6) the complete terms of any agreement settling any dispute arising out of an employment relationship, including a buyout agreement as defined in section 123B.143, subdivision 2, paragraph (a); except that the agreement must include specific reasons for the agreement if it involves the payment of more than $10,000 of public money(8) payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other not public data. (b) For purposes of this subdivision, a final disposition occurs when the government entity makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court proceedings. Final disposition includes a resignation by an individual when the resignation occurs after the final decision of the government entity, or arbitrator. (f), upon completion of an investigation of a complaint or charge against a public official, or if a public official resigns or is terminated from employment while the complaint or charge is pending, all data relating to the complaint or charge are public, unless access to the data would jeopardize an active investigation or reveal confidential sources.
102.3.3 DISTRIBUTION OF MANUAL The manual is web-based and is accessed at https://policy.lexipol.com. Access to the manual will be limited to the viewing and printing of specific sections. No changes shall be made to the electronic version without authorization. 102.4 MANUAL ACCEPTANCE As a condition of employment, all employees are required to read and obtain necessary clarification of policies. All employees are required to sign a statement of receipt acknowledging that they have received a copy or have been provided access to the Policy Manual, and understand that they are responsible to read and become familiar with its contents. Policy 102 Policy Manual – Duluth Police Department Policy Manual – page 18, 19. http://www.duluthmn.gov/media/326959/RELEASE_20150316_T181919_Duluth_PD_Policy_Manual.pdf Page 3 of 3
More to come. . . .
Related Links:
Poor Dede Forced The Big, Bad, Corrupt City Of St. Cloud Into Notifying IPAD Of Adoption Of Model MN Data Practice Policies? Poor Dede Is Taking Control In Rigged Case No. 19HA-CR-15-4227 State Of Minnesota VS Deirdre Elise "Dede" Evavold, Isn't She? Will Poor Dede Force Dismissal Of All Charges? Inquiring Minds Want To Know, Don't They?
Public Data & Discovery Request For Rigged Case No. 19HA-CR-15-4227 State Of Minnesota VS Deirdre Elise "Dede" Evavold? Where Is The Data For The Malicious October 21, 2015 No-Knock Warrant, Huh? Corrupt City Of Lakeville Deputy Chief Of Police John Kornmann Gets Mad And Hangs Up On Poor Dede & Nemmers? Corrupt Kornmann Couldn't Fall Back On His Training, Could He? He Couldn't, Could He? Corrupt Kornmann Doesn't Want To Help Poor Dede Prove That She Is A Victim Of A Corrupt Dakota County Court, Does He? No Surprise, Right? Corrupt Dakota Co. Attorney James Backstrom Has A History Of Obstructing Justice, Doesn't He? Really No Surprise, Right? Lakeville Police Making Wild & Outrageous Claims About Sandra Grazzin-Rucki's Kidnapping Charge Being "A Clerical Error"?
UPDATE FOR: Criminal Complaint Against Corrupt Dakota Co. Attorneys: James Backstrom, Philip Prokopowicz & Kathryn Keena For Illegally Withholding Readily Available, Free, Electronic, Public Data & Discovery For Rigged Case No. 19HA-CR-15-4227 State Of Minnesota VS Deirdre Elise "Dede" Evavold? Corrupt City Of Hastings Police Chief Bryan Schafer Forced To Respond To Data Request? Character Assassination By Star Tribune's So-Called "Special Correspondent" Michael "Dr. Quack" Brodkorb & So-Called Officer Of The Court Ronald S. Rosenbaum Lawyer License No: 0163478? Brodkorb & Rosenbaum Are Dakota Co's Unofficial "Hatchet Men," Aren't They? They Are, Aren't They? Star Tribune's Media Blackout On High-Profile Sandra Grazzini Rucki's Sudden & Mysterious Release From Jail?
Criminal Complaint Against Corrupt Dakota Co. Attorneys: James Backstrom, Philip Prokopowicz & Kathryn Keena For Illegally Withholding Readily Available, Free, Electronic, Public Data & Discovery For Rigged Case No. 19HA-CR-15-4227 State Of Minnesota VS Deirdre Elise "Dede" Evavold? Dede Was Sent A Fraudulent Bill For $210.00, Wasn't She? She Was, Wasn't She? Dede Is The Victim, Isn't She? She Is, Isn't She? 02-22-16 Update: Corrupt Lawyer's Professional Responsibility Board Acknowledges Reciept Of Dede's Complaint?
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