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
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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).
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Administrative Assistant Diane Lenway 507.377.5208.
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