Sunday, April 17, 2022

Unsuspecting MN Parents: What Is Going To Happen If You Get Duped Into Following The Dangerous Sovereign Citizen Tactics Of The Agitator/Rabble-Rouser Keith Haskell Of The National Action Task Force (NATF)? You're Going To Get A Letter Informing You That You Could Be Sued Civily Or Criminally Prosecuted, Aren't You? You Are, Aren't You? Why? Did Haskell Intentionally Forget To Mention To Unsuspecting Parents That He Teaches Paper Terrorism? Did You Know That Fanatic Haskell Loves To Impersonate Peace Officers?

 

Maggie R. Wallner Attorney at Law
Direct Dial: (612) 337-9301
Email: mwallner@kennedy-graven.com
January 20, 2022

Tammie Nelder
[Redacted]
Lewiston, MN 55952

CERTIFIED MAIL RETURN RECEIPT REQUESTED AND REGULAR U.S. MAIL 

Dear Ms. Nelder:

Our firm represents the Lewsiton-Altura School District. This letter is in response to the “Notice” that was delivered to School Board members on January 10, 2022.
The School Board and its members have acted in full compliance with state and federal law and within its statutory and constitutional authority, and your assertions otherwise are wholly without merit. The District’s Safe Learning Plan is aimed at protecting health and safety of students and staff; and the District will not be deterred from that effort. 

With respect to your allegations and demands related to the Oath of Office, all Board members have been duly elected and are properly serving under oath, including the oral oath taken at the January 4, 2021 School Board meeting. The District will continue its efforts to locate all executed forms. Any representation by you that you, by self-appointment, are a member of the member of the School Board of Independent School District No. 857. is and act of fraudulent and negligent misrepresentation, for which there are potential civil and criminal penalties.

There is absolutely no basis for your $250,000 per board member monetary demand; it is frivolous and is hereby rejected. Any purported lien filed against Board members would be, as a matter of law, invalid, unless authorized by a court order or a specific statute. See, Minnesota Statutes, Section 514.99, subdivision 4. A fraudulent lien will be reported to law enforcement as a violation of Minnesota Statutes, Section 609.7475, which is a gross misdemeanor. Also, if it is necessary to bring an action in district court to remove liens against Board members, they will seek all available money damages, costs, attorney fees and punitive damages available under Minnesota Statutes, Section 514.99 against all individuals who filed the liens.

If you are represented by an attorney, please provide me his/her contact information, so any further correspondence or service of process can be directed to him/her.

Sincerely, KENNEDY & GRAVEN, CHARTERED By: /s/ Maggie R. Wallner

If you want to read Haskell's and Nelder's paper terrorism then just click on the images, okay?

FYI: The parent’s claims were baseless. ... But the scare tactic has become a familiar one. ... The parents’ strategy is simple: Try to use obscure and often inapplicable legal claims to force a school district to make a policy change. ... “Paper terrorism” is a well-known tactic among anti-government extremist movements. The term originates from terminology that law enforcement officials used to describe the tactics of the Montana Freemen, 'Paper terrorism': Parents against mask mandates bombard school districts with sham legal claims – A group called Bonds for the Win is organizing parents to file claims against school districts’ insurance policies, taking a page from the sovereign citizen playbook. Feb. 21, 2022, 6:21 AM CST / Updated Feb. 21, 2022, 2:27 PM CST By Tyler Kingkade and Ben Collins https://www.nbcnews.com/news/us-news/parents-mask-schools-surety-bonds-rcna16872
FYI: After Board Chair Ruth Nelson told Haskell his three minutes were up, he continued on, telling the board members if they run for office again, their next campaign slogan should be “masking for money.” “You’re on notice tonight, officially. You are violating state statutes, U.S. codes. You’re violating policies and procedures that you set about bullying with some of what you’ve done,” Haskell said, continuing on beyond his three minutes as Nelson tried to get him to stop talking. “And here’s the best news. You have now pierced the veil of protection that you have as a school board member. You’re no longer protected by your insurance. You are each individually civilly and criminally responsible. And I have news for you so that you’re aware — I know my time’s up. I don’t care.” Nelson hit her gavel on the table and called for a recess, as Haskell raised his voice and stood up and turned to address the audience. School board stops meeting as speaker alleges rights violations - Keith Haskell, who later identified himself as an investigator with the National Action Task Force, chastised the board during the public forum portion of the meeting with allegations of taking away citizens’ rights. He noted the board’s rules for public forums and the district’s mask mandate. By Theresa Bourke December 14, 2021 03:12 PM https://www.brainerddispatch.com/news/school-board-stops-meeting-as-speaker-alleges-rights-violations
FYI: Haskell and Hillman both questioned whether the face covering requirement was an attempt from the district to secure extra COVID-19 relief funding, including the third round of Elementary and Secondary School Emergency Relief funds from the American Rescue Plan Act. ... District’s statement John Edison, the district’s legal counsel with Rupp, Anderson, Squires, Waldspurger & Mace, responded to the issue in an email Wednesday. “The documents handed to the Board of Education today are similar to documents that have been handed to school officials in other Minnesota school districts,” he wrote. “The claims asserted in the documents provided to the Board of Education today have no legitimate legal basis whatsoever, and appear to be part of a concerted effort to harass school officials by asserting baseless claims related to COVID-19 mitigation strategies.” Hahn said the district will likely make a statement after legal counsel thoroughly reviews the documents. https://www.scribd.com/document/563725373/Brainerd-School-Board-Legal-documents-March-9-2022#from_embed Brainerd School Board - Legal Documents March 9, 2022 Original Title:Brainerd School Board - Legal documents March 9, 2022 Uploaded byinforumdocs Description:Legal documents presented to Brainerd School Board members March 9, 2022. Brainerd parent group demands resignations, damages over school mask mandate The district called the legal claims illegitimate. By Theresa Bourke March 10, 2022 06:00 AM https://www.brainerddispatch.com/news/local/parent-group-demands-resignations-damages-over-school-mask-mandate
FYI: “The N.A.T.F is law enforcement.” Keith Haskell 1:34:59-1:34:59/3:42:47 https://www.facebook.com/tC.pearson.564/videos/646173653015329/UzpfSTM2NTAwMTM3MDc1NzI5MTo5MzM3ODYwMzM4Nzg4MTk/ TC Pearson was live — at Owatonna VFW. about a month ago · Owatonna, MN · We Choose Freedom Rally hosted by United Patriots for Accountability

FYI: https://www.republicaneagle.com/news/man-charged-with-pepper-spraying-2-police-officers/article_f93ef6bd-7494-57b7-8cfa-6cec11442f56.html Man charged with pepper-spraying 2 police officers editor@rosemounttownpages.com Published on Apr 5, 2007 Two Rosemount police officers got faces full of pepper spray last month when they tried to arrest a man suspected of larceny and impersonating a police officer. Police from Sioux Falls, S.D. called Rosemount March 21 and asked local police to arrest Keith Douglas Haskell, 44. The South Dakota department planned to extradite Haskell to Sioux Falls so he could face charges there. Sioux Falls police warned Rosemount officers Haskell has a history of impersonating police officers and likely had police equipment. Investigators Henry Cho and Emau Morgan went to Haskell's home on Atrium Avenue at 2 p.m. March 21. According to a complaint filed in the Dakota County Attorney's office Haskell tried to keep the officers from getting into his home, then sprayed them with pepper spray when they tried to push through the door as Haskell tried to close it. Cho was hit directly in both eyes and was incapacitated but Morgan, who was sprayed directly in only one eye, was able to arrest Haskell. Haskell reportedly told Morgan later he wouldn't have used the pepper spray if he'd known the two were police officers, but according to the complaint Haskell sprayed Cho and Morgan after they identified themselves.

FYI: Guest – Keith Haskell: We’re in a society where we want someone else to do everything for us. You know, I just put on my Facebook page if we had 6,000 at a rally or 3,000 people at a rally, why don’t we have election judges? Why are we not becoming election judges or poll watchers? Or going to caucus? Or becoming a delegate?
Sons Of Liberty – Tim Brown: Yeah.
Guest – Keith Haskell: That’s a huge concern. If I have 5,000 patriot brothers and sisters standing at the state capitol.You know, 200 of us with guns or whatever. Why are we not doing the things that we need to do to take this country
back? One community one state at a time. And those are things that we have to do. If we don’t do it. This is all I hear “Waa, waa, waa, waa, waa.” And these are my patriots brothers and sisters. It’s time to take action. It doesn’t all have
to be by force. But, I’m agreeing with you Tim I think that time. It’s not here right now. It’ll be here in 90 days.
Sons Of Liberty – Tim Brown: Yup. ... 53:37-54:30/1:00:06 https://www.bitchute.com/video/fdiwT5swUqzy/ Taking It To The Tyrants Of Minnesota - Guest - Keith Haskell Watch % buffered 12:19 20:08 124 6 4 First published at 15:12 UTC
on December 28th, 2021. #sonsofliberty #vaccinehoax #medicaltyranny channel image SonsOfLiberty1776AD Sons


FYI: Keith Haskell, an investigator with the National Action Task Force (NATF), https://national-taskforce.org/about-us who has been working to assist Hanson throughout the process, told The Minnesota Sun that he wants to see the judge removed and the city attorney who handled the case disbarred, due to the alleged misconduct outlined in the writ of habeas corpus. NATF is a national group made up of investigators that “work in concert with local and federal authorities when and where it is appropriate.”EXCLUSIVE: Lisa Hanson Files Writ of Habeas Corpus with United States District Court of Minnesota December 15, 2021 Hayley Feland hayley@volente.biz
https://theminnesotasun.com/2021/12/15/exclusive-lisa-hanson-files-writ-of-habeas-corpus-with-united-states-district-court-of-minnesota/

FYI: An individual identified as Richard Martin attempted to appear by teleconference and represent Defendant. Mr. Martin would not provide the Court with a verification of his Minnesota attorney registration number to confirm he is authorized to practice law in the state of Minnesota. The Court attempted to ask Mr. Martin if he was a licensed attorney in the state of Minnesota. Mr. Martin refused to answer the Court’s questions. Instead, Mr. Martin asked the Court if it wanted to go down that path. Because Mr. Martin refused to answer the question, the Court delegated Mr. Martin an observer for the hearing. As an observer, Mr. Martin’s microphone was muted and he was not permitted to speak during the proceeding. Order For Contempt BY THE COURT: Dated: 10 January 2021 Ross L. Leuning Judge of District Court State of Minnesota, by its Attorney General, Keith Ellison, Plaintiff, vs. MLH Enterprises L.L.C. d/b/a The Interchange Wine & Coffee Bistro, Defendant. File No. 24-CV-20-1788

FYI: THE COURT: All right. Well, it seems like it is diminished. We'll press on. And so I have called the case. Ms. Hanson, I did not ask: Are you represented by counsel?
MS. HANSON: I am represented by assistance of counsel.
THE ZOOM HOST: If I could, I could try to move Ms. Hanson into a breakout room to fix her audio.
THE COURT: All right. We're going to go off the record.
(Whereupon, at 3:55 p.m., a recess was taken, after which, at 4:02 p.m., the following proceedings were had:)
THE COURT: We'll go back on the record. And, Ms. Hanson, when we were interrupted with the
communication issues, I asked if you were represented by counsel. Are you represented by counsel?
MS. HANSON: I am represented by assistance of counsel.
MS. HANSON: I am represented by Richard Martin, my lawyer.
THE COURT: All right. Mr. Martin, are you there? And for our host –
THE ZOOM HOST: I have asked him to unmute.
THE COURT: Okay.
MR. MARTIN: Okay. I've lost -- tell me -- I got you on audio, but I don't have you on visual currently. This is Rick Martin of the Constitutional Law Group. And I am acting only as assistance of counsel.
THE COURT: So, Mr. Martin, by that, what do you mean?
MR. MARTIN: Under the Sixth Amendment, her rights are protected. She chooses her assistance of counsel, and I am currently acting of as assistance of counsel. That is my only capacity.
THE COURT: Mr. Martin, are you a licensed attorney in the State of Minnesota?
MR. MARTIN: Let me ask you this question before we go any further: Do you want to pursue that?
THE COURT: Yes, I do. Are you a licensed –
MR. MARTIN: You really do?
THE COURT: -- attorney in the State of Minnesota?
MR. MARTIN: I'm going to ask you the question --
THE COURT: All right. Our host can mute him.
MR. MARTIN: Listen. I've got to ask for clarity: So that we are clear –
THE ZOOM HOST: That was your wish, Your Honor, to mute him; correct? It was hard to hear.
THE COURT: That is correct, yes.
THE ZOOM HOST: Okay.
THE COURT: So, Ms. Hanson, Mr. Martin is not a licensed attorney in the State of Minnesota; he is not authorized to practice law in this court; he has not filed any motion to appear pro hoc vice. No attorney in the state has made that motion and represented that they will assist him in
this proceeding. And, because of that, I can't allow him to be your attorney. I can certainly allow him to continue to observe the proceedings as any member of the public does. Do you understand?
MS. HANSON: No, I don't understand.
THE COURT: Well, the State of Minnesota does not allow anyone to practice law unless they are a licensed attorney within the state. He is not, so he cannot practice in this court. It is that simple.
(Whereupon, an unidentified third party spoke to the defendant off the record.)
THE COURT: Are you ready to proceed?
MS. HANSON: I'm sorry. No, sir. I am not ready to proceed. Can I have a moment to look at my notes?
THE COURT: You certainly may.
MS. HANSON: Thank you.
THE COURT: Ms. Hanson, the question before you is: Are you ready to proceed? It is time to answer the question. You've had enough time to look at your notes. And, for our host, let's unmute Ms. Hanson.
THE ZOOM HOST: I have made the request, sir.
THE COURT: Okay.
MS. HANSON: Can you hear me now?
THE COURT: We can, yes.
MS. HANSON: I'm not ready to proceed, sir. Can you provide me with a copy of your license and your bond to practice law in the State of Minnesota? That would be a question for both the judge and the
prosecutor.
THE COURT: Ma'am, we are not going to do that; we don't have to do that. We are going to proceed. Is there anything else you'd like to address?
MS. HANSON: I'm asking if you can provide me with a copy of your license and your bond to practice law in the State of Minnesota.
THE COURT: And I answered that, "No," ma'am. We're not going to do that; we're going to proceed with this case. (Whereupon, an unidentified third party spoke to the defendant off the record.)
MS. HANSON: I'm sorry?
THE COURT: All right. With that, then, we will proceed. Ms. Hanson will be representing herself and her business, and the moving party is the State of Minnesota. … Page 9-13 State of Minnesota, by its Attorney General, Keith Ellison, Plaintiff, vs. MLH Enterprises L.L.C. d/b/a The Interchange Wine & Coffee Bistro, Defendant. Motion Hearing Court File No. 24-Cv-20-1788 The above-entitled matter came on for hearing via Zoom before the Honorable Ross L. Leuning, Judge of District Court, at the Freeborn County Government Center, Courtroom No. 2, City of Albert Lea, County Of Freeborn, State Of Minnesota, at 3:45 P.M. on January 8, 2021. 24-Cv-20-1788 Filed In District Court State Of Minnesota 1/26/2021 4:09 Pm State Of Minnesota In District Court County of Freeborn Third Judicial District Civil Division


FYI:  Keith Haskell: Alternative demand for redress. Hey I like choice. I like alternatives. Don’t you? I like choice. That’s what an alternative is. I have an alternative for you. And it’s not wear the mask or go home. Cease and desist with enforcement of wearing a face mask as a condition upon which to enter this public place. And provide notice to the claimant of this decision. In other words you got to tell me you’re going to quit doing it. Now folks that is just one alternative demand for redress of grievances. Let’s talk about some more that have been used in the state of Minnesota successfully. Does anybody know there are nine school board . I’m sorry nine superintendents of schools that have already resigned in the state of Minnesota this year?
Videographer: They’re not telling us that.
Keith Haskell: Oh yeah.
Videographer: Yeah. 36:37-37:22/1:10:41 https://www.youtube.com/watch?v=RUehmPUsoVU TAKE BACK THE SCHOOL BOARDS! Keith Haskell. 44 views Feb 24, 2022 4 Dislike Share Save Wes Lund


FYI: Keith Haskell: I don’t need you pushing me out front and making me a sacrificial lamb. I don’t need you taking a Brian Brotner and Elena or or even a Wes Lund and saying “Hey look at all this information I have for you. You should go scream at them.” No. That is not what we need. Listen I’m dumb enough. I’m going to volunteer to be in the front. I don’t need your help.
Videographer: (Laughs)
Keith Haskell: I don’t need your help pushing me there. But, I’ll tell you what. I used to love a good old western. And I was talking with a gentleman today and this just came to me today. I don;t need you behind me. I don’t need me up here talking at the school board podium and have 45 of you or 50 or 60 of you behind me. Or 100 of 140. I need you on my flank. My right and my left. I need it to be like the old westerns with the cowboys looked up out of the valley up on the hill and all they saw was horses and feathers. All the way around. And when uh oh they brought an army and we’re surrounded. Now you don’t all have to have skills. And yes there’s strength in numbers. You don’t have to have the same skills I have. But you do all have skills, I know because you were made by God. And He didn’t leave you empty-handed. He gave you certain talents and skills that I don’t have. But one of them is joint the doggone army. Quit standing behind us. Quit making your neighbor do all the work. There’s people out her fighting at these school boards and city councils do not have children in public schools. Well yeah those are the rabblerousers. And they shouldn’t be there. They don’t have a reason to be there. Listen, we all have a reason to be there. 57:20-59:18/1:10:41 https://www.youtube.com/watch?v=RUehmPUsoVU TAKE BACK THE SCHOOL BOARDS! Keith Haskell. 44 views Feb 24, 2022 4 Dislike Share Save Wes Lund

FYI: Now you serve a late notice because they pay that in sevens days. Instructions again how to pay. And again affidavit of service. All right then you serve notice of default and dishonor. What that means is you are deliberately not answering this and you are now in default. And folks that holds up in court. There are quite a few fun little things you can do after this point. You can go to court. You can file what’s called a les Prudence claim with affidavits and record them in the court recorder’s office. You know what that does? Well about midnight that night or midnight on Friday night at the latest it’s automatic all that information is automatically uploaded. And it usually shows up at places like public notice sections in newspapers. And it goes to companies. Let me see if I get these names right. And if you guys have ever heard of any of them. TransUnion. Equifax. Hmm. I lik that cabin that you’re trying to sell. Can’t sell that with a lien, can you? Oh, you don’t have 250,000? That’s okay. How about that nice boat you just bought. I like the water. See I’m a negotiator. I have the power. You have the power. It’s we the people. We are the government. And we’ve got to stop rolling over and letting people 53:52-55:20/1:10:41 https://www.youtube.com/watch?v=RUehmPUsoVU TAKE BACK THE SCHOOL BOARDS! Keith Haskell. 44 views Feb 24, 2022 4 Dislike Share Save Wes Lund

FYI: Notice of Wrongdoing and Demand for Redress
(Verified)
I, [your in proper capitalization], a [man/woman], hereinafter referenced as “Claimant”, HEREBY NOTICE [name of wrongdoer, in his/her full capacity as a man/woman [acting in agency of XXX] of wrongful conduct against the Claimant and MAKE DEMAND for redress of the wrongdoing in the alternative, make the Offer of Opportunity to dispute the facts, assert any law that would avoid the liability as charged, or dispute the value of the damages as noticed herein.
Wrongdoer is FURTHER NOTICED that he/she has [7, 14, 21] days from the date of receipt of service made by [certified mail or personal service] to either redress the wrongdoing as demanded herein or make dispute of any such fact, or allege claims in avoidance, under penalty of perjury by certified mail addressed to the Claimant at : [address].
In absent of said dispute or assertion of claim(s) in avoidance to the liability as charged and made in the manner and services so specified, it will be established that no dispute exists and that the Claimant is entitled to the redress of wrongdoing upon the actions(s) of trespass on the case according to the DEMAND made herein and will be deemed as tacit admission to the wrongdoing in fact and tacit agreement with the value established for redress of the wrongdoing – having no authority upon which to avoid the liability as charged – and will estop Wrongdoer from asserting any legal rights thereafter. Any dispute of fact shall be put before a trial by jury tribunal.
Upon reasonable belief, Wrongdoer is not licensed to practice medicine in [your state].
Wrongdoer made no claim to have medical knowledge.
Claimant gave notice to Wrongdoer that she did not consent to the wearing of a face mask.
Wrongdoer made assertions that he/she could interfere with the liberty and freedom of the medical choice of the Claimant in conspiracy with other unknown people as a matter of a policy of [policy maker].
Medical device. Any article or healthcare product intended for use in the diagnosis of disease or condition, or for the use in the care, treatment or prevention of disease, which does not achieve any of its primary intended purpose by chemical actions or by being metabolized.
Duty
Wrongdoer has a duty as a man/woman under common law to not commit a trespass against another man or woman.
First Cause of Action: Intentional Trespass on the case (trespass ab initio) against Wrongdoer for interference with the liberty and medical choice of the Claimant in his/her decision to not wear a face mask in the conduct of Claimant’s private matter in a premise open to the public.
Paragraphs 1 through 14 incorporated here by reference as fully stated.
DEMAND FOR REDRESS
WHEREFORE: Because of the truthfulness of the foregoing cause of action and the facts in support thereof, the Claimant makes DEMAND for MONEY DAMAGES against Wrongdoer as according to the following demand:
Considering that the trespass was intentional and a violation of constitutionally protected common law rights of personal liberty and medical choice and Wrongdoer’s willful and contemptuous disregard, Special or Punitive Damage in the amount of $250,000 as the punitive value Congress has established with respect to any two or more person who who conspire to injure any person in any State in the free exercise or enjoyment or any right or privilege secured to him by the Constitution or laws of the United States – They shall be fined as not to exceed $250,000 under 18 U.S.C. § 241 and 18 U.S.C § 3571(b).
ALTERNATIVE DEMAND FOR REDRESS
CEASE AND DESIST with the enforcement of wearing a face mask as a condition upon which to enter [public place] and provide notice to the Claimant of the cessation.
Verification
I declare under penalty of perjury under the laws of the state of [your state] that the foregoing is true, correct, and made in good faith upon my knowledge and belief and will testify to the same in court if called to do so.
Executed on this _________ day of [month], 2022
by: ____________________________

https://www.youtube.com/watch?v=RUehmPUsoVU TAKE BACK THE SCHOOL BOARDS! Keith Haskell. 44 views Feb 24, 2022 4 Dislike Share Save Wes Lund

More to come ...

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Friday, April 15, 2022

Part Two Of Candi Lemarr: A Fool And Their Money & Horses Are Soon Parted? (Lemarr Turned Down Nemmers' Winning Sage Advice, Didn't She?) Will Or Won't Subject Of Data Candi Lemarr Authorize Release Of Body Camera Video For State of Minnesota vs Candi Jolene Lemarr Case Number 08-CR-21-272? FYI: Lemarr's Angry/Embarrassed Attorney Says "No" After Nemmers Mentions The Fact That Lemarr Was Determined To Be "Not A Credible Witness"?

Note: Has everyone been waiting for Candi Lemarr's response to whether or not she will authorize Brown County to release the body camera video for State of Minnesota vs Candi Jolene Lemarr Case Number 08-CR-21-272 to me? Did you know that I just sent a second email today? Maybe I shouldn't have mentioned in the email that Candi Lemarr was determined to be not a credible witness? That wouldn't be any fun if I left that damning part out, would it? So guess who responded? Did you guess Lemarr's apparently very angry and very embarrassed attorney?

_____________________________________________________________________________

from: Lion News lionnews00@gmail.com
to: katie@grosheklaw.com,
James Kuettner jim@jklawmn.com,
fbusch@nujournal.com,
gorear@nujournal.com,
Jeremy.reed@co.brown.mn.us,
cpeterson@nujournal.com,
Jason Seidl Jason.Seidl@co.brown.mn.us
date: Apr 15, 2022, 10:31 AM
subject: Will Or Won't Subject Of Data Candi Lemarr Authorize Release Of Body Camera Video For State of Minnesota vs Candi Jolene Lemarr Case Number 08-CR-21-272?
mailed-by: gmail.com

Katherine Claffey, lead attorney for Candi Lemarr 612-827-3833:

Is your falsely accused client, Candi Lemarr, subject of the data, going to have a problem with authorizing Brown County to release the body camera video for State of Minnesota vs Candi Jolene Lemarr Case Number 08-CR-21-272 to me? Plus, doesn't your client's reputation need some rehabilitation? Your client was found by the court to be a "not credible" witness, right? Wouldn't releasing the videos help to repair Lemarr's damaged reputation? And, isn't it also true that Lemarr's credibility was damaged, in part, because your co-counsel failed to either ask for sanctions against Brown County Attorney Chuck Hanson (The convicted thief, right?) and/or failed to ask for the Evidentiary hearing for Case No. CV-20-978 Candi Lemarr vs. Brown County to be continued? Aren't asking for sanctions and asking for a continuance the things that a competent attorney would do when the prosecutor illegally withholds and/or delays the defendant's evidence for an evidentiary hearing? Hmm? Inquiring minds want to know, don't they?

Terry Dean, Nemmers 320-283-5713
P.S. Did you see the video that Mahnomen County Sheriff Josh Guenther released to the public to dispell the attemted murder rumors? Funny, Brown County Sheriff Jason Seidl didn't think to volunteer to release the Lemarr videos to dispel all those Lemarr rumors, isn't it?


"I think now that the facts have been released, it might change some people's minds, and they might have a different feeling about this whole situation," Guenther told MPR News on Thursday. Mahnomen County authorities release dashcam video of shooting after pursuit MPR News Staff April 14, 2022 1:35 PM https://www.mprnews.org/story/2022/04/14/authorities-release-dashcam-video-of-shooting-after-pursuit-in-mahnomen-county

https://www.facebook.com/MahnomenCountySheriffsOffice/videos/3102661763382534 Mahnomen County Sheriff's Office April 13 at 2:59 PM · WARNING: GRAPHIC CONTENT Sheriff’s Statement April 13, 2022 The provided video shows a portion of the officer involved shooting that occurred in Mahnomen County on March 13th, 2022 involving Deputy Dakota Czerny and Shequoya Deanne Basswood, age 20, of Mahnomen. The purpose of releasing this segment of video is transparency. There is a narrative being pushed through social media from a coalition out of the Twin Cities area stating that Deputy Czerny attempted to murder Basswood. This coalition has created a “Wanted” poster regarding Deputy Czerny, which raises serious questions about Deputy Czerny’s safety. The intent of releasing this video is to make the public aware of the facts. On March 13th at approximately 1:37 a.m. Deputy Czerny

Consider the typical jury trial. For an innocent defendant, even a not guilty verdict is a loss. Although the innocent defendant has “won,” she has undergone arrest and (at least minimal) incarceration, spent money on premiums paid to bail bondsman, spent more money hiring a lawyer, withstood the inevitable public censure and suspicion, undergone the roller coaster ride of emotion during the protracted litigation, and will ever after suffer a stain on her reputation. For the innocent defendant, “not guilty” is a smaller loss than “guilty as charged,” but it is a loss nonetheless. For a guilty defendant, even a guilty verdict and a prison sentence can be a win. More than one guilty defendant facing a draconian sentence has celebrated when she was convicted of a lesser crime and sentenced to the maximum for a minor felony. George R. Dekle, Sr, Prosecution Principles: A Clinical Handbook (Thompson/West:2007), Page 65.

Q Investigator Reed, if someone is posting online regarding what happened on November 23rd, 2020, were there eight deputies out at Sapphire Farms on November 23rd, 2020?
MR. KUETTNER: Objection to the -- sorry, Your Honor. Objection to the relevance. The first half of this question, whether or not somebody posting online, whatever they're posting has nothing to do with what happened on November 23.
THE COURT: I agree. I don't know what has been posted online. Obviously, we were focused here on what did happen and not on rumors or speculation or guesses online, so I will sustain the objection to the first part of the question. Page 146-147. Evidentiary Hearing - Volume III Day 3 of 3 Pages 111-172 Evidentiary Hearing File No. CV-20-978 Candi Lemarr vs. Brown County. Q: Andrea Liester, Assistant Brown County Attorney, Q: James Kuettner, Attorney for Defendant

My client did not see the video, itself, until this morning. We did not have time to review the video in total together because the video was disclosed to me yesterday morning, after I had told the State that I would be making a site visit out to my client's farm place. My client's farm place is an hour from my office, so one hour out, one hour back. We spent some time there. It turns out that the State decided not to pursue what they were initially pursuing, so the event might have been viewed or might be viewed as a waste of my time. I didn't arrive back to my office until 1:15. At that point, I had lunch and started to review the videos. I again shared them, parts of them, with my client this morning. She has not seen all of the videos yet, but I did share with her parts of those videos. She has told me that she has, essentially, gone social media blackout and/or silent. I have no control, nor do I have any duty to control third parties, so whatever they do on social media, I have nothing to do with it. I have advised them generally not to say or do anything, anybody that I have met, not to say or do anything or talk about this case outside of the case, itself, but I hope that Ms. Lieser's stated concerns from earlier in this hearing are assuaged by my statements here. Page 77-78. Evidentiary Hearing - Volume I Day 1 of 3 Pages 1-81. Evidentiary Hearing File No. CV-20-978 Candi Lemarr vs. Brown County. Q: James Kuettner, Attorney for Defendant

ORDER 1. The motion for a new trial or amended findings is DENIED. 2. The attached Memorandum is incorporated herein. DATED: February 12, 2021 Digitally signed by Docherty Robert (Judge) Date: 2021.02.12 Robert A. Docherty Judge of District Court ... Finally, Plaintiff argues her credibility; the Court sees no reason to change its conclusion that she was not a credible witness. For these reasons, the Plaintiff’s post-trial motion is denied. RAD Order & Memorandum Case Number: 08-CV-20-978 Case Title: Candi Lemarr vs Brown County

23. Plaintiff’s therapist, Sandra Walsh, testified about her contacts with Plaintiff. When Plaintiff is under great stress, she dissociates, which Ms. Walsh described as avoiding eye contact; staring into space; and, in therapy sessions, perseveration of thoughts. In dissociation, Plaintiff may appear calm or may break down; she may have shifty eye movements and may appear dishonest.
24. Ms. Walsh was not at Plaintiff’ s farm on November 23, 2020, and she did not testify to any observations of Plaintiff on that date.
25. During her contact with Investigator Reed, Plaintiff did not say that she did not understand what he was saying or that she was confused. She did not stare into space or break down, and she maintained attention throughout her contact.
26. Neither the Plaintiff nor her son expressed any concerns about her mental health on November 23, 2020. … The actions of Investigator Reed in this case do not amount to duress. Plaintiff had the option of allowing the animals to be removed involuntarily and demanding a court hearing. There is no indication that Plaintiff was suffering from dissociation during her contact with Investigator Reed; she spoke clearly and lucidly and asked relevant questions. Plaintiff was allowed to consult with her son and was free to leave the property and did so. Contrary to her testimony that Investigator Reed isolated her in his vehicle, her son spoke to her through an open window. Plaintiff volunteered to allow Mini-Bit and the three donkeys to be taken. She discussed with the veterinarian which animals could go and which she would keep; her decisions were rationally focused on keeping the animals that would allow her to continue to offer riding lessons and releasing the animals that were not income producers. Based upon the foregoing Findings of Fact and Conclusions of Law, the Court makes the following:
ORDER 1. Plaintiff s request for an evidentiary hearing on the seizure of the animals is DENIED. DATED: January 19, 2021 Digitally signed by Docherty Robert (Judge) Date: 2021.01.19. Findings Of Fact, Conclusions Of Law & Order. Case Number: 08-CV-20-978 Case Title: Candi Lemarr vs Brown County

_____________________________________________________________________________

from: Claffey, Katie katie@grosheklaw.com
to: Lion News lionnews00@gmail.com,
"jim@jklawmn.com" jim@jklawmn.com
date: Apr 15, 2022, 12:39 PM
subject: Re: Will Or Won't Subject Of Data Candi Lemarr Authorize Release Of Body Camera Video For State of Minnesota vs Candi Jolene Lemarr Case Number 08-CR-21-272?
mailed-by: grosheklaw.com
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: Important mainly because it was sent directly to you.

Mr. Dean-Nemmers,
 
Ms. Lemarr is not releasing her file to anyone. Thank you for your interest in this case. I hope this resolves all your questions. Thank you.
 
Respectfully,
 
Katie Claffey, Esq.
signature_55505470
302 North 10th Avenue Minneapolis, MN 55401
Phone: (612) 827-3833 Fax: (612) 294-2565
www.grosheklaw.com
 
 
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More to come ...

Related Links:

Candi Lemarr: A Fool And Their Money & Horses Are Soon Parted? (Lemarr Turned Down Nemmers' Winning Sage Advice, Didn't She?) Will Or Won't Subject Of Data Candi Lemarr Authorize Release Of Body Camera Video For State of Minnesota vs Candi Jolene Lemarr Case Number 08-CR-21-272? FYI: So Far Crickets From Lemarr's Attorneys, Right?

Who Wants To Toss Another Batch Of Monkey Wrenches Into Rigged Case No. 08-CR-21-272 State Of Minnesota Vs Candi Jolene Lemarr? Chapter 13 Data Request For Candi Lemarr Related Data? Rogue Nonprofits (Minnesota Federated Humane Societies & Minnesota Hooved Animal Rescue, Right?) Involved In Rigged Investigation Willfully Refuse To Cough Up Form 990's? Trained Observers Can't See Surveillance Video? Witness Friesen's Middle Finger? Vets Not Asked About All Possible Diagnostic Tests On Stand?

How About We Tell The New Ulm Journal About The Hostile Response Nemmers Received From The The MN Board of Veterinary Medicine? The Data From The Rigged Cases (13-CR-19-1031 State Of Minnesota Vs Carmen Marie Burth & 08-CR-21-272 State Of Minnesota Vs Candi Jolene Lemarr) Made Executive Director Julia H. Wilson, DVM Hostile, Right? Where Oh Where Is That Brown County Data, Huh?

How About We Toss A Monkey Wrench Into The High-Profile Animal Cruelty Cases Of Candi Lemarr And Carmen Marie Burth? It's Rigged Case Nos. 13-CR-19-1031 State Of Minnesota Vs Carmen Marie Burth & 08-CR-21-272 State Of Minnesota Vs Candi Jolene Lemarr, Isn't It? Let's Request Some Data From The MN Board of Veterinary Medicine, Shall We? Do You Want To See The Ridiculous Response From Executive Director Julia H. Wilson, DVM?

Who Wants To Toss A Monkey Wrench Into The High-Profile Candi Lemarr Animal Cruelty Case? It's Rigged Case No. 08-CR-21-272 State Of Minnesota Vs Candi Jolene Lemarr, Isn't It? Chapter 13 Data Request For Candi Lemarr Related Data – Why Is The Convicted Thief Brown County Attorney Chuck Hanson Harassing Nemmers?

Nemmers Asks The Brown Co. Commissioners: "Have You Or Haven't You Watched The Damning Video Of Your Corrupt Brown Co. Attorney Charles “The Thief” Hanson Falsely Accusing Nemmers Of Harassment?" Why Oh Why Is “The Thief” Hanson Retaliating Against Nemmers? Did You Know That Nemmers Was Looking Into How “The Thief” Hanson Was Hired As A Law Enforcement Officer AKA Assistant Watonwan Co. Attorney When “The Thief” Hanson Had Prior Theft Convictions? And Nemmers Tossed A Huge Monkey Wrench Into The High-Profile Case No. 08-CV-20-978 Candi Lemarr Vs Brown County, Didn't He? Sounds Like A Motive To Threaten & To Harass Nemmers, Doesn't It? 

Who Wants To Toss A Monkey Wrench Into Case No. 13-CR-19-1031 State Of Minnesota Vs Carmen Marie Burth? North Branch Chief Of Police Daniel Meyer, Assistant Chisago County Attorney Kathryn Jean Kelly And Chisago County Attorney Janet Reiter Are Trying Burth's Case In The Court Of Public Opinion, Aren't They? Animal Humane Society's Pistol Packing Humane Agent Keith Streff And Anoka Equine Veterinary Services Dr. Zach Loppnow Are Aiding & Abetting In The Conspiracy, Aren't They? You Want To See How Nonprofits Conspire With LEO To Steal Your Horses?

Transcripts For Case No 46-CV-19-1224 Goldmount Veterinary Center PA Vs Watonwan Co Animal Humane Society Not On The Register Of Actions But Hidden In Affidavit In Support Of The AHS’s Motion For A New Trial Or In The Alternative Remittitur? You Want To Read The Transcripts For The Testimony Of Pistol Packing AHS Humane Agent Keith Streff, Don't You? Did Anyone Ask Streff On The Witness Stand Why He Wasn't Trying To Impersonate A Peace Officer During The Trial? FYI: Did You Know That Streff Was Forced To Wear "Street Clothes" As A Result Of Nemmers' Complaint?

Let's Ask Joseph A. Gangi, Attorney for Michael Johnson, If Johnson Plans On Reporting Pistol Packing AHS Agent Keith Streff To LEO For Impersonating A Peace Officer, Shall We? Armed Minnesota Animal Humane Society Humane Agent Keith Streff Wearing A Pistol In Case No 83-CR-18-513 State Of Minnesota Vs Michael Charles Johnson? A Monkey Wrench For Case No. 46-CV-19-1224 Goldmount Vs Watonwan Co And AHS?

Let's Ask Martin County Sheriff Markquart If Armed Minnesota Animal Humane Society Humane Agent Keith Streff Will Be Allowed To Impersonate A Peace Officer In His Jurisdiction, Shall We? Hey How About We Ask Watonwan County Sheriff Bergeman Why The Pistol Packing Streff Was Allowed To Impersonate A Peace Officer In His Jurisdiction? Will Streff Get Permission To Influence the Jury With His Pistol In The June 28, 2021 Through July 2, 2021 Trial for Court File 46-CV-19-1224 Goldmount Veterinary Center, P.A. Vs Watonwan County, Animal Humane Society?

Armed Minnesota Animal Humane Society Humane Agent Keith Streff Wearing A Firearm In Case No. 83-CR-18-513 State Of Minnesota Vs Michael Charles Johnson? Will AHS Agent Streff Show Up Armed At June 28‐June 30th, 2021 & July 1– July 2, 2021 Jury Trial for Court File 46-CV-19-1224 Goldmount Veterinary Center, P.A. Vs Watonwan County, Animal Humane Society? Has Streff Ever Been Accused Of Impersonating An Officer? Let's Ask AHS Attorney Freitag, Okay? Should We Tell The St. James Plaindealer & The Martin County Star Editors About Watonwan Co. Attorney Lindee's Illegal Withholding Of Public Data? Lindee Knows That The Chapter 13 Data Will Toss A Monkey Wrench Into 46-CV-19-1224, Doesn't He

Monday, April 11, 2022

Nemmers Files Criminal Complaint Against 2022 Superintendent Of The Year Corrupt ISD 241 Superintendent Mike Funk? Corrupt Albert Lea Public Safety Director JD Carlson Acknowledges Receipt Of Nemmers' Complaint On 04-04-22? Did Nemmers Toss A Monkey Wrench Into Funk's Attempt To "Golden Parachute" Out Of Corrupt Freeborn County?

04-04-22

JD Carlson, Director of Public Safety 04-04-22 411 S. Broadway Albert Lea, MN 56007 507-377-5665

Emailed to: jcarlson@ci.albertlea.mn.us, kmartinez@ci.albertlea.mn.us, sarah.stultz@albertleatribune.com, neal.skaar@alschools.org, kim.nelson@alschools.org, judy.keliher@isd194.org, terry.lind@isd194.org, michael.baumann@isd194.org, shermana@stillwaterschools.org, hockertk@stillwaterschools.org, lansfeldtm@stillwaterschools.org, director@albertlea.org

This is my formal criminal complaint 1,2 against ISD 241 Superintendent Mike Funk and ISD 241 Executive Director of Administrative Services Kathy Niebuhr for attempting to defraud me out of $819.62 for readily available 3,4 , free 5 , electronic 6,7 , public, ISD 241 data 8,9,10 .

I have reason to suspect that I have clear, precise and unquestionable evidence of both Funk and Niebuhr willfully refusing to perform known mandatory 11 , nondiscretionary, ministerial duties of ISD 241 employment. And those duties are to either timely provide me with the readily available, free, electronic, public ISD 241 data that I requested in my Chapter 13 Data Requests or to provide me with sufficient documentation to explain 12,13,14,15,15,16 and justify 17 their fraudulent bill of $819.62. The evidence is incorporated into this complaint as Exhibits A through R.

Prior to Funk’s fraudulent bill of $819.62 I was being harassed by Niebuhr over a Trespass Notice issued to a Christopher Penrod. See Exhibit D. Niebuhr knowingly, intentionally and maliciously redacted public information on the Trepass Notice issued to Penrod. After I confronted Funk over the misuse of public resources and the criminal misconduct by Niebuhr, then Funk retaliated against with the 01-07-22 fraudulent bill of $819.62. I immediately became suspicious of the fraudulent and retaliatory bill.

First of all, it is a matter of the public record that ISD 241 went paperless prior to 10-25-14. Second, Page 1 of 8


my Chapter 13 Data Request asked for electronic data and not paper copies. Which means that all Funk or Niebuhr had to do was simply attach my electronic ISD 241 data onto an email and hit the send button. It was a thirty (30) second project. It also means that I did not agree to have either Funk or Niebuhr print off electronic ISD 421 data from their computer severs or their iCloud accounts onto pieces of paper. Nor did I agree to having either Funk or Niebuhr scan those recently printed pieces of paper back into the ISD 241’s computers so they could email them to me. I did not agree to any of this time-wasting, resources-wasting, data-creating 18,19, harassment scheme 20,21,22,23,24,25 by either Funk or Niebuhr. Which explains why neither Funk and Niebuhr wanted to sign their name to a Minnesota Government Data Practices Act (MGDPA) Cost Calculator. In fact, neither Funk or Niebuhr wanted to provide me with a blank of ISD 241’s MGDPA Cost Calculator.

The only so-called evidence or documentation that Funk did provide me with to allegedly explain and justify the fraudulent $819.62 was the ridiculous picture on the previous page of this complaint. See Exhibit K. The ridiculous picture of a stack of paper was an insult to my intelligence 26 and a huge waste of my valuable time. The ridiculous picture was clearly intended to harass and intimidate me so I would stop asking for readily available, free, electronic, public, ISD 241 data.

Apparently Funk and Niebuhr had “lawyered up” after I have provided them with clear, precise and unquestionable, evidence that they had failed to provided me with sufficient documentation to explain and justify their fraudulent bill of $819.62. So I decided to continue with my education program. Exhibit C is an example of me educating the City of Albert Lea on Funk’s willful refusal to comply with the MGDPA. Exhibit O is me educating Albert Lea Tribune Managing Editor Sarah Stultz and Albert Lea- Freeborn County Chamber of Commerce, Executive Director Shari Jenson and Director Beau Hartman on Funk’s criminal misconduct. I was also educating a number of Freeborn County’s elected officials about Funk. Apparently my education program spurred Funk into the decision to “Golden Parachute” out of ISD 241. I came to this logical conclusion because I started seeing public notices that Funk had applied at both ISD 194 and ISD 843 for superintendent jobs.

I thought it was important for me to educate both ISD 194 and ISD 843 on the fact that Funk 27 was a common criminal who willfully refused to comply with the MGDPA. It would seem that my Chapter 13 Data Request to ISD 194 Superintendent Michael Baumann helped to toss a monkey wrench into Funk’s plan to “Golden Parachute” to ISD 194. See Exhibit P. It would also seem that ISD 194 Superintendent Michael Baumann was not happy about my education program. I came to that logical conclusion based on the fact that Baumann willfully refused to respond 29 to my time-sensitive Chapter 13 Data Request. Baumann knows or should know that willfully refusing to respond to my time- sensitive Chapter 13 Data Request is a violation of the MGDPA.

I have reason to suspect that ISD 843 Superintendent Malinda Lansfeldt is also very upset that I dared to submit my time-sensitive Chapter 13 Data Request. See Exhibit Q and Exhibit R. I came to this logical conclusion because Lansfeldt has willfully refused to timely provide me with my readily available, free, electronic, public, ISD 241 data that I requested in my time-sensitive Chapter 13 Data Request. Lansfeldt knows or should know that willfully refusing to provide me with my readily available, free, electronic, public ISD 843 data that I requested in my time-sensitive Chapter 13 Data Request is a violation of the MGDPA. I have reason to suspect that both Baumann and Lansfeldt have some sort of “honor amongst thieves” thing going on with Funk.

_____________________________________________________ Terry Dean, Nemmers 320-283-5713 20179 County Rd 28 lionnews00@gmail.com Glenwood, MN 556334 Page 2 of 8

 



Footnotes

1. Most Likely Suspect Remember that when circumstantial evidence or especially physical evidence points toward a particular person, that person is usually the one who committed the offense. Inbau, Fred E., Reid, John E., Buckley Joseph P., Jayne, Brian C. Essentials of the Reid Technique: Criminal Interrogation and Confessions. Page 16.

2. As the foregoing case demonstrates, no one should be eliminated from suspicion because of professional status, social status, or any other comparable consideration when there exists strong circumstantial evidence of guilt. Inbau, Fred E., Reid, John E., Buckley Joseph P., Jayne, Brian C. Essentials of the Reid Technique: Criminal Interrogation and Confessions. Page 16-17.

3. 13.03 Access To Government Data. Subdivision 1. Public data. All government data collected, created, received, maintained or disseminated by a government entity shall be public unless classified by statute, or temporary classification pursuant to section 13.06, or federal law, as nonpublic or protected nonpublic, or with respect to data on individuals, as private or confidential. The responsible authority in every government entity shall keep records containing government data in such an arrangement and condition as to make them easily accessible for convenient use. Photographic, photostatic, microphotographic, or microfilmed records shall be considered as accessible for convenient use regardless of the size of such records. https://www.revisor.mn.gov/statutes/cite/13.03

4. A response five weeks later is neither prompt nor reasonable. Although the Department did not provide information about its data practices policies and procedures, in instances like this one, those procedures ought to provide for a response within a matter of days, not weeks. Advisory Opinion 95-042. October 31, 1995; Minnesota Department of Children, Families and Learning. October 31, 1995 | Inspection, Response to data requests, Statutory construction (Ch. 645) https://mn.gov/admin/data-practices/opinions/library/?id=36-267796 

5. Copy Costs The Data Practices Act allows, but does not require, government to charge for copies of government data. If the government’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. Data Practices Office – Minnesota Department of Administration https://mn.gov/admin/data-practices/data/rules/copy-costs/ 

6. 13.03 ACCESS TO GOVERNMENT DATA. Subd. 3. Request for access to data. (e) The responsible authority of a government entity that maintains public government data in a computer storage medium shall provide to any person making a request under this section a copy of any public data contained in that medium, in electronic form, if the government entity can reasonably make the copy or have a copy made. This does not require a government entity to provide the data in an electronic format or program that is different from the format or program in which the data are maintained by the government entity. The entity may require the requesting person to pay the actual cost of providing the copy. https://www.revisor.mn.gov/statutes/cite/13.03

7. Copy Costs – Members of the Public – Actual cost - most other copies For copies of other data (more than 100 paper copies, photographs, data on a CD or DVD, data stored electronically, etc.) government may charge the actual cost for an employee to search for and retrieve the data, and to make paper copies or to print copies of electronically stored data. Data Practices Office – Minnesota Department of Administration https://mn.gov/admin/data-practices/data/rules/copy-costs/ 8. PDF A file format that provides an electronic image of text that looks like a printed document, which can be viewed, printed, and electronically transmitted. Page 3 of 8

Scanned PDF A file created by scanning a paper original and saving it in the “.pdf” file format. Glossarye File and eServe (eFS) Terms and Definitions eCourtMN Minnesota Judicial Branch skills, tools, and knowledge on our way to a paperless court https://www.mncourts.gov/mncourtsgov/media/scao_library/documents/eFile%20Support/Glossary-eFS-Terms-and-Definitions-Public.pdf 

9. PDF Document Under Rule 14 What’s new with Rule 14? Rule 14 of the General Rules of Practice governs eFiling and eService. Previously, this Rule allowed documents to be eFiled in several different formats. As of September 13, 2013, however, documents are required to “be submitted in searchable PDF format only.” What is “searchable PDF format?” Searchable PDF format allows users to search easily for words or phrases within a document. You achieve this by saving documents you’ve created in Microsoft Word, Excel, etc. as PDFs (see QRG: Creating a Searchable PDF Document). What if my documents aren’t searchable? If you submit a non-searchable document (which is an incorrect format under Rule 14), a judge may not be able to review it efficiently (if at all). Aside from a directive to resubmit your document in the correct format, you may also be subject to sanctions. Fast Facts: eFiling a Searchable eCourtMN Minnesota Judicial Branch skills, tools, and knowledge on our way to a paperless court including, without limitation, costs for staff to convert the document on your behalf. https://mncourts.gov/mncourtsgov/media/scao_library/documents/eFile%20Support/Fast-Facts-eFiling-a-Searchable-PDF-Document-Under-Rule-14.pdf

10. To the Albert Lea school board. Thumbs Down. The school board displays its technology smarts by being paperless and using computers, but yet they can’t figure out how to get on television? Editorial: Tribune thumbs Published 5:30 pm Saturday, October 25, 2014 By Editorial Board https://www.albertleatribune.com/2014/10/editorial-tribune-thumbs-20/

11. 609.43 Misconduct Of Public Officer Or Employee. A public officer or employee who does any of the following, for which no other sentence is specifically provided by law, may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both: (1) intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the office or employment within the time or in the manner required by law; or https://www.revisor.mn.gov/statutes/cite/609.43 

12. 13.03 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. https://www.revisor.mn.gov/statutes/cite/13.03 

13. Advisory Opinion 02-004 February 7, 2002; Hennepin County February 7, 2002 | Commercial value, Copy costs Any fee charged must be clearly demonstrated by the agency to relate to the actual development costs of the information. The responsible authority, upon request of any person, shall provide sufficient documentation to explain and justify the fee being charged. https://mn.gov/admin/data-practices/opinions/library/#/detail/appId/1/id/267664

14. Advisory Opinion 02-011 March 20, 2002; City of St. Paul March 20, 2002 | Commercial value, Copy costs, Legislative authority and intent, Requests for data, Statutory construction (Ch. 645) Any fee charged must be clearly demonstrated by the agency to relate to the actual development costs of the information. The responsible authority, upon request of any person, shall provide sufficient documentation to explain and justify the fee being charged. https://mn.gov/admin/data-practices/opinions/library/#/detail/appId/1/id/267482 

15. Advisory Opinion 03-025 July 31, 2003; Nobles County July 31, 2003 | Commercial value, Copy costs, Requests for data Any fee charged must be clearly demonstrated by the agency to relate to the actual development costs of the information. The responsible authority, upon Page 4 of 8

the request of any person, shall provide sufficient documentation to explain and justify the fee being charged. https://mn.gov/admin/data-practices/opinions/library/#/detail/appId/1/id/267501

16.Advisory Opinion 08-012 May 30, 2008; Carver County May 30, 2008 | Commercial value, Copy costs Any fee charged must be clearly demonstrated by the agency to relate to the actual development costs of the information. The responsible authority, upon request of any person, shall provide sufficient documentation to explain and justify the fee being charged. https://mn.gov/admin/data-practices/opinions/library/#/detail/appId/1/id/267870

17. Advisory Opinion 03-013 May 13, 2003; McLeod County May 13, 2003 | Copy costs, Copy costs Mr. Junge provided to the Commissioner a copy of the McLeod County Fee Schedule. According to that schedule, the County charges $5.00 for a copy of an audiotape of child protection assessments and interviews, and $1.00 per page for a copy of Typed Reports of same. ... According to Mr. Junge, the County includes in its copy cost a charge for employee time to redact confidential data, or other data not accessible to Mr. and Mrs. X. However, according to section 13.04, the County may charge only its actual cost to produce the copies. Chapter 13 does not contain any provision allowing an entity to recover the cost of separating data about the requestor from private or confidential data about other data subjects. Therefore, to the extent that the County's copy charge includes costs for anything beyond the actual costs of making, certifying, and compiling the copies, its charges are not allowable. Government entities may charge their actual costs to produce copies of data on individuals, if they are able to document that those charges are permitted under Chapter 13. Furthermore, the County has not otherwise accounted for its charges and how they relate to the language in section 13.04. The fact that the County Board of Commissioners approved the fee schedule is not, in itself, sufficient to justify that the fees charged are allowable under section 13.04. The County ought to be able to make available specific, accurate data that document the basis of its photocopy charges. The County produced no data that support its copy fee, and thus, did not meet the burden here of establishing its actual and reasonable cost to produce copies of government data. The Commissioner has an additional comment. The fee schedule refers to copies of Typed Reports of child protection assessments and interviews. It is not clear if the County also maintains handwritten notes, or other data about the Xs, and if so, what it charges for copies of such data. According to the information provided, Mr. and Mrs. X asked for copies of all data the County maintains about them, not limited to typed reports. If the County maintains additional data about the Xs, it should make those data available to them without delay. https://mn.gov/admin/data-practices/opinions/library/?id=36-267362

18. The Data Practices Act does not require us to create or collect new data in response to a data request, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request. If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. Minnesota Department of Administration's Model Data Practices Policy For the Public Minnesota Statutes, sections 13.025 and 13.03 require this policy. https://mn.gov/admin/assets/Model%20Access%20Pol%20Public%202019_tcm36-309298.docx

19. The Data Practices Act does not require us to create or collect new data in response to a data request, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request. If we agree to create data in response to your request, we will work with you on the details of your Page 5 of 8


request, including cost and response time. Minnesota Department of Administration's Model Data Practices Policy: Requests for Data About You and Your Rights as a Data Subject Minnesota Statutes, sections 13.025 and 13.03 require this policy. https://mn.gov/admin/assets/Model%20Access%20Pol%20Subject%202018_tcm36-309297_tcm36-309297.docx

19. 319.1.1 Standards Of Conduct For Peace Officers The Albert Lea Department of Public Safety adopts the Professional Conduct of Peace Officers model policy established and published by the Minnesota Board of Peace Officer Standards and Training Board (POST) (Minn. Stat. § 626.8457). This model policy applies to all peace officers of this department. See attachment: MN POST Professional Conduct of Peace Officers Model Policy.pdf The provisions of this policy are in addition to collective bargaining agreements or any other applicable law (see generally Minn. R. 6700.1500). The Department shall report annually to POST any data regarding the investigation and disposition of cases involving alleged misconduct of officers (Minn. Stat. § 626.8457, Subd. 3). ... 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 156, 616.. Policy 319 Standards of Conduct Albert Lea Department of Public Safety Police Department Policy Manual

20. When does criticism become personal attack? And did Loren Martell cross that line during Tuesday's Duluth School Board meeting? Martell, a Red Plan opponent, was escorted from the meeting in handcuffs by a Duluth police officer after refusing board Chairman Tim Grover's order that he leave the podium. Grover said Martell had violated the board's policy against making personal attacks. In an interview on Wednesday, Grover declined to say what he considered to be personal attacks. "You want me to define that? Well, I'm not going to go there," Grover said. "The speakers ... are told that personal attacks will not be tolerated, and if they violate those rules, which the speaker did last night, they're going to be asked to leave the podium." Did speaker at Duluth School Board meeting cross line of civility? By John Lundy October 20, 2010 11:00 PM https://www.duluthnewstribune.com/news/did-speaker-at-duluth-school-board-meeting-cross-line-of-civility

21. Beverly Petrie, ISD 834 Board Chair: And the final thing is this is not a political rally and uh our attorney has just informed us that we have the ability to ban political signs. And so that’s what I am doing. So put your signs down. And if you don’t I will rule you out of order and you’ll be asked to leave. This is a political election. Put your signs down. We have historically not allowed any type of sign within our board meetings. And that’s been past practice. You don’t have the floor. Signs down please. Signs down. You’re not in charge here. Put your signs down please. And you’ll be asked to leave. You know what we’ll address that later. But for right now put your signs down. Actually no we did get a communication from our attorney. So, thank you for that. Please put your signs down or you’ll be asked to leave. Thank you. Okay we’ll go onto the next item on our agenda. Tina Riehle, ISD 834 Director: Please check Beverly Petrie, ISD 834 Board Chair: I don’t think that we have discussion after the board Chair report. Tina Riehle, ISD 834 Director: I have. You have implemented a new rule on our procedure. And I have a question. Beverly Petrie, ISD 834 Board Chair: And what is your question? Tina Riehle, ISD 834 Director: My question is if policy is in place currently of the sign ups and the procedure around open forum how does that impact the change if we already have Page 6 of 8

current policy on the books. Beverly Petrie, ISD 834 Board Chair: In what. What are you referring to exactly? Tina Riehle, ISD 834 Director: What your group. What your policy group is looking at revoking. You know, the sign ups 30 minutes prior, The whole procedure. Beverly Petrie, ISD 834 Board Chair: That’s not really. That’s not contained in policy. Tina Riehle, ISD 834 Director: It is. You you realigned it. Beverly Petrie, ISD 834 Board Chair: Essentially we just we just created a new pro. We created a process that works a little bit better than the online sign up or Tina Riehle, ISD 834 Director: That’s my Beverly Petrie, ISD 834 Board Chair: paper-based sign up. Tina Riehle, ISD 834 Director: In policy don’t you have to change that first before you can implement your new process? Beverly Petrie, ISD 834 Board Chair: You know, I think it was just a couple years ago that that Mike Petaczyk the board chair um reduced the um time to speak from five minute to three minutes. Tina Riehle, ISD 834: Which I denied. I voted against that actually. Beverly Petrie, ISD 834 Board Chair: Well you knw that the board chair does have the authority to make some changes like this and we went to an online sign up and that’s the way we’re going to go forward. 2:00:46-2:03:49/4:4:14:54 Beverly Petrie, ISD 834 Board Chair: Bangs gavel. Okay put the signs down please. Put the signs down please. Put the signs down. Um okay those people with your signs up please leave now. Leave now. And if you don’t I have an officer right behind you. This is trespassing if you don’t leave after you’ve been told to leave. Audience member: What is the statute on that? There isn’t a statute on not having a sign in a public building? .... There is not a statute Beverly Petrie, ISD 834 Board Chair: We are banning it. We are banning signs. 2:44:54- 2:45:28/4:4:14:54 https://www.youtube.com/watch?v=lH3HY0g7o9s School Board Meeting - September 23, 2021 4,946 views Streamed live on Sep 23, 2021 Like Dislike Share Save Stillwater Area Public Schools 20.3K subscribers School Board Meeting - September 23, 2021 Closed Session @ 4:30PM Work Session @ 5:00PM Regular Board Meeting @ 6:00PM

24. Beverly Petrie, ISD 834 Board Chair: Put the signs down and to the side or you will be asked to leave. Bangs gavel. Put the signs to the side please. Those of you with signs please leave the meeting. Melinda, can you ah call the police department, please? Stillwater police officer: So, I can’t take a sign away from somebody. Beverly Petrie, ISD 834 Board Chair: No, I’ve asked I’ve. No I’ve asked them to leave. Stillwater police officer: Okay. So we can’t force them to leave the property. The most we can do here is end the meeting. If there is going to be an issue, then I can’t force them to leave public property. And I can’t take their signs away. Audience: Claps 3:05:04-3:06:16/4:4:14:54 https://www.youtube.com/watch?v=lH3HY0g7o9s School Board Meeting - September 23, 2021 4,946 views Streamed live on Sep 23, 2021 Like Dislike Share Save Stillwater Area Public Schools 20.3K subscribers School Board Meeting - September 23, 2021 Closed Session @ 4:30PM Work Session @ 5:00PM Regular Board Meeting @ 6:00PM 25. The Duluth School Board on Monday unanimously approved a $55,000 settlement with Page 7 of 8

current policy on the books. Beverly Petrie, ISD 834 Board Chair: In what. What are you referring to exactly? Tina Riehle, ISD 834 Director: What your group. What your policy group is looking at revoking. You know, the sign ups 30 minutes prior, The whole procedure. Beverly Petrie, ISD 834 Board Chair: That’s not really. That’s not contained in policy. Tina Riehle, ISD 834 Director: It is. You you realigned it. Beverly Petrie, ISD 834 Board Chair: Essentially we just we just created a new pro. We created a process that works a little bit better than the online sign up or Tina Riehle, ISD 834 Director: That’s my Beverly Petrie, ISD 834 Board Chair: paper-based sign up. Tina Riehle, ISD 834 Director: In policy don’t you have to change that first before you can implement your new process? Beverly Petrie, ISD 834 Board Chair: You know, I think it was just a couple years ago that that Mike Petaczyk the board chair um reduced the um time to speak from five minute to three minutes. Tina Riehle, ISD 834: Which I denied. I voted against that actually. Beverly Petrie, ISD 834 Board Chair: Well you knw that the board chair does have the authority to make some changes like this and we went to an online sign up and that’s the way we’re going to go forward. 2:00:46-2:03:49/4:4:14:54 Beverly Petrie, ISD 834 Board Chair: Bangs gavel. Okay put the signs down please. Put the signs down please. Put the signs down. Um okay those people with your signs up please leave now. Leave now. And if you don’t I have an officer right behind you. This is trespassing if you don’t leave after you’ve been told to leave. Audience member: What is the statute on that? There isn’t a statute on not having a sign in a public building? .... There is not a statute Beverly Petrie, ISD 834 Board Chair: We are banning it. We are banning signs. 2:44:54- 2:45:28/4:4:14:54 https://www.youtube.com/watch?v=lH3HY0g7o9s School Board Meeting - September 23, 2021 4,946 views Streamed live on Sep 23, 2021 Like Dislike Share Save Stillwater Area Public Schools 20.3K subscribers School Board Meeting - September 23, 2021 Closed Session @ 4:30PM Work Session @ 5:00PM Regular Board Meeting @ 6:00PM

24. Beverly Petrie, ISD 834 Board Chair: Put the signs down and to the side or you will be asked to leave. Bangs gavel. Put the signs to the side please. Those of you with signs please leave the meeting. Melinda, can you ah call the police department, please? Stillwater police officer: So, I can’t take a sign away from somebody. Beverly Petrie, ISD 834 Board Chair: No, I’ve asked I’ve. No I’ve asked them to leave. Stillwater police officer: Okay. So we can’t force them to leave the property. The most we can do here is end the meeting. If there is going to be an issue, then I can’t force them to leave public property. And I can’t take their signs away. Audience: Claps 3:05:04-3:06:16/4:4:14:54 https://www.youtube.com/watch?v=lH3HY0g7o9s School Board Meeting - September 23, 2021 4,946 views Streamed live on Sep 23, 2021 Like Dislike Share Save Stillwater Area Public Schools 20.3K subscribers School Board Meeting - September 23, 2021 Closed Session @ 4:30PM Work Session @ 5:00PM Regular Board Meeting @ 6:00PM 25. The Duluth School Board on Monday unanimously approved a $55,000 settlement with Page 7 of 8

former member Art Johnston, ending Johnston's quest for data involving the district's long- range facilities plan and other matters. .... In July, the state's Department of Administration released a nonbinding finding that the district failed to appropriately respond to Johnston's requests. Johnston filed the lawsuit in 6th Judicial Court in August, saying the district still hadn't responded to the requests. Johnston settles with Duluth School Board By John Lundy January 14, 2019 08:45 PM https://www.duluthnewstribune.com/news/johnston-settles-with-duluth-school-board

26. Behold, I send you forth as sheep in the midst of wolves: be ye therefore wise as serpents, and harmless as doves. Matthew 10:16

27. Dr. Michael Funk is the 2022 Minnesota Superintendent of the Year (St. Paul, MN) – The Minnesota Association of School Administrators (MASA) has named Dr. Michael Funk, Superintendent of Albert Lea Area Schools the 2022 Minnesota Superintendent of the Year. As the Minnesota honoree, Dr. Funk is a candidate among other state recipients for National Superintendent of the Year, to be announced during the American Association of School Administrators (AASA) National Conference on Education on February 17-19, 2022, in Nashville, TN. Dr. Funk was selected for this honor by a panel of representatives from a variety of Minnesota education organizations. Nominees are evaluated on how each candidate demonstrates leadership for learning, communication skills, professionalism, and community involvement. https://www.mnasa.org/supt-of-the-year.html

28. Doug Van Zyl, superintendent at St. Joseph School District in St. Joseph, MO, has been selected as the next superintendent at Lakeville Area Schools. Van Zyl was selected over Albert Lea Area Schools Superintendent Mike Funk, the other finalist for the position. Lakeville Schools hires Zyl over Funk for superintendent Published 8:39 am Wednesday, March 16, 2022 By alexguerrero https://www.albertleatribune.com/2022/03/lakeville-schools-hires-zyl-over-funk-for-superintendent/

29. Government entities should respond in one of three ways 1. Provide access to the data (and copies when requested) 2. Inform you the data are classified as not public (must give statute section) 3. Inform you the data do not exist • Not responding is not a proper response. Minnesota Department of Administration - Information Policy Analysis Division - Can I ask for that? Government Data Practices Minnesota Statutes, Chapter 13 page 12.

30. A former principal from Omaha, Neb., the superintendent of Albert Lea Public Schools and the Prior Lake High School principal are among the seven finalists to be superintendent in Stillwater. The finalists are: ... Mike Funk, superintendent of Albert Lea Area Schools. Stillwater school board chooses superintendent finalists By Mary Divine | mdivine@pioneerpress.com | Pioneer Press March 27, 2022 at 6:32 p.m. https://www.twincities.com/2022/03/27/stillwater-school-board-chooses-superintendent-finalists/

31. Last Thursday board members for Stillwater Area Public Schools ISD #834 selected a list of seven finalists to interview for the district’s permanent superintendent position. Among them is a familiar face, Mike Funk. Funk currently serves as superintendent of Albert Lea Area Schools. The Stillwater superintendent is currently filled by interim Malinda Lansfeldt. Funk a finalist for Stillwater superintendent job Published 2:08 pm Monday, March 28, 2022 By alexguerrero https://www.albertleatribune.com/2022/03/funk-a-finalist-for-stillwater-superintendent-job/ Page 8 of 8

from: Lion News lionnews00@gmail.com
to: JD Carlson jcarlson@ci.albertlea.mn.us,
"Kelly D. Martinez" kmartinez@ci.albertlea.mn.us,
sarah.stultz@albertleatribune.com,
neal.skaar@alschools.org,
kim.nelson@alschools.org,
judy.keliher@isd194.org,
terry.lind@isd194.org,
michael.baumann@isd194.org,
Alison Sherman shermana@stillwaterschools.org,
Katie Hockert hockertk@stillwaterschools.org,
Malinda Lansfeldt lansfeldtm@stillwaterschools.org,
Randy Kehr director@albertlea.org
date: Apr 4, 2022, 1:45 PM
subject: Criminal Complaint Against ISD 241 Superintendent Funk - Chapter 13 Data Request For Public Portion Of ICR Of Funk Complaint
mailed-by: gmail.com

JD Carlson, Director of Public Safety 507-377-5665:

Please find attached my signed criminal complaint against ISD 241 Superintendent Mike Funk and ISD 241 and Executive Director of Administrative Services Kathy Niebuhr.

Chapter 13 data request: Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format from your respective offices pursuant to 13.03 Subd. 3(e) and Gen. Rules Prac. Rule 14:

1. Public portion of ICR for Nemmers' complaint against ISD 241 Superintendent Mike Funk and ISD 241 and Executive Director of Administrative Services Kathy Niebuhr.

Terry Dean, Nemmers 320-283-5713

When can I get a copy of the investigative report? Investigation ongoing If the law enforcement agency is still investigating the crime, members of the public will not be able to get a copy of the report. They can, however, get what’s often referred to as the public portion of the report containing basic information about the case that is classified as public. How Do I Get A Copy Of My Police Report? Information For Crime Victims Who Want To Make A Request For Law Enforcement Data. Crime Victim Justice Unit – Office of Justice Programs – Minnesota Department of Public Safety. https://www.mncasa.org/wp-content/uploads/2018/08/How-Do-I-Get-a-Copy-of-My-Police-Report.pdf

Attachment: 040422_Signed_ISD_241_Superintendent_Funk_Complaint.pdf

from: JD Carlson JCarlson@ci.albertlea.mn.us via esa1.hc4347-97.iphmx.com
to: Lion News lionnews00@gmail.com
date: Apr 4, 2022, 1:46 PM
subject: Automatic reply: Criminal Complaint Against ISD 241 Superintendent Funk - Chapter 13 Data Request For Public Portion Of ICR Of Funk Complaint
mailed-by: esa1.hc4347-97.iphmx.com
security: Standard encryption (TLS) Learn more
: Important according to Google magic.

 I'm currently out of office. Although, I'll be monitoring my email & voicemail, please contact the Officer in Charge (ALPD/ALFR) for operational assistance at 507.377.5780 (Dispatch).
-or-
Administrative Assistant Diane Lenway 507.377.5208.

More to come ...

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