May 20, 2016
To: Terry Dean Nemmers
From: Robyn Sykes, Minnesota Counties Intergovernmental Trust (MCIT), Executive Director
Cc: Steve Nelson, Minnesota Counties Intergovernmental Trust (MCIT), Deputy Director
Re: Data Practices Request
Following is MCIT’s response to your data request of May 18, 2016 as required by Minnesota Chapter 13.
1. Minnesota Counties Intergovernmental Trust (MCIT) notice to Commissioner of Administration: Adoption of Model Policies - Years: 2010-2015 (See incorporated IPAD example)
MCIT did not send a Notice to the Commissioner of Administration adopting their model policies. The document you request does not exist.
2. MCIT 2016 (or current) personnel handbook and LMCIT 2016 (or current) data practice manual.
The MCIT Personnel Policy is not available electronically. MCIT will make it available for you to review at no cost upon appointment by contacting me at rsykes@mcit.org or 651.209.6408. If you wish to make copies of the Personnel Policy we will charge you $.25 a page. The cost of reproducing the entire document is $12.50. We will require payment before we make the copies.
We do not have data responsive to this request. You must direct your request for the LMCIT 2016 (or current) data practices manual to the League of Minnesota Cities Insurance Trust.
3. Signed MCIT joint powers agreements with the following counties: Pope, Douglas, Dakota, and Kandiyohi.
The MCIT Joint Powers Agreement with the counties of Pope, Douglas and Kandiyohi are not available electronically. MCIT will make them available for you to review at no cost upon appointment by contacting me at rsykes@mcit.org or 651.209.6408. If you wish to make copies of the documents we will charge you $.25 a page. The cost of reproducing the documents is $3.75. We will require payment before we make the copies.
Dakota County is not a member of the Minnesota Counties Intergovernmental Trust so no joint powers agreement exists.
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4. Please provide a link to all MCIT board minutes, agenda packets and joint powers agreements
You can access the most recent MCIT board minutes at https://www.mcit.org/board/minutes/ Other board minutes and agenda packets are not available electronically.
MCIT will make them available for you to review at no cost upon appointment by contacting me at rsykes@mcit.org or 651.209.6408. If you wish to make copies of the documents we will charge you $.25 a page, plus the cost of an employee to copy the documents (at the rate of $17.00 per hour). The cost of reproducing the documents is approximately $11,569.00. We will require payment before we make the copies.
The MCIT Joint Powers Agreements are not available electronically. MCIT will make them available for you to review at no cost upon appointment by contacting me at rsykes@mcit.org or 651.209.6408. If you wish to make copies of the documents we will charge you $.25 a page, plus the cost of an employee to copy the documents (at the rate of $17.00 per hour). The cost of reproducing the documents is approximately $605.00. We will require payment before we make the copies.
http://www.mcit.org/resource/?&s=&es[resource_categories][or][0]=joint-powers-mutual- aid&rs=1 Joint Powers Organizations Browse through a collection of more than 100 articles and model forms in the MCIT Resource Library. Use the search tools to the left to narrow in on the appropriate resource. July 2015 | Article | Uploaded in: Data Practices Joint Powers/Mutual Aid Legal Open Meeting Law Joint Powers Organizations Are Subject to Open Meeting and Data Practices Laws Sorry, but you do not have permission to view this content.
It is unclear as to the nature of your request. Please clarify what data you are seeking so MCIT can respond appropriately.
http://www.mcit.org/joint-powers-organizations/ Joint Powers Organizations Must Comply with Open Meeting and Data Practices Laws Joint powers entities must comply with many of the same laws and practices as their member entities, such as the Minnesota Open Meeting Law and Minnesota Government Data Practices Act. Failure to comply with these laws can lead to fines and damages. Members can learn more about these laws, tips for complying and recommendations for managing risk, by reviewing articles in the Resource Library.
It is unclear as to the nature of your request. Please clarify what data you are seeking so MCIT can respond appropriately.
https://www.mcit.org/member-organizations/
MCIT Members Consist of Counties and Associated Public Entities Membership is a privilege. Entities applying for membership must demonstrate they are entitled to the immunities and the tort limits offered in Minnesota Statutes Chapter 466. Entities requesting membership must also demonstrate a commitment to risk management and
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You can electronically access a list of MCIT members at https://www.mcit/org/member-organizations/.
https://www.mcit.org/data-practices/
Minnesota Government Data Practices Act and Other Data Privacy Laws Pose Specific Requirements for Public Entities The Minnesota Government Data Practices Act (MGDPA) is an evolving statute that attempts to strike a balance between the dual public policy goals of government transparency and data privacy. The Act regulates all government data collected, created, received, maintained, disseminated or stored by public government entities irrespective of the data’s physical form, storage, media or conditions of use. Failure to comply with the Act may result in civil damages, or civil or criminal penalties. The MGDPA establishes a presumption that government data are publicly accessible, unless access is prohibited either by law or by a temporary data classification. The Act largely determines whether a government entity must, upon request of various parties, release certain types of data. Key Areas to Watch The Minnesota Government Data Practices Act is complex. Areas to which members should pay particular attention are: Data classification: who legally has access to that data, including personnel data Requests for data: how they should be received, who determines whether the information can be released to the requesting party, what to do about data that includes both public and private information and how to deny access to data Fees that can be charged for data Data security breaches: when notices of a data breach must be released and to whom, and investigations of data breaches Government data provided to contractors for the purpose of conducting government business
It is unclear as to the nature of your request. Please clarify what data you are seeking so MCIT can respond appropriately.
https://www.mcit.org/mcit-overview/ MCIT Responds to Member Needs MCIT’S MISSION: PROVIDING MINNESOTA COUNTIES AND ASSOCIATED MEMBERS COST-EFFECTIVE COVERAGE WITH COMPREHENSIVE AND QUALITY RISK MANAGEMENT SERVICES. MCIT is a joint powers entity made up of Minnesota counties and associated public entities that pool resources to provide property, casualty and workers’ compensation coverage to members. MCIT also offers risk management and loss control services. MCIT was established in 1979 pursuant to Minnesota Statutes 471.59 and 471.981, and is open to governmental units or other political subdivisions subject to approval by MCIT’s Board of Directors.
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MCIT’s structure allows it to design programs and provide advice tailored to the individual member’s needs as demonstrated by MCIT’s visits with safety committees, attendance at board meetings, on-site trainings and phone or in-person consultations.
This is an excerpt from the MCIT website that you can access electronically at www.mcit.org.
We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. ... If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2016) Data Practices Policy for Members of the Public, Page 3. http://www.ipad.state.mn.us/docs/accesspolpub.docx http://www.ipad.state.mn.us/docs/accesspol.html
This is an excerpt from the State of Minnesota’s website. We do not have data responsive to this request. You must direct your request to the State of Minnesota-Department of Administration.
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 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. *Government entities may submit this notification by mail or email: http://www.ipad.state.mn.us/docs/accesspol-adopt.docx
This is an excerpt from the State of Minnesota’s website. We do not have data responsive to this request. You must direct your request to the State of Minnesota-Department of Administration.
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Robyn Sykes, Executive Director (1.866.547.6516/ext. 6408) Steve Nelson, Deputy Director (1.866.547.6516/ext. 6411)
Chapter 13 data request - Please email me the following readily available, free, electronic, public data:
1. Minnesota Counties Intergovernmental Trust (MCIT) notice to Commissioner of Administration: Adoption of Model Policies - Years: 2010-2015 (See incorporated IPAD example)
2. MCIT 2016 (or current) personnel handbook and LMCIT 2016 (or current) data practice manual.
3. Signed MCIT joint powers agreements with the following counties: Pope, Douglas, Dakota, and Kandiyohi.
4. Please provide a link to all MCIT board minutes, agenda packets and joint powers agreements for http://www.mcit.org/wp-content/uploads/2015/05/MCIT_Membership_2015.pdf.
Terry Dean, Nemmers (320) 283-5713
http://www.mcit.org/resource/?&s=&es[resource_categories][or][0]=joint-powers-mutual-aid&rs=1 Joint Powers Organizations Browse through a collection of more than 100 articles and model forms in the MCIT Resource Library. Use the search tools to the left to narrow in on the appropriate resource. July 2015 | Article | Uploaded in: Data Practices Joint Powers/Mutual Aid Legal Open Meeting Law Joint Powers Organizations Are Subject to Open Meeting and Data Practices Laws Sorry, but you do not have permission to view this content.
http://www.mcit.org/joint-powers-organizations/ Joint Powers Organizations Must Comply with Open Meeting and Data Practices Laws Joint powers entities must comply with many of the same laws and practices as their member entities, such as the Minnesota Open Meeting Law and Minnesota Government Data Practices Act. Failure to comply with these laws can lead to fines and damages. Members can learn more about these laws, tips for complying and recommendations for managing risk, by reviewing articles in the Resource Library.
https://www.mcit.org/member-organizations/ MCIT Members Consist of Counties and Associated Public Entities Membership is a privilege. Entities applying for membership must demonstrate they are entitled to the immunities and the tort limits offered in Minnesota Statutes Chapter 466. Entities requesting membership must also demonstrate a commitment to risk management and loss control. MCIT reserves the right to decline membership to any entity that may pose a threat to the fiscal health of MCIT.
https://www.mcit.org/data-practices/ Minnesota Government Data Practices Act and Other Data Privacy Laws Pose Specific Requirements for Public Entities The Minnesota Government Data Practices Act (MGDPA) is an evolving statute that attempts to strike a balance between the dual public policy goals of government transparency and data privacy. The Act regulates all government data collected, created, received, maintained, disseminated or stored by public government entities irrespective of the data’s physical form, storage, media or conditions of use. Failure to comply with the Act may result in civil damages, or civil or criminal penalties. The MGDPA establishes a presumption that government data are publicly accessible, unless access is prohibited either by law or by a temporary data classification. The Act largely determines whether a
government entity must, upon request of various parties, release certain types of data.
Key Areas to Watch
The Minnesota Government Data Practices Act is complex. Areas to which members should pay particular attention are:
Data classification: who legally has access to that data, including personnel data
Requests for data: how they should be received, who determines whether the information can be released to the requesting party, what to do about data that includes both public and private information and how to deny access to data
Fees that can be charged for data Data security breaches: when notices of a data breach must be released and to whom, and investigations of data breaches
Government data provided to contractors for the purpose of conducting government business
https://www.mcit.org/mcit-overview/
MCIT Responds to Member Needs
MCIT’S MISSION: PROVIDING MINNESOTA COUNTIES AND ASSOCIATED MEMBERS COST-EFFECTIVE COVERAGE WITH COMPREHENSIVE AND QUALITY RISK MANAGEMENT SERVICES.
MCIT is a joint powers entity made up of Minnesota counties and associated public entities that pool resources to provide property, casualty and workers’ compensation coverage to members.
MCIT also offers risk management and loss control services. MCIT was established in 1979 pursuant to Minnesota Statutes 471.59 and 471.981, and is open to governmental units or other political subdivisions subject to approval by MCIT’s Board of Directors. MCIT’s structure allows it to design programs and provide advice tailored to the individual member’s needs as demonstrated by MCIT’s visits with safety committees, attendance at board meetings, on-site trainings and phone or in-person consultations.
We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. ... If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2016) Data Practices Policy for Members of the Public, Page 3.
http://www.ipad.state.mn.us/docs/accesspolpub.docx 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 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. *Government entities may submit this notification by mail or email: http://www.ipad.state.mn.us/docs/accesspol-adopt.docx
Robyn Sykes rsykes@mcit.org To: Lion News lionnews00@gmail.com, Steve Nelson snelson@mcit.org Wed, May 18, 2016 at 5:23 PM
Mr. Nemmers, be advised that we have received your inquiry and will respond.
From: Lion News [mailto:lionnews00@gmail.com] Sent: Wednesday, May 18, 2016 5:15 PM To: Robyn Sykes; Steve Nelson Subject: Chapter 13 data request - Minnesota Counties Intergovernmental Trust (MCIT) data
Mr. Nemmers, please find MCIT’s response to your data practices request attached.
From: Lion News [mailto:lionnews00@gmail.com] Sent: Wednesday, May 18, 2016 5:15 PM To: Robyn Sykes; Steve Nelson Subject: Chapter 13 data request - Minnesota Counties Intergovernmental Trust (MCIT) data [Quoted text hidden]
Terry Dean Nemmers Final.docx 110K
Lion News lionnews00@gmail.com
To: Robyn Sykes rsykes@mcit.org
Cc: Steve Nelson snelson@mcit.org,
Karen Ebert kebert@mcit.org
Sun, May 22, 2016 at 12:18 PM
Robyn Sykes, Executive Director (1.866.547.6516/ext. 6408) Steve Nelson, Deputy Director (1.866.547.6516/ext. 6411)
So you admit that MCIT is not in compliance the Chapter 13 data practice statutes nor the rules nor the model policies established by Commissioner of Administration? Is that why you didn't email me the MCIT 2016 (or current) data practice manual? I'm sure that you could have figured out from the context that I was requesting the MCIT data practice manual and not the LMCIT data practice manual, right? Just more passive-aggressive behavior on your part, right? In your loony response you confessed to the wilful destruction of MCIT's readily available, free, electronic, public data, didn't you? You did, didn't you?
Oh, by the way, I am contesting your loony and fraudulent bill, aren't I? Apparently, I wasn't as stupid as you had hoped I would be, right? First, I want your loony and fraudulent bill placed onto your Minnesota Counties Intergovernmental Trust (MCIT) public data request cost calculator form and then email the filled out form to me. Second, I want your MCIT 2016 (or current) data practice manual emailed to me. Third, I want a log of the current salaries and current job descriptions for the current administrative personnel and the current data compliance personnel at MCIT emailed to me. Fourth, I want the MCIT resolution appointing the current MCIT responsible authority emailed to me. Fifth, email me the MCIT's data retention manual.
If you want, then I can and will request the signed document that you have acknowledge receipt of, understand and will fully comply with the MCIT policies established by the MCIT's data practice manual, can't I? How soon will the above listed readily available, free, electronic, public data along with the link to all the signed MCIT joint powers agreements and MCIT minutes be ready to be emailed to me? FYI: I do report harassing emails to the proper authorities, don't I?
Terry Dean, Nemmers (320) 283-5713
P.S. If you force me to waste my valuable time to call you on the phone, then you will find out how I know that all your readily available, free, electronic, public data is not only electronic, but readily available, won't you? You will, won't you?
Statute which proves that your harassing email with its attached loony and fraudulent bill is harassing: https://www.revisor.mn.gov/rules/?id=1205.2000&version=2014-01-18T00:44:10-06:00&format=pdf https://www.revisor.mn.gov/rules/?id=1205.2000 1205.2000 ADVISORY FORMS. § Subpart 1. Advisory form A: resolution appointing a county responsible authority. State of Minnesota ... immediately appointing an administratively and technically qualified Responsible Authority as required under the statute. ... Subp. 2. Advisory form B: resolution appointing a city responsible authority. State of Minnesota ... immediately appointing an administratively qualified Responsible Authority as required under the statute.
Statute which states I can make you justify your your loony and fraudulent bill: 13.03 ACCESS TO GOVERNMENT DATA. Subd. 3. Request for access to data.(d) The responsible authority, upon the request of any person, shall provide sufficient documentation to explain and justify the fee being charged. 13.03 ACCESS TO GOVERNMENT DATA. https://www.revisor.mn.gov/statutes/?id=13.03 https://www.revisor.mn.gov/statutes/?id=13.03&format=pdf
https://www.revisor.mn.gov/statutes/?id=13.43&format=pdf
13.43 PERSONNEL DATA. Subd. 2.Public data. (a) Except for employees described in subdivision 5 and subject to the limitations described in subdivision 5a, the following personnel data on current and former employees, volunteers, and independent contractors of a government entity is public: (1) name; employee identification number, which must not be the employee's Social Security number; actual gross salary; salary range; terms and conditions of employment relationship; contract fees; actual gross pension; the value and nature of employer paid fringe benefits; and the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary; (2) job title and bargaining unit; job description; education and training background; and previous work experience
Example of DATA REQUEST COST CALCULATION FORM:
http://www.ci.new-ulm.mn.us/vertical/sites/%7B1E9156B6-EE87-4ADE-9BB6-37AF3590FA0E%7D/uploads/%7B0450019B-65AA-4E7E-82FA-DF28E5E2C561%7D.PDF CITY OF NEW ULM, NEW ULM PUBLIC UTILITIES, AND NEW ULM ECONOMIC DEVELOPMENT AUTHORITY (HEREINAFTER, CITY) NEW ULM, MINNESOTA DATA PRACTICES POLICY Exhibit 2 CITY OF NEW ULM DATA REQUEST COST CALCULATION FORM
Example of your kind of harassment documented with IPAD: http://www.ipad.state.mn.us/opinions/2010/10024.html http://www.ipad.state.mn.us/opinions/2010/10024.pdf The City did not comply with Minnesota Statutes, Chapter 13, when it charged $265 to copy approximately 61 pages from the approximately 473 pages that the requestor inspected. Signed: Sheila M. Reger Commissioner Dated: November 16, 2010.
Example of Nemmers dealing with harassment over readily available, free, electronic, public data: On 5/28/15, Terry Nemmers came into our office to file a complaint against Superintendent Doug Froke regarding a Data Practices Request that he made. Nemmers said that he doesn't feel that the request has been fulfilled because the Fargo Forum was provided information that was not shared with him. Case no: DL-15-001627 Date: 05/29/2015 Officer: Strand, Robert Paul Badge: 6400DL DETROIT LAKES POLICE DEPARTMENT INCIDENT REPORT (in searchable pdf format)
Evidence of willful & malicious harassment and evidence of fraudulent bill: You can access the most recent MCIT board minutes at https://www.mcit.org/board/minutes/ Other board minutes and agenda packets are not available electronically. MCIT will make them available for you to review at no cost upon appointment by contacting me at rsykes@mcit.org or 651.209.6408. If you wish to make copies of the documents we will charge you $.25 a page, plus the cost of an employee to copy the documents (at the rate of $17.00 per hour). The cost of reproducing the documents is approximately $11,569.00. We will require payment before we make the copies. Retarded nonsense from May 20, 2016 Robyn Sykes, Minnesota Counties Intergovernmental Trust (MCIT), Executive Director [Quoted text hidden]
Robyn Sykes rsykes@mcit.org To: Lion News lionnews00@gmail.com Cc: Steve Nelson snelson@mcit.org, Karen Ebert kebert@mcit.org Mon, May 23, 2016 at 11:22 AM
Mr. Nemmers, be advised MCIT has received your most recent email (below). We have also received your voice mail messages of earlier this morning. We are reviewing and will respond as is appropriate. To ensure we both (MCIT and you) have a record of our exchanges we ask that all communications be via email. Thank you.
From: Lion News [mailto:lionnews00@gmail.com] Sent: Sunday, May 22, 2016 12:18 PM To: Robyn Sykes Cc: Steve Nelson; Karen Ebert Subject: Re: Chapter 13 data request - Minnesota Counties Intergovernmental Trust (MCIT) data [Quoted text hidden]
from: Lion News lionnews00@gmail.com
to: Robyn Sykes rsykes@mcit.org,
Steve Nelson snelson@mcit.org,
Karen Ebert kebert@mcit.org,
Chao Xiong cxiong@startribune.com
date: Fri, May 26, 2017 at 9:51 AM
subject: How would you like to do a Star Tribune story about me filing criminal charges against Robyn Sykes, Executive MCIT?
mailed-by: gmail.com
Chao Xiong, Star Tribune 612-673-4391
How would you like to do a story about me filing criminal charges against Robyn Sykes, Executive Director Minnesota Counties Intergovernmental Trust (MCIT)? Inquiring minds want to know, don't they? I'll be reporting Sykes for her fraudulent $12190.25 bill for readily available, free, electronic public MCIT data, won't I? I will, won't I? Sykes misused public resources to harass me and to illegally withhold the data, didn't she? She did, didn't she? I have a reasonable suspicion that Sykes was attempting to force me to file some unnecessary, resources wasting and time consuming civil litigation, haven't I? I have, haven't I? So are ready to write about my criminal complaint or not? Inquiring minds really want to know, don't they?
Terry Dean, Nemmers (320) 283-5713
P.S. https://www.revisor.mn.gov/statutes/?id=13.09 13.09 PENALTIES. https://www.revisor.mn.gov/statutes/?id=609.43 609.43 MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE. https://www.revisor.mn.gov/statutes/?id=609.52 609.52 THEFT. https://www.revisor.mn.gov/statutes/?id=609.748 609.748 HARASSMENT; RESTRAINING ORDER.
https://www.mcit.org/staff/ Sykes, Robyn – Executive Director 651.209.6400/1.866.547.6516 Ext. 6408 rsykes@mcit.org
https://twitter.com/Lion__News/status/868111056157024256 Lion News @Lion__News RobinSykes @MNcounties lawyers up after sending fraudulent $12190.25 bill to Nemmers for public data? @sppdPIO @PioneerPress @ChaoStrib 1of5 7:26 AM - 26 May 2017
https://twitter.com/Lion__News/status/868110756276912129 Lion News @Lion__News RobinSykes @MNcounties lawyers up after sending fraudulent $12190.25 bill to Nemmers for public data? @sppdPIO @PioneerPress @ChaoStrib 2of5 7:25 AM - 26 May 2017
https://twitter.com/Lion__News/status/868110665684099073 Lion News @Lion__News RobinSykes @MNcounties lawyers up after sending fraudulent $12190.25 bill to Nemmers for public data? @sppdPIO @PioneerPress @ChaoStrib 3of5 7:24 AM - 26 May 2017
https://twitter.com/Lion__News/status/868110569445900288 Lion News @Lion__News RobinSykes @MNcounties lawyers up after sending fraudulent $12190.25 bill to Nemmers for public data? @sppdPIO @PioneerPress @ChaoStrib 4of5 7:24 AM - 26 May 2017
https://twitter.com/Lion__News/status/868110372955226112 Lion News @Lion__News RobinSykes @MNcounties lawyers up after sending fraudulent $12190.25 bill to Nemmers for public data? @sppdPIO @PioneerPress @ChaoStrib 5of5 Like 1 DailyMynd 7:23 AM - 26 May 2017
https://www.stpaul.gov/departments/police/administration-office-chief Contact Chief Axtell Email: Todd.D.Axtell@ci.stpaul.mn.us 651.266.5588
Minnesota Counties Intergovernmental Trust (MCIT) Executive Director Robyn Sykes Lawyers Up After Submitting Fraudlent $12190.25 Bill For Readily Available, Free, Electronic, Public Data? Actually, Sykes Lawyered Up After Nemmers Stated He Would Report Harassing Communications To Proper Authorities? http://lionnews00.blogspot.com/2017/05/minnesota-counties-intergovernmental.html
https://twitter.com/Lion__News/status/868119081395695616 Lion News @Lion__News Email to @ChaoStrib Write story on Robin Sykes @MNcounties fraudulent $12190.25 bill to Nemmers? #MNCountiesScandal @sppdPIO @PioneerPress Retweet 1 Like 1 Cheryl Nagel 7:58 AM - 26 May 2017 0 replies 1 retweet 1 like
More to come . . .
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