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272818 wHi7E - CITV CLERK , PINK - FINANCE COU�ICIl � BL�RV -�1VORTM T G TY OF SAINT PALTL File NO. "� `�� - ouncil Resolution Presented By d Referred To Committee: Date Out of Committee By Date WHEREAS, the Saint Paul Police Department has been investi- gating, since approxima.tely January of 1978, rumors and allegations of violations of statutes governing intoxicating liquor licenses in the City of Saint Paul; and T�3HEREAS, at least one agent of th� Minnesota Bureau of Criminal AppreheMSion has worked on the investigation with Saint Paul off icers; and WHEREAS, serious questions and allegations of improprieties in the conduct o$ the investigation itself have been raised before ,the Council� concerning both errors of law and judgment on the part of the investigators, and a lack of proper supervision by the investigatorS' superiors; and WHEREA�, th� Council of the City of Saint Paul and the Mayor are desirous of �etermining with finality the truth or falsity of charges of police misconduct, or any misconduct by any city official or employee in connection with said investigation� whether , proper supervisiqn was given to those investigators working on the case, and the na�ure of the relationship with the state agency involved; and � WHEREAS, this inquiry is based upon the authority granted to the Council under Section 4.07 of the Charter of the City of Saint Paul to " . . . make investigation into the affairs of the city and the conduct of any department . . ."; and 4dHEREAS, pursuant to that Charter authority, and general legislative powers, it is understood by the Council that it has the legislative gower to promulgate rules or regulations for the conduct of the city government and specifically the police COUNCILMEIV Requested by Department of: Yeas Nays Butler In Favor Hozza Hunt Levine __ Against BY — Maddox Showalter Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By �lpproved by ;Navor: Date _ Approved by Mayor for Submission to Council By _ _ _ By _�� `��-�� department, and that its inquiry is being undertaken to determine whether any such Council action is necessary; and � WHEREAS, the Council is aware that there are two cases involving search warrants executed by the police department pending , before the Supreme Court of the State of Minnesota, and a criminal ' charge pending in Ramsey County District Court, and in no way wishes to interfere with or jeopardize ma.tters properly before � judicial tribunals for decision; and � � WHEREAS, the Council desires to delegate, pursuant to this � Resolution, certain investigative tasks involved in conducting � its inquiry under Section 4.07 of the Charter, to a special in- vestigator under the guidelines and within the framework of this . Resolution, �while retaining for itself the ultimate power and authority to make investigations and take appropriate action; and WHEREAS, the Council believes that these investigative tasks should properly be done by an attorney, whose legal training and background qualif ies him to take statements under oath, prepare findings of fact and conclusions on matters under investigation, and to :na:�cE �ecr��ivaendatiozis on possibie ��gisiative ar cc,uncil actions to remedy any problems or shortcomings, as well as to seek subpoenas where necessary; now, therefore, be it ' � RESOLVED, that the scope of the inquiry by, and the duties of the special investigator shall be to take testimony, under oath and recorded by a court reporter, concerning any allegations or charges of misconduct, improprieiies, m.a.lfeasance or misfeasance, lack of good judgment, or violation of police regulations by pol_i.ce off icials or any city off icial or employee in connection with the liquor license investigation; to take testimony relative to the responses. to such charges and allegations; to take testicr�ony con- cerning the supervision, and adequacy thereof, of those officers and agents conducting the investigation (including state agents assigned to or assisting in the investigation) ; to prepare f ind- ings , of fact and conclusions as to the truth or falsity insofar . as possible of the above mattErs; and to make such recommendations for legislative or other proper Council action as ma.y in his judgment seem -appropriate, as based upan all of the testimony � taken; and, be it - 2, - , . ` _ ��,',��:*� FURTHER RESOLVED, that Richard G. Hunegs is hereby appointed as special investigator in accordance with and subject to the terms and conditions in this resolution, and his compensation therefor is hereby f ixed at $125 .00 per hour; and, be it FURTHER RESOLVED, that such compensation and all necessary expenses 'incurred by the special inve_stigator in the course of the inquiry herein authorized shall be paid by the City of Saint Paul . from funds provided for that purpose, which shall include court reporter, investigative services, legal assistance, transcription � fees, duplication fees, and postage, but shall not include secre- . tarial, clerical or normal overhead expenses customarily reflected zn his hourly rate; and, be it � . FURTHER RESOLVED, that the special investigator is hereby authorized to apply to District Court -in accordance with Section 4.Oi of the .Charter and with existing law, for subpoenas to require � the presencP of ��aitnesses and the product.ion of evidence as may be r_ecessar5- to carry out the inquiry under the terr►ZS and restric- tions of this resolution, as special -investigator for the Council of the City of Saint Paul; and, be it � FURTHER RESOLVED, that all deposirions, transcripts, state- m�nts, evidezic�, exhibits or mater.ials rece?sred oY Frep3r�d by him in the course of this inquiry shall be held as confidential and not released except as required by Iaw or court order; provided � that the report, f indings, conclusions ar�d recommendations sub- . � mitted as provided herein shall be public information; and further provid�d �that evidence of criminal conduct shall be made available to the appropriate prosecuting authority immediately as such evidence may become lmown to the special investigator; and, be it FURTHER RESOLVED, that after this inquiry is concluded, special investigator shall retain all such records as specif ied above in his possession and subject to this obligation of conf identiality unless and until directed otherwise by Iawful resolution of the Council of the City of Saint Paul ; and, be it FLTRTHER RESOLVED, that there shall be one, final report sublllZ4LCd to t�:� :�1�y�r arld Cou�cil of the Ci�y of Sdint Paul an or before July 15, 1979 ; provided however, that the Council may by resolution . extend the deadline; and, be it FURTHER RESOLVED, that the special investigator is hereby � authorized to and sha11 prescribe rules or regulatiQ:�zs for the cond�ct of �h� investigatior_ consistent with this resolu��on; and, be it FURTHER RESOLVED, that nothing contained in this Resolutian � shall modify the authority and responsibility of the Office of � the CityT Attorney in its continuing representation of tk�e Council , 3. - CITV CIERK � ,�KG - FINANCE G I TY OF SA I NT PAU L Council �� ` � CANARV -,DEPARTMENT File NO. BLUE - MAVOR � ^ � � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date and Mayor of the City of Saint Paul as provided by Charter and the Administrative Code, including advising the Ma.yor and the Council on questions of law arising out of this investigation; and, be it FURTHER RESOLVED, that this resolution shall be effective upon passage, approval and publication as required by law, and upon written acceptance by Richard G. Hunegs filed with the city clerk; a�d, be it FURTHER RESOLVED, that to facilitate the conduct of the inquiry authorized by this Resolution, and to provide for a channel of communications between the special investigator and the Council, the President of the Council ex officio shall serve as a contact person and a conduit for communications be- tween the Council a�.d the special investigator; provided, however, that this shall not in any way alter any of the terms of this Resolution, nor per�nit said Council President to direct or con- trol the inquiry or the special investigator in the performance of his duties hereumder. 4. COUNCILMEN Requested by Department of: Yeas Nays Butler _� [n Favor Hozza �. Hunt Levine __ Against BY — Maddox Showalter Tedesco Form Approved by City Attorney Adopted n il: Date w�9 �� • Cer ied :s� unc' Se retary BY By /�ppro y Mavoc Dat _ �R 2 3 t9� Approved by Mayor for Submission to Councii By _ By ��SHEO APR 2 8 1979 , . . . , . - . , . . . . / . � . . : � . � . . � . . . . , . . , . � , . .. . .. - �� - ,� �'I �- . � � 7 ; , � . , . , . , �ai► 2�. 19'1'9► � , � � � . . � � . .. 1 . J / . . . . oouacil rre ecn n.�rsd ac»sa Roon 719, Qi y �s12 " 3t. Pau].� aeaota . , �` De�r ConnciY President Ro�a: . A motion tha �you cueet With the Uead of Ra�sey Crotutty Bar Man. . and ask for recomniendstior� �s to a suceessor to Mr, Hunegs, Special Invet' f.g�tor,. probing Iat�cicat�ng I.�quor Licensee� wss ado}rLed' by City Coupcil at its r�yr 2�, i9?g meqting. , ' Very truTy youra, �Rose Mi�` � f ' City Clerk .I�8:la � � • . . ,. , � , , , � ; . . � , ; , . \ , � . , � . � . ' �� , ' �� AGENDA OF THE COUNCIL MEETING MONDAY - APRIL 16, 1979 1:30 P.M. CITY COUNCIL CHAMBERS ROSE MIX, CITY CLERR . 1. Continued discussion and appearances concerning liquor license investigations. s . . . . �� . . � . �. .. �.� � . , .t . ..I , ' . . . . . , . ' '. . . . . . . . ' � .. . ' , . � .. . . . . . _ , .. . � . . � . . . . . . � .. � . � '�x _�i,. ., . : , ' . - � . . '�. .. . � � 4 . . . . . � � � � . . . . � . . � ,�, ! . . . � . ' . . . . . . � . . . .. . . . . . . .. . , . _ ' � . . � ' � � . . �. ' � . . . . . � . ' � � . . � � , . . . . . . , . , .. , . . . . . � . � . . . . . / . . . . , . . . . . • ' � . . . . . .. . • . . .. . . , . • I . � . . . i , . � ' . . ` . . � ' . . � . . .. . . . . , .. � . . ' . . � .. I . . . � . . . � - . . , . . � ` , � . . . . . � .. . . ' ' . .. . . � . . . � . ... � � , r , . . � - � � � . � . i, � . . . � . � � . . . � �Bx'��. �y � _ — , ' , , �' . ` • 's ' . Co�sncl�. �'e�id nt �av3.d'Ho�a � - 7t2�:F�.nors Ci �I � � . . , St. Paux.� sota ; , � � I�ar. CounQ�: n �o�te= : : _ � �At th� F�r1�r.,^:� l►�rch 3�h Ci�y CounGi'1 r.�eet,�n:s, •, nratic�a tte� - actoptQd �ra��i 3a:; �h�t �� ei,C;ht els�'t�c� o�'fl��e.Z.s caf Stirt�� , Pa�ul Gti��ttit,n r�ait�.t�.c�r3� �"a�^ t� st�jpo�:n�.'�esn� ca� a �p�c�.i�t _ , inv�e�tY�s�x a ix�lr�eL�L,;�.#.�a 12s�ue�r �i,�c:�t�a�.n•; t�cili�i�s #►nd - liqun.c� 1.�.�r� i.n�ee�t�:�;�ti�ns� rfth .� 3ecf.��.an ^�n t.�a eppoint+ � ' ,nent tv 't�e � d�a ete e�on w pc��sit�Ie, �li�t 'th�� ie��s�+1►� - ' trans�'�r c�' i ixe �a�thc�.ri�8d to� f'e�nd f,he �.g�ioint�aer►at aP , � ;��tc��. i,n st�.��tor �nd �hat the. krer��3.n€� �n;'Ab�rc�h� �Oth"be __ coatiuuec� �t t� �+hen Mr. H1t�e, 1��, r'�a�-rr>n an�1 tr.anaewi:p�E�� sre �a rail.at` , �d �ti.bh 1�5�. T'�.insch! anc� Mz•. �if�?'nt� r�f '6h+B Gi�y , > � , • A�Lt�rrney's: . e�;C'�' t� -l�ti�•�lop' a r��. k� r�=•��t af' the dht�.�;v� �o #h� _ �. >�. �ny#e�ti�a#p . : , ' � A�'ter 't�e ti�+n � a�cir��; it was ��:_,-ee:� ttt�rt t3�e•imnrltrar r��' . , su.;�,rea,ted ' 4a], 1xi?t�s1�i :,�ttCx`� �3.c.i bat �u�!ttitt�cl t� �he t�nGi2 ident 'by 4 i34 P�.�'It on Moaid�y►, Apr�.1 2nd+ artd .t�iuit - � . , � Afir.'Byi-z�e th� C3�Y Att�rti��r►s office aa�ilil:�2�r� �b�ck. �rit�h . ' fi.be� ne�tf:n � su:r°3e�ed �p e�e �t.�aer �hsy' ��e� �TJ-s33:sh1.aE, t�x! . �, . � • the ca�na�, Yavrla�' d�:s�wi+� tbe ac�elnae�Lic�z4 at �t� �e,a,e�l�tr C�ty � - . - . ' E;e�c�c�Ci1 �ng cin Thuraday, A�1.1 Sth. ; :, ' , , � A' r�vti�bet ' s si�co adoptsd to pimvfd� tk:�tt the ��rin, z�n Fr3da►, . . , i�larcb t� contliin�ecl ta 1i� P.M, vn Ap�ii 16�.�1. ` . , _ � . ` Very trv3y youtrs: . . , � ' \ , i , �' - Roser Mii� � , . , ! . , City Clerk ' . , _ , , . • ABQsIt , , ' , � , . _ ; ca i I�ttia�r , � . . . b�t. F11�naQ+�t� Ci�jr At,�ornsy _ , � . M#" BYrne, lkspttty City A'ttor�ey . ' , . .� . , � ; . _ � _ • . , � I�.'-''r`�' � � � r- s � '^ `'�'�� b�'] ��VE� y � C I T�ER�'s�44f N T PAU L : - � - � , OFFI�d�FA�d�+��.4��.�TU��NEY September 21, 1976 HARRIET LANSING ° Councilwoman ftosalie Butler 716 City Hall Saint Paul, Minnesota - Dear Mrs. Butler: You have requeated an opinion from this of�ice on whether certain personnel records maintained by the Housing and Redevelopment Authority (hereinafter "Authority'�) are accessible to you as a member of the public or in your capacity as a board member o� the Authority. You have provided us with a copy of a letter requesting inf ormation contained in these personnel �iles and cop�es of letters received by you from staf� of the Authority, which letters are • attached. Minn. Stat. �$15. 162 to 15. 168, as amended (herein- aYter the ��Aot" ) creates a category of "data on individuals" which is defined to include ��all records, files and processes which contain any data in which an individual is or can be identified and which is kept or in�ended to be kept on a permanent or tempor- • ary basis. '� The Act sets forth three classifications oY data on individuals : 1. � conYidential � 2. private 3. public Confidential data on individuals is limited by �15. 162, subd. 2a to data whieh is (a) expressly made confidential by law . . . (b) collected by a civil or criminal investigative agency as part oY an active investigation . . . or (c) supplies - the basis Yor the diagnosis of the medical or psy- 1;; chiatric condition of an individual . . . . " Private `' data on individuals is limited under �15. 162 subd. . 5a to data wh ich is made by federal law applicable ; tc the data (a) not public and (b) accessible to the R � City Hall, Saint Paul, Minnesota 55102 612 298-5127 j � ' . � ;` , ' i .r • • , , , , .. �. �.r.'� , .� , . "• '�... . .� - � � . � � . � ' � . � � . . � .� .-� � . . , . � ' . . . . � . � � .. � �� . . � .. � . � � � � � � � ..� � . � .. . - r".� .. � � . , . . . . . . .. . . . . . . . . . , . . .. � . .. . . . . ' . . .. . . . . . . .. . .. . � - . . � . i - , . . . � � . .. � , � � . . . � � • - � . �. � � . . . . . . . , .. . . . • . - .. . . .. � :� • - �. - - � ' � . . " . . . .. � .. . . _ . . . . . ` ,f/,_ . . .. � . , �- . . .. . . . �. . �� . , .. . . ,. � � ' 1� � . . . . � �-. .s.i.- , . . . - . . . . . � . � � " � . � _. . .. � . .. . .. ' - . . • ' ; . . � � '_� , . �. . . . � . , . � , � . � . .. . . . � � � � .� � � . . � . , _ � . � . .. � . . � . . . . � � � . . .. _ � � - , . . � . . . � . , .. . . - � . . . � . . � � - . ,. . . �, � � . I � � .. � �� .� � . .I _ . . . . � , . � , . " . •. . �. , . . � - March �9, , k�74 ' � � _ � . . � � , . , - , . , - � -,, ;. , : • � . _ , , , , ., ; , . , f , � � � _ '�:,<��he tw� sig�ld, ack�rla8�e recsipt of th,e att$ched�notiffcsatioia, � ; x��ti�rg�' pzyse�tc� at a:�eeting o£ tt� St. Paul"Ci�y Cou.c�Cil c�a = �'ri�y., Mar,h 9�#.. x979, at� if�stM A.t�. ia C� City C�aai1 Cb�bara. ' . - , ' � , f , �"� ' ; _ AD�,�S . SIGI�t/!'4TtTbt� ` , . �W. . , „ 'rir. Jbfi� : .��, 3,�. :�, S�ite 4J9, , � . , ; , ; ' .. . . � .. � , .. . .. ��L �CKl�.rCi. J�(Spi-. .rn.�n++rrwrrirrw..�.�- - - -± . . .. \ . . 1 �!r� Ja�ulg�"'C Ch�i : Roa3n 2�t�a �it� $t�3. � , , , . . . �dr. �1 Pa�` say. 1Q05 �merYcax� !±i,a�fon�l. ` ; _�°- �ak ;�I.�i�. - , ' ; -, : . � 1'it�..�fi�7.�.s� � �ine S�i�te 409.. ` � . . . . i►ii.d�isa t P�ed�a1� B1dg. ., �: ; J� t ; � , _ � �-. ��,.....:........ - � � � M�c: �iy Ft� " , IQ1 $. l0tb �t. � � . . , �+.Y..�.�..�..i......� .....� , , � ,�tiel� Riki : � . . 1�1 8• lOCt! $C. • ` ' : '' . . � , SgC. :Jo�a 'Vd a; 101�8. i0t'h St. ' : Li�ut�ant W� da. , 1101 �. lO,th St. � . ` , � . Tla+mk pr►iu i�r y�onr coaper,tLon. ; : _ 4 � , , . ' YAUra truly� �f� r , , / . ! ` .8o:e A�.tz, City �C��r�C , , City o� St. Paul, 1�ae�M�sqta � , � � ,. . , ' . . - � • . _ , , , . � - . � ' . . , y � F • . � Couneilwoman Butler Page Two September 21, i976 individu�l. Our understanding of the personal inYorma- tion which you seek would not place it in either of these classifications. , The third classiYication, "public data on individuals, !' is not defined by the terms of the Act as adopted in 1974 and subsequently amended, but, rather, is defined by incorporation of Section 15. 17, a seetion of the statutes separate from the Act which has been in e�- istence since the 1940' s. Public data under the Act thus becomes data which is accessible to the public in accordance with the provisions of Section 15. 17. Although Section 15. 17 does not explicitly define pub- lic records, it states in Subd. i that all o�ficers and agencfes of a city shall : � ". . . make and keep all records necessary to a full and accurate knowledge of their official activities. All such public records shall be made on paper oY durable quality ,r�..�' . . . . n Section 15. 1'7 goes on to mandate, in Subd. 2, that the chief administrative officer of each public � agency shall be responsible for the preservation and care of the agency' s public records : "which shall include written or printed books , papers , letters , contracts, docu- ments, maps , plans and other records made or received pursuant to law or in connec- tion with the transaction of public business. " Finally, Subd. 4 requires that, except as eapressly _ provided by law, every custodian of public records shall pe rmit all public records to be inspected, ea- amined and copied by any person. Although there are no cases which have been decided under Section 15. 17 which involve the same data as � is here considered, an Attorney General ' s opinion has he ld that a record showing a list of inembers of ' � . < . . � .�' ' . • Couneilwoman Butler Page Three September 21, 1976 a public retirement association, length oY time a person has been a member and his standing in the asso- eiation is a publie record whieh may be diselosed. Op. Atty. Gen. 331-B, May 22, 1944. In considering whether the information sought falls under the classiYication of public data, the purpose of the Act and its application may be considered. While it appears that the thrust of the Aet (commonly referred to as the Data Privacy Act) is to proteet individual citizens from invasion oY their privacy by governmental agencies collecting, storing and disseminating inf ormation about them, a major effect of the Act has been to drastically restrict the volume oY non-publie information on individuals which a governmental agency may hold. The most recent amend- ment to the Act (Laws oY Minnesota for i976, Chapter • 283) �urther restricted non-public information and created a procedure whereby agencies could apply for emergency classification oY informat ion as non-public in certain circumstances whe re the administrator be- lieves that the eifect o� making such data public would adversely affect the public interest. Responses to the passage of Chapter 283 are attached hereto. While these do not constitute legal inter- pretations , the memo dated July 12, 1976 is from the State Commissioner oY Administration, Richard L. Brubacher, the head of the agency required to imple- ment the new law. The memo begins by stating that ". . . all data on individuals be made available, upon request to the public" unless speciYically excepted by state or federal law. In a similar vein, a memorandum from Dean A. Lund, Ezecutive Director oY the League of Minnesota Municipalities , dated May 24, i976, begins by stating that the ef�ect of Chapter 283 is to make public virtually any infor- mation or data your city keeps on individuals . " It is clear that the information which you seek is . "data on individuals" as that phrase is used in 825. 162, subd. 3. This information does not fall • under the conYidential or private classification. It has not been made non-public by emergency �� _ . � � . . . , s ' � • Councilwoman Butler Page Four September 21, i976 _/ classification. There is no provision of the Act or �15. 17 which would lead to a conelusion that it is not public; therefore , such information should be accessible to you as a member of the public. � _ he first part of your question having been answered in the affirmative , we do not here consider the ques- tion in iight o� your status as a member of the Board of the Authority. ectfully submi ed . . � RRIET LANSING City Attorney � HL:bl Attachments ce : Members of the Council Mayor Latimer City Clerk James Hart � • ��F# ;,, .� t�'; , —, — _...� .._ .�.._...�. ..,.,i �iJ�.'!:. tt7: ^ `�` ,•,,,, (� '•c �:a' � "_,•__`�� ' • 1 rr..� � " l4�#'�v 1G �i` :a�� y .r :'•• � t,;n jrn G��1'l;l�ll �� Cv �17 ' '��` ' .�.� % `— �.►+..ar cL,. ��,�t�%� ;�.��•• .:.:E ►:.�::,�•:-,�_ � ~ 1�� '�''�:. ---r.✓� t:.�:.:•�'i: y� ��J` �OSALIc L.. BUTLEP_ . �.v�-ri-•r•: `_ r.�.:a�:�•r � � � Ccaaci�c�orr.an ` �r� - � � � � ' . � ' i �'1.�:��.: �' ' �:, . . � SEE :nE__-�� f •' � �'��riE=e'.�� F(:��1�-'_+ ' .. - � ' . . t�!!Ti° 28� �9�Lx:��YC�I� lii:O�:!�TtON � . ' . _ : 70D�.Y . . . . � � tIE ��IOP. AP; D Ut� . . . - - . - � . . - . �. ' ' . . �,. �; . � � . ' . �TO: lt3rsh�11 D. A��er;.orr .� � � . �� • � = . . Ac�i n� Ex2��t��fz Di recto; � - Hous-i ng and Rzdzvzi op:i?lI L ku�hqri ty - - � - „ - • . �ii� � � . . , .FRO►'•t: t•fary Os i ec;i;,'� � �, � . . . , . - � ;. . . . ' t�rs_ Butler has ask�d m� to ob�ain the folloti�irg �in;ormation ' � � � f��on your ag�ncy_ � � . - . ' .7 . A re�ort of al l empl oye?s �•rno ti•�i i 1. :=each . - � � � reti ren�nt ag� ��t:�,�zn no:��nd January 1 , - - - l 977, i nc7 u3i ng tF�ei r ti tl� and c:�•rrent . � ' _ � - � saZary. _ � : : . � 2. A list o; all �sta;� :-r.�ose salar; is $15,Q00 . . - � .p�:� year or Fi g��r. Sh? i:ould al sa 1 i�:e �o . . have .a resum� for eacr� of these e�.;�loS►z�s . - �-. - - � - _ � sho:�i ng tn�i r educat�on, t•rork h�s tor3► and . . �proTOtional data since e�:;�loyeci by N�, as ' - . - . � - . � t�re11 as a current orgGnizaeion char�_ � � . . ' 3. A 7ist of all high rise and iumi7y public . � housirg, tiO�LIF and �eased units in S�_ Pau7 , � : � _ . s�ot•�in� vac�ncy ra�es ior e�ch oroj�ct or � i- - , p;�g�a�n_ � . . . I real i ze Lh�s s�i 11 i ake tim? to co�pi 1 e, but f•;rs. Eutl er t•rou7 d � appreciate r�ce;ving the in�or::,ation �.s a,uickly as possible. - - 7hank you_ _ � � CFI'�' �I:�LL SEVr:�T�I FLOO'.Z SF.11 E' Yf.UL, 11I`\ESt7T�� 5�1�? G12/?9a'-5579 � ,-� �. - ��._r J . _ j ' . � : �' t ,..�- .';` „ , ' CITY OF S.�.IItiYT P�A.Y'IL �_ � ��'' ` K} �fiviJ�� ' �; __;.��- OF�ICE OF TH� CITX COIII�'CI�. eO;�zD l�'-' �;�� tf,,•tx, ��!� �� :nY�P 4�i�i�� •' i• • .. •'., � � � '�Cf �_ .•.�.''•n_�' �. j �1 I J �. i ra. � � ` ' :.1:?�r,^i�:i J_►IATT ,r _ � � i�.�' 1�O �� _�.CG�CSJYB � r1 • ~:t:Y^.-..�•� � C�\` .+ L.S u:1:,;_ ' ' ��. �g15 �•;,r� �;.`. ' : �o��►�.�t L. Hi3 i iEr'3 . �' L�s 5 `� `�--a�^--- �.aazv_r H r" .' ' Counu2wo:nsu . �:►�G� �J1 �/=��iJ:�_ : . � �$��'• g.^c .,�� - T � ' " � '� �,j''rtri f►i::=.R�;+e y i _ . .:�. c �. :.iL'�dPlFO?,t.'A�� . � � Lt�n�' tf t1 �Ef�iORAPJ DUM • ,- . � �� _� _ T0. Donsld W. Cosgrove, Acting Execu�ive Dire�fior 3 Nousing and P.edevelopm�n� Auinorizy ►� FRO�h: Ros�l i�-L Butler � �� . DAT ��August 3, 1976 � --� ' � RE: Emp�oyee resurr,e's . - . . . In my m2mo of�June 28 I requesied a resum� for eac� � � employe� ��lhose salary is $75,000 per yea�- or �Cig'rter_ �er'rraps I Vaas not clear in ny requ�st, since the 4•,ork history of these employees prior to theTr employ�rent � tiit�i HRA vras not includ�d in the pac�:agz you -sent me_ - . I �•�ou1 d a�preci ate i t i f you t�roul d provi d� me ti•�i th -thi s - additional information as soon as possible_ As you kno:•►, �rre are disc�ss-ing reorganization and this is ve�y . h�l p�uI i nfor,rtati on ;or me to have i n naki ng de�er- minations if people should have to be firansferred, _ and ti•rnere they might best fit in. Kno.ting thzir � " background and education really helps me in making these d�cisions. � . � � . � � - C[fY fT:\Li. SEVf:1TEI FLUO:t SAI\'T PAUI_, I�tI\itifiS�T�\ »10? GI2/Z9;_�ti79 �-- ��. . -_--rr'.~—r_'" ,.- 55 East Fifth Street, Saint Pau{, Minnesota 551 O1. Edward N.Helfeld,executive director.phone 298 52.18 . � . � �� r--� � DATE AUGUST 25, �9�6 . .� -�- � � � HOUSlNG AND REDEVELOPMENT AUTHO�ITY OF TH� CITY OF SAlNT PAUL, I',�IiVTdESOTA TO � R sALIE L. BuTLER � '� �� x�� . ... FRO�JI F,� noruLn w, coscROVE � SUBJECT YOUR REQUEST FOR EMPLOYEES' RESU:�S � . , I am replying to your August 3 request (copy attached) for a resume of each HB�, employee whose salary is $15,000 a year �or higher, We�had sent you, in July, the names of employees earning $15,000 or more, information about thzi.r education, work historq and promotional data with HRA. This was iin replp to the request (copy attached) from rlary Osiecki on June 28. You are noc� requesting additional information about the work history of these employees prior to their � employ�ent with the HRA. I have not, as yet, instructed the HRA staff to provide you with this infor�uatian . • because of four concerns I have: 1. T'ne first problem is that we do not have complete infornsation about the work background of many of our employees. We do have copies of their . original applications but in many cases this information is out of date and incomplete, e.g, somn employeas cnay have taken additional courses or acquired other experiences which were not recorded in their persannel files. . 2, The second problem coacenis the confidentiality of the inforcaation. Individuals, upon making application with HRA, intended that information to be used for a specific purpose, and I don't think that we can assume that we have their permission to transmit that information to the City. It may be necessary for us to obtain a release. from e;nployees for trans- mittal of this information. . 3. The third problem is siiaply the question of determining the nost appro- priate clearingh'case��vithin City government for the review of the quali- _ . fications of HRA eraployees for potential transfer to the City, The question is whether or not the Personnel section of City government should not be the appropriate locativn for handling the review of the qualifications of HRA enployees in order to natch these with potential or actual posi.tions within City government. � � O y�.�■---- . y j � I � • ' �$, gutler , - 2 - August 25, 1976 s" , 4, The fourth probl�m is the timing. The City is discussing the reorgani- zation of HRA but it seems so�ewhat premature to be making determinations about transferring people when no decisions have been made about the � proposed reorganization. . Since your request raises these serious concerns, I am forwarding a copq of mry reply to the other Cor�missioners so that we, as HRA staff, mig:�t have a clear direction from the Board on this matter. CC: HRA Commissioners � • ,��, . . 1,' ' . . � ;l'; . „�..__ , -,.. _ ,�. C�'.rY OF �AINT PAUL 4' �t (('��`;��_� OFFICF OF TF�E CITY COIINCIL n � � � � ` �.r. � .�_ !'�� . !� 1� r� . .? r�. :;��s'' ��_�f. , AU G 2 7 1976 � .:� .,�� J ClTY AiTORNEY ROSALIE L. BUTLER _ � Couacilwoman � � August 27, 1976 . ��r. JaT2s Nart . - Housing and Redevelopment AuthorTty • � - . 55 East Fifth Street � Saint Paul , Minnesota � Dear Mr. Hart: _ The attached memo from Willard K. Dodge is for your information and response. 41hat I could say about the judgment in writing this type of . memo in the first place probably is better left unsaid. No�+vever, there � � is an underlying assumption that this information would be misused. I would state for your benefit, Mr. Hart, the 62nefit of the memo writer and any other concerned HRA employees that I have been elected by the people to make certain decisions, have access to information, and generally be a policy maker. While you, Mr. Hart, individuaily or collectively, might not agree with the decision of the people, you do not have the right to challenge this decision except at the ballot box, and therefore I find your memo of August 25, 1976 most presumptuous. First of all , in your usual fashion you have created a tempest in a teapat by the v�ay you handled this_ . If these opinions expressed in this mema are .� your views, corrmon courtesy required you to cali me on the telephone and discuss this. 4lhile you may not care for me personaiiy, you do not have the right to challer�ge the integrity of my elected position nor show � disrespect to me. I consider the August 25, 1976 memo disrespectf�►1 . I have made a simple request for information regarding the work records of er�ployees that make over $15,000 per year at HRA. This includes work records before coming to HRA_ I have asked for no confidential inforr,�ation � or evaluation reports on these employees (even if under the law and as a Board member and an elected public official I have the right of access to all information contained in HRA files). In my official capacity I have asked for information to heip me make decisions regarding the reorganization of the tiRR as directed by state law, and while I have no objections to staff � � CITY HALL SfiVENTH FLOOR SAINT' PAUL, biINNESOTA 55102 612/298-5679 �� - . ....._ ..� -�. . .y____._.. __ � _ __ _ __. _. J�,._,M.. _ , I ' �'�' ' 2. •' .-_ • sr • Mr. James Hart August 27, 1976 � discussion of this matter with other Board members, in my vieu�� the state law and case law have already determined the position and we are all obligated to comply with the law. � In my conversation with you yesterday, Mr. Hart, you indicated you concurred � with hir. Dodge's memo. If this is true, please advise me in writing the : state statute which confirms this judgment. If there are no such statytes which give bureaucracy the power to withhold public records, confidential - or otherwise, from public officials, then I must insist you comply with the law and forward to me as soon as possible the information I requested. As I stated before, I am only asking for work records and educational back- ground. I am not concerned tivith personal data which might be in the employees' files. I have asked Harriet Lansing, City Attorney, to provide me with a legat opinion of my rights in this matter: � Logic and common sense wou]d seem to indicate that if any staff inembers have access to information, then it follows that their Board members would have access to the same information. � Very truly yours, ` �� ,., . , `� ' �w L--��."'��, Q'• _ 3�.�- �.. � ROSALIE L. BUTLER NRA Cor�nissioner RLB:mI � �� .'55 East Fifth Stceet, Saint Paul, Minnesota 551 O1. Ed�vard N.Helfeld,executive director.phone 298 5218 s .A " ' ,,• � � � � � U � � s� � � � S E P 2 1976 , � � . � CITY A I TOfthEY � � � ��OUSiNG AND REDEVELOPMENT AUTHORITY OF THE C1TY OF SAli�7' PAUl, �r1�i�N�SOTA , Ms. Rosalie L. Butler September 2, 1976 HRA Co�issioner City Hall Saint Paul, Minnesota 55102 � . Dear Ms. Butler: � Reference your letter of Auqust 27; 1976. Be advised that the undzrsigned respects your position as an elected Council member of the City of Saint Paul, as well as ap.pointed member of the HRA Board of Commissioners. My position respecti:�g your request for personal resumes of work history of HRA employees earninq over $15,0OO.OU annual salary is not based upon personalities nor upon any assumption that this information would be � misused. • � P�iy position is based on concern that the Authority and its staff,. in � • responding to your request for production of this data on individual HRA employees, comply with the requirements of statute protecting the employees' rights and protecting the Authority. and staff responsible for the records � sought from exposure to possible civil and criminal action for unauthorized dissemination of this information. The acting executive director in his memo of August 25, 1976, additionally is raising points for discussion by the existing and future HR.A Boards and City Administration on a �ore formal. . basis than individual discussion with you respecting the future status of th�se HFcA employees, a matter of consic�arable importance to these employ�es, the Authority and the City. � Personnel files and records,. including personal resunes, have been traditionally treated by the Authority as private or confidential infor- m.a�ion. Access to these files by other�Authority sta=f inembers is limited to a demonstrated need to knvw basis. Access by third parties has been limited to written consent by the employee or their production as a part . of ad,ziinistrative or judiciaZ proceedings. To the writer's knowledge, Board members have limited requests for information from these files to instances where the information was relevant to a matter under Board . consideration. This Board posture has been consistent with the delegation of full responsibility for personnel matters by the Board to the Executive Director under the Personnel Policy. The custom of treating these records as private or confidential infornation is not supported by express existing statutory authority. However, .the 1976 LegTslature recognized a problem in this area requiring future legislative attention in enacting • Minnesota Statutes Section 15.1642 (Section 8, Chapter 283, Laws 1976) providing a means of �mergency classification by State action of this . ;cind of information pending further legislation. Robert S;+Ivest�r, Donald P. Del Fiacco, David H. Hoaa, 4'Villie h4ae 1�lilson, Kenne!h J. Lynch, Ron Mzddox, Mary Ann Sud�ith '�'';;' , � E" . � /�'�.� z,�. � • ' •. � Illl �1 ' 111I� —' league of � minnesota municipalities � ��i�, �!, � � � . . . ' ��;� lIII-�J .. � . �'.� ° �� - � '``�:'�,�;= .--;.j. `� � . , � • � � -rs � �t� . Cc.�^ - . . `� May 24, 1976 . � . � � T0: l�danagers and Clerks FROM: Dean A. Lund, Executive Directar _ . SUBJECT: Amendments to the Data Privacy Act (M.S. 15.162 - 15.169) . In the closing days of �the 1976 legislature, an act was passed as La3�s 197b, � �" . � Ch. 283 amend3ng th�. 1975 Data Privacy Act which as of June 1 nakes public � virtually at�y information or data your ci�y keeps on individuals which has - been considered private or confiendtial, tinless iti receives an emerger_cy classification. The act authorizes ths state Co.*nnissioner of Administration, ' with the approval of the Attorney.General, to make such emergency classifica- . tions of i.nformation or data as private (i.e., accessible only to the city and the individual to which it pertains) or confidential (i.e., accessible ' only to the city) on application by a..x�y city. Such classification v►ill be effective only until July l, 1977. The emergency classifications made in the next few months will be the basis for statutory exclusions that will be con- sidered by the 197? legislature. The efi'eet of this legislation is that in the . absence of an emergency classificat�on, almost all infermaticn or data your . � city keeps on lndividuals, zvhether They oe en�loy�es, e�ected officials or � ' menbers of the pubiic, legally mus� be n3de available to anyoae reqLesting it. A menorandum St�mmari2�I10 th8 anended daia .privacy act and outlining the proc�__ dure for securing an emergency cl�ssification is enclosed. If your city main- tains some information on individuals which you believe sheuld be kept private or confidential, you should file �Pith the co�issioner of administration as quickly as possible one appl�catioa for infox�s.�,tioa you thirLk should be classed as private and one for inforrsation you yhink shcu�d be classed as conf'identzal. A copy of the application form prepared by +ne co�.*anission�r's office is included in the memo, which also gives �he standards that data �►ust meet to be classified - as priva�e or confidential. The classification applied for may be for o-ther cities as �vell as your o:vn, l�y communication o1 the privacy law nay be �ddress- ed to Donald A. Gemberling, Data Privacy Unit, Room �.46, Stete Otfice $uilding, ' St. Pav1 55155 (Phone No. 612-296-8127). If the board of directors approves, tre League vrill take trio fi:rther steps +h;s Ssummer and fall v�ith ref erence to the Dat2 Prit�acy Act:� 300 har.o•:�er building. 480 cedar street, saint paut, minnesota 55101 C6127 222-2861 ._ �_._ ..�_.,.,.... ,,, .... .�....,.�.._-----------.-A-»..,..--- _ + • C . • ' , �.� � J 1' I ►� • ��J / �/ . Ms. Rosalie L. Butler � Page 2 September 2, 1976 The personal resumes contain indivi.dual or personal data about the person prepaxing and subnitting them and are popularly consid.ered to be private or confidential in nature. Does a resume become an official or public � record available to public inspection by virtue of its being submitted ' to and considered by a public agency? If it does not, the information or data could be determined to� be private as not constituting an official record and its collection and dissemination by a public agency limited by M.S. Section 15.1641 in such a manner as to place in question whether the Authority is authorized by this Section to honor your request. � If the personal resumes are public da�a, ths Autharity is charged with -� � responsibility to "establish procedu=es and safeguards to ensure that . � all public data on i.ndividuals is accurate, complete and current." (MS 15.1641(e) } . �he resumes prepared and submitted at the time of application for initial e..neployment with the Authority in most instances � will be years old. The resumes will not include work experience with the Authority or additional courses or education attended or acquired . since the date of em�loyment with the Authority. - On the face of it, the requested resumes are not "accurate, complete . and current." The resumes in this form are not adequate as an indicator � to the City of the current skills and experience �available to City in the event of transfer to the City or employment by the City of these people at a future time :after enactment of further legislation. If the City used them for this purpose, the Authority and staff could be exposed to actions for damages by employees not hired by the City claiming the loss of the job resulted by reason of inaccurate or incomplete resu�e� provided by the Authority. The Authority could be subject to exemplary •damayes, M.S. 15.166 (1) . Any person willfully violating these recited provisions of Chapter 15 conld be guilty of a misdemeanor or subject � _to suspension without pay or dismissal. ri.S. 15.167. � Involved is more :than a tempest in a teapot. Further research is under way on the question of whether these resumes and the individual data � contained in them are public or private data. I would respectfully _ � suggest to you and your fellow�Board members and City officials that alternate means of obtaining this information be explored which would protect the privacy of these people, prov?de choice on their part on whether to submit current resumes to the City or not, and remove the possibility of criminal. or civil sanctians against the Authority and staff inembers respor�sible for these records from future court determin- ation that the resumes were private data or inaccurate, incomplete or non current public data disseminated in violation of the statute. • Sincerely, � _ �. , , �, � � r J /Qa.*:Zes T. Hart �e�eral Counsel i� I. '� . ' • • ' . - . �. . .. . � . ,. �..�..� ` �,�;�. ,.�: STATE OF Git\NES02A ; i `" • • :P/�Z'�j';;fENT._-9 f m i n,i s i-ra t-i c�n O��cc� N!emoranc�c�m : - - � �''-�!� - . � : � . Heads of Departments & Agencies . DATE: July 12, 1976 : � STaTE OF R;INr��S07A � -- - -r ` • ; .� o�'-��-�- . : �� J UL 1.51y�a FRO�i . Richard L. Brubacher PHONE: 296-3862 i �PARiMENT OF COMMERCE t � Cormissioner . . j ' ' . f . . . . • ' ; SUBJECT: Impact of Chap4er .283, Session Laws �of 1976 _ . � . � • - � . . � � ' . � � The Chapter 283 provisions that becaMe effective on June l, + 1976, require that all data on individuals be made available, � upon request, to the public.• Public access is not required ' _ when there is a state statute or federal law that specifi- � cally makes certain data either private or confidential as . � de�i�ed in Chapter 283. s t In the absencz of statute or feneral law, agencies -and - poli�ical subdivisions may seek to continue administering � • data as private or confidential by applying to .this office � ! for ��e appropriate emergency classification. If approved, - ; - data uay be administered as non-public until June 30, 1977 • . or until the Legislature acts on legislation proposed by ! agenc3es or subdivisions. to deal with their public, private . - and confidential record guestions. . } � I am communicating to legislative leaders that my decisions to grant or deny emergency classification applications ��K. should not be interpreted as precedent by the 1977 Legisla- ture. C1ea�rly, these are decisions to be made by the Legis- lature based upon testimony received at�d their own delibera- tions_ Actions taken by this office in regard to e�ergency _ _ applications are intended only to allow agencies to continne � certain past practices until the Legislature makes the policy �"` ' deterrainations at the 1977 session. � _ On Ju3.y 1, 197�, all data on individuals will be ublic un- , less otherwise specified by statute. Any legislation yon belieye necessary in the public �nterest or in the interests of privacy should be prepared and presented in the usual manner as soon as possible.� • � � If you have • any questions, or want to zeceive copies of the � Departnent' s suggested forntat for emergency classification � applications� please contact the Data Privacy Section in Room 446 of the State Office Building, extension 8127.. � RI.B: cg . . - � ' `•a. ..1� • _ ^ � ' - ,' � ' • _ , . . . ��Y 24, 1976 ` • 2d�nagera & Clerks � . Page 2 (1) Prepaxation of a blanket request for e�erger.cy classification as private or confidential of �ata co�mon to n�ny cities and . wortY�y cf such designation. The appl�cat�o:► �r�uld be submitted by one city on behalf of aZl those vrhich wished to have the � appl�cation serve as their o�rn as we11. � Because of the time involved, this action cannot ccme early e�ough to prevent the automatic reclassification o£ present privat� ar_d confidential � � information as public on June 1. • -��•- (2) Consideration and preparation of propossd 197? legislation � amending the data privacy act. - ~ . Your city is urged, not only to make an ismediate application for an emergency cl�ssification of y�ur city's data on individual� ��hen that cannot �Ya.it for a blanket ac�iion later, but to inform League headquar�ers o�' kinds of inforr�aLion which you thirLk sh�uld be kept private or confidpntial as �rell as of ar�y chanoes you think should be made in the 1975 data privacy act law. . � -- • �. • DAI,:de ID . . , . , . � '�� A Sum�ary of the M�rne�cta Data Privacy Act ' Recant leg�slation coa�only referred to as ihe Data Privacy Act (La�,vs 197�), Ch. 479 as ' �ended bSt T$YJS 1975, Ch. e�01 and Laws 1976, Ch. 283, coded as rd.S. 15.162 �0 15.1b8) r�gulates the use of confidential and private ir_formazion on individuals in thz rzcords, files, and processes of the state and its political sub3iv�sions. The ia:� provides for three catPgories of inf'oxx�aa�ation (called '�data" in ths la� --private, coafiden+ial, and puuiic;,ar.d adopts various regulations for the three gr�ups �hich are discussed belox. The 2a�r c�nteaplates tha� each city musti dssigr�ate se�z p?rson, called the ''respoasible a�th�ritiy" to have jurisdiation over the city's data on iadividtials. �lhe re�ponsible authori�� y, however, designate somecne to be in char�e of each file or syste� c�ntain- ing c:ata on individuals. �Callection a.nd storage of pu�lic, private, and cGnfi�ential data cn individuals and the u� and dissenin�tion of pr�va;e �nd confidential d.ate on : iadividuals must be limited to that necessary for the administiration and m�*:a�e�en� of _ pr��raat� specifical�y authorized by ths legislature or ��?:e council cr �ar!date3 by +�e � federa? �overnm�nt. � � , The respons�ble authority has the-duty of prepari*�g the 3�cunent on ?ocal rivacy data practice d�scribed late in this semor�ndum. Ths commissioner of admdnistration is given the duty, ��th the advice of the int�r��✓e�- . n?atal i�-iformation services advisory council, to prb�ulgete ru3.es to inplQ�erit enfor�e- ment e:nd administra+ion of the Data Privecy Act. Rcle� �:er� heing._con3ider-e3 wa2n_tsi� m�morendum was prepared in M�y_,._1976-but had-no� beer..ado�ted, . -- - ---------. _1 - Definitions of Private, Coni'idential, and Public Data � �The thz�ee types of information on individuals to v�hich the law relates ?re defined in the data privacy act. Ths eonsequences that follc:v from a classification of infor,aaLion as pri�raLe, confidential, or public are discussed later in this memorandum. The thre� typss of information in zhe act are as folloars: 1._ Pr�vate data are defined by thz la�v as data Nhich statie or fed�ral law cr e�ergency classif3cation of the state corcmissioner of a3ministrat�an makes not public but acc?ssible io the person who is tihe sub�ect of the inform3tion. The term "private da*,a" (ar.d confidential data as �rzll) does not ir_�luds "arrest information'� tha� is reasonably contzr�poran�ous with an arrest or inczrcer�tiion (except data mad� privata, canfidential, or non-public under the l�r� releti ro ti� juveniles or a�y oth�r �tatute). "Arrest infor�ation'� exclsded fr�m fi.he private and canf�den�ial d3ta cat�gories includ�s (a) the name, age, a.nd address �f the arrest�d persons; (b) the nature of the chsrge;' (c) the time a.-�3 place of the arrest; (d} the identits of the srresting �gency; (e) infor�ation as �Q whztih�r an individual has bzen j3ile3 and the place of the jail. W:+_ila t�e has not permit�ed tharQUgh seaxch of the statuies, there are pr�bab�. only a few �;�p�s of infors�tion on individuals �vhich federal or state law m�.kes private. Po�ice and probstion records cf 3uveniles are in tris categ�ry and �ay not be dis- cl�ssd tc the publ�c except by order of Lhe juver.ile court. The social security ,. nun�er of employees is �3so in this ca�egory. The larr d��s not pr�vi3� for maki� data �rivate by char:er or ord�nance. �• C�nf�der�t�al data includ� inforn3�i�r. (ciher tran arres� information) m.3�s not p�blic b� �tatu�e or fede^al law or eraarge:�cy .:lassi�ic3tion applicable t� the daia a.*�3 inacc�ssibls to zhs data s+lbject. There are probabZy no rore than a f2w la-�s r'..ah b ci�y data coniid�ntial. The la;r does r.ot provide for �3king dsta confid�ntial by cY:ar��r or ordina.-�c�. -- ---- — -- ----�---�---� ; ' � .- � . � � , . . 2 ~ • - - , The term "confidential data" �zs also included @ata collected by a civil or criminal . inv�stigative agency as part ot' an active investigation for the purpose of coma�enci;�g e le�al action; ho��ever, under ths 1976 amenc�ment, that provision will cease to ap- plg to a city upon the granting or refusal of its application for the emergency clzss- ification discussed later in this memorandum. If the city nakes no such application, �r.e data collected i_n the course of a.n investigation .��zill continue to be vrivate until June 30, 1977, tnhen that provision of the la�v becomes iqhoZly inoperative if there is no cha�;e in �he la�v in the mea.ntime. � 3, t�ubl{c deta include all in£ormation which is accessible to� the public in accordance � with the public record� la:v, ?�i.S. 15.17. In effect the term means all info�ation on individuals zzhich is neither private nor con£idential. � Effec�s o£ the Distinctions Among Private, Confidential, and Public Data. The followirg table shows the consequences of classificatioa of data as public, private, �nd confidential and �he differences among the .three groups: � Applicable to • Rule . Private Confidenti al Public Data Individual asked to sup�],y data must be �X X � � . . 0 � i�fo:�ed of tY:e purpose, whethe� he may � refuse to suppZy it and ar�y �iocvn conse- . �� qu�ncea from supp�ying or refusing.� . . ' �oilection and storage of data is limited X X X to �hat recess�ry for administration znd manage�znt of progra�s specifically authorized � b�r legislatu.re or local governing bocly, or I!fATdated by federal government. Use and dissemination of such data is subject X X X . to same limit as the second rule. Data ��y not be used, collected, stored or X X 0 diss��dnatsd for ar�y purpose other than pur- noses sta+,ed �o in3ividual at ti.me of collec- � � � �ion or; in case of data collected prior to Aug. � � � 1, 1975, for a�r purpose other than those ori- gina� authorized by 2aw. Th�re are �xceptions c:ner� (I) responsible authority files statement , �vith c�gnissioner describing purpose, which must . ce a necessax� public hesltn, safety, or ��elfare " purpose, and the purpose mtrst be approved by the � cormniss?cner; or (2) purpose is sLbseqnently au- - . tihorized by state or federal legislation; or (3) � purpose is one to v�hich individual subject has giren informed consent. �'se of s�.2m.�ary data under jurisdicti�n of respon- X �C X ible authority is per�tted if sum�zary data is . pLbli� and does not re�eal individuals. � Responsi�le authority must pro3ride summary data X X 0 on rrri tten request of ar�y person and at his cost. -.��-►.. ._ . . s�++�.. . . . .�•nr^��+ _ ... -ia'. ,�,� ��tt ' , . � . , � � . , . - 3 - .. . • . � Applicable to � � � Rule Priva�e Cenfidentional Public Data On requeat to responsible a�sth�rity, indi- X X X vi3�.iai ,i,est be infor�ed whether re is the sub3ect cf siored daia an individua?s. L�pcn f•srther request, ;ndividual wha is sub- X 0 . g ject of st�red data must be sho�rn �3ta �ithout ' � � ch�rge and, if he desires, must be informed of content and meaning of data. AFter that, agency � � has siY �:.nths t� d;scicse data unless dispute � or acticn under privacy la�v is pendi*� ar addi- tional data on �n�i.vi�ual t.as baen collected. R�sponsible authority m�sat pmvide copies of data X 0 X at fndiviaual's cost upon his reques�. ' � Individual m�y centest aecuracy or cor�pleteness X 0 � X oF d�ta concerning himself. F.r�ergency Classification of Private and C�nfidential Data � � . The 1976 aaendmentis to the Deta Privacy Act elearly contemplate that the 1977 legislature � �ri33 aaend the lacv to pr�vide for more specific deternination of what data on individtials �r� publfc, privatz, or c�r.fidential, In the meantime, Zhe amendment provides a proce- dure by v�hi�h at�y city r�ay apply to the commissioner of adminis�ration for permission to classif�r pariicuiar data or types -of data (except arrest information) as private or con- fi�ential. If the city has so�e data to be classified as private and some as confidential, onz appli�aticn for each type is require3. An applicati�n may, hor�ever, cover all of confidential or aZ7. tynes of private data. The applicaticn itself is classed as public data. - �',it applic�ticn may be m3de at ar�y t�me but no emergency classification may be granted aft�r ��.uie30, 1977 ar.d a31 cZasaifications still in effect expire on that date. An apnlic�-:t has �he b��rd2r. of est�b=ishing tha� three general standards have been m�t and the �pplication muat sh�vv that the proposed classification of the particular data wouid m�et.these sta.-:dards. The fac+s c,hich must be established are these: � (1) ha statute zither a].lo;�s ar forbids elassification of th� data as � private �r cor.fideniial; . (2) Tn� data has been treated as either privatz or confidential by cus- � "to� �f long si�din� which has been recognized by oZher sitailar state agen�ies or other siaiiar political subdivisions, if aRy, and by �he public; ar.d . ' �3) A ecmpelling ne�d ex'sts for is�ediate emergency classification r�hich, � �f not granted, co�:ld adverse�.y affect the� public interest or the heal�h, safety, v:sll-being, or reputation of the data subject. �e for.n of applicati�n sugges�ed b3- ;,�.e commissioazr of aclai�istration is a ended to PP this �^°:^_JI'2P_Q�lIII. Several q::e�cions in tr.e form �re design�d to elicit infor�atioa sho�r- �:�g that �he statutiory req�.�irem�nts ��r-z be�n n��. � . . . , . • . � . - - 4 - . �,A , � , � � If •tha cos�ssiona: gr•ants t'r.s emergency classification, he ssbmits it �ith the ca�p2ete r�ccrd to the attcrr.ey g�aeral, �vno is required to re*�ie�r the classificatioa as to�form �and legslity. The a�t�rne;� general must either approve or disapprove the classification witt+3n 20 da,}-�. � ' In pr.parir.g applicat_:r�s -�� e�erg�ncy class�i"icztion �f data, citi�s will �vish to keep in m�.nd the fact tnat tne �a�ra the class�fied data, the more the possibilities of law suits fcr reveal�Z3� CI3{3 so ciassified. Se� the discussion on civi� penslties belor► lat�r in this ne�orand�. • . - , . :te or�s � . The. 1975 a�:�a3n�n+s t� th� data priv3cy law required each city maintaining data on . individu3.l.s to file z.z a��nu�.l report giving prescribsd ir.�ox�ation particular],y with res��ct �o rzcor3s it classified��as privat� or conf'idea�iai. The first such report tvas �ue A:guat 1, 19?5. The 1976 a�e�dmar.±s Lo �ra 3�� r�q�ire the responsible e�:�hority to prepare a documant by At��us� 1, 19'6 c�r.t2'_�ir.g, in add��ion to his name, title, and address, a description o£ each ca�egar,� of rec:.r3, file, �r process ralating to �riva�a or co_nfiden�ia? data on inai�auais maintain�3 by i�a ci�y. Forms used to co?lect priva�e and confidential da�a m+ist be included in ths p=�blic doct:ment. This is to be u�d�ted each year beginni:-ig Aug�.isz 1, 1977. Tr2 dx�2nt r_eed not inc?ud� ar;y information on public data, Thus no � doc�en� is requix�ed if tha city mainta�ns no priva�e or confidential data on individuals. ' This do�ur��nt need r.oi be p�loi�shad. The �a:v �tself dces r.:,� rayu�re that tre docu�ent be given to the commissioner of ad�ini- �t�ati�a, but +he cor�aiss��ner m�y req�a.ire this. He may also request additional inforaa- tion on �ata eollec*,i�n pract�ces, policies, and procedures. Per:3�ties . � A city or its respo:�s�bie au�ihority ti�iolating th� data privacy act is liable, regardless of :he ex�ept�ons in the G�vn�ental Tort Liability �ci (b�.S. �66.03), to a peraon Nho sci.�°s'�rs ar�y re3:i].ti:1g da,mage, and the pzrson damaged ma�y bri.ng an action against the city cr the responsible autharity to cover an�r dam�.ges sustained, plus costs and reason- able attornsy's feas. T_£ the vio�ation is v�illful, the city is also liable. for exemplary da�ag�s of not less �'r_3n $ICO or morz tran $1,000 �for each violetion. Thz city or re- sponsibl� authority m� b� �aJOined ag3inst violation by the district court. Action m�y ba bro�.�ht in the couxat� arhpre t'r.e person alleging the violation re�ides or in the county in. which the city is located. �+.r�p ��rson rrho tzill�'u.ily Ti�late� a.-�y provision of th� data privacy act is guilty of a . �is�aseancr. Such a v-��a�ion b�r a publ�c eiaployee constitutes just cause for. suspeasion Qrithout pay or d�s�issal. � � Priti-acy Stu�y C�m�ss��n > The 1975 aIR�ll��nt est��i ished � six-r��e�-aber privacy stud;� co�ni�sion to serve until the b�gir.r.i*zg of the 1977 iagis?pyi�e sessioz. Three membsrs were appointed by the Ser.ate co��tee on c�uenit;e?�, ;h:rae by th� Speaker of the House. _ •'�e cc�i��ion is d=re�+ed �c s�udy ali pr.ases of ?�:9 and practice �iith reference to da� oz ind?rid�.als ccllsc:ad, sC�re3, 113°3 or disseminated in the statz in order to determine the s.�3:'!d�rds and pro�euurea in forc2 °or the pr�tectian of private and confideatial �'•a� or indi�-iduals and t� make r2..:rr�e:�3ati�ns �o the legislature. Its rep�rt is due o� iao.emc�r 15, 1976 b+s; it �.�y ma.ke sup�lemer.tary re�rts until 3anuary 15, 1977- ,__-_.� --- _ � �-_.�...�.�. .-_---.----._._.�.__ ! � � : `- r �, ��' �� i , � ' ' c""'"'°"°° CITY OF SAINT PAUL _�`�aTf O�:6 � �;~� ''� OFFICE OF THE CITY CLERK ' 3� Itttlitq ._ �� `n BUREAU OF RECORDS .;,�� w� � F � 40y� ��N _ . n�,,,�,,.,.. 386 City Hall,Saint Paui,Minnesota 55102 GEORGE UTIMER 6�2-298-423� MAYOR � ; March 29, 1979� ; i ; We, the undersigned, acknowledge receipt of the attached notification requesting my presence at a meeting of the St. Paul City Council on Friday, March 30, 1979, at 10:00 A.M. in the City Council Chambers. NAME ADDRESS SIGNATURE Mr. John Bannigan, Jr. Suite 409, � Midwest Federal Bldg. Mr. Joseph Carchedi Room 209, City Hall . � Mr. Earl P. Gray 1805 American National �/� � Bank Bld . �I�'�, �� 8 Mr. William Heine Suite 409, � Midwest Federal Bldg. ; , � � Mr. Ray Perron 101 E. lOth St. I, Chief Richard Rowan 101 E. lOth St. ' Sgt. John Voita 101 E. lOth St. � Lieutenant Weida 101 E. lOth St. Thank you for your cooperation. Yours truly, . �/�t.� I Rose Mix, City Clerk ` ; City of St. Paul, Minnesota � � � , I �G� .��„�„ � CITY OF SAINT PAUL =�_.`�1Tf p�.y' ;� y; OFFICE OF THE CITY CLERK 3 i ii�llltp ia' ;�� BUREAU OF RECORDS ��Q�i'4T��c r� 386 City Hall,Saint Paul,Minnesota 55102 612-298-4231 GEORGE LATIMER MAYOR . March 29, 1979 We, the undersigned, acknowledge receipt of the attached notification requesting my presence at a meeting of the St. Paul City Council on Friday, March 30, 1979, at 10:00 A.M. in the City Council Chambers. N� ADDRESS SIGNA � Mr. John Bannigan, Jr. Suite 409, � Midwest Federal B . Mr. Joseph Carchedi Room 209, City all • � Mr. Earl P. Gray 1805 American Nat onal _ Bank Bldg. � ' i - , - Mr. William fleine Suite 409, Midwest Federal B Mr. Ray Perron 101 E. lOth St. �""� - �' , �z Chief Richard Rowaa 101 E. lOth St. Sgt. John Voita 101 E. lOth St. • �• Lieutenant Weida 101 E. lOth St. , �' Thank you for your cooperation. Yours truly, • �./I'K� _ Rose Mix, City Clerk City of St. Paul, Minnesota �� ' �:�,.��:3��, � # 1 ► ��-� c��.�.: �- �IVi�l0;�1 G� !�°�''��°`SG: � 3I3�f7`�, � f �� ,. PE��Ii/;f°i' �'a"'�.,r,:.i: � .� ,�; , f� ..:)1 :_i-i .. :�� r • ' y Dav�d Hozza, A ing ir • t��h.'�� I .`si�,, l '' �; - � � r� ; MINUTES°OIr'.��,�G�.,rN�F�y,�,I� ��' SAFETY COMMITTEE MEETING OF JANUARY I8, 978 � � 4�. . . . . PRESIDING: D�vid Hozza 1k1EMBERS PRESENT: Robert SyZvester MEMBERS ABSENT: Victor Tedesco (excused absence--out of the city) OTNERS PRESENT: Joseph Carchedi, License Inspector; Beryl Nord, Attorne� for City; Phi.Zip Byrne, Deputy Citz� Attorney; Marilyn Lantry, Legislative Aide; Lois Coakley, Secretary; Court Reporter, and others whose names are Zisted on attendance sheet filed with minutes. ORDER: 9:47 a.m. Sylvester moved approval of minutes of January 11, Z978 meeting. Passed 2-0. 1. Approval of the zssuance of the City-held On-Sa1e Liquor License to the St. Pau1 CounciZ 397, Knights of Columbus, at Z026 W. 7th Street. (Grand Knight Robert J. Barr and Attorne John Bellows, Jr , notified to attend 1 Carchedi said the St. Pau1 Council 397, Knights of Columbus,makes appZication for the On-Sa1e Liquor License presentl,y held by the City of St. Pau1. They have submitted the proper application for this license and they wi11 operate as an • On Sa1e L.iquor establishment at their new location presently under construction at 1026 W. Seventh Street. Carchedi said he had no recommendation because he had conferred with the City Attorney's Off.�,ice, and it is his opinion that his recommendation was made at the CounciZ hearing when he recorranended that both the Kniqhts of Columbus and Bear Construction were satisfactor� to him. SyZvester moved approval of the winner of the Zottery, the Knights of CoZumbus. Passed 2-0. 2. Application for the transfer of the On-Sa1e Liquor License issued to George R. Cook, Inc. at 460 St. Peter Street, to G and M Bar, Inc. at the same address. (John T. Kaufman notified to attend.) Carchedi said that currently On-Sa3e Liquor License No. 9Z57 and Sunday On-Sa1e Liquor License No. Z843, both expiring Januarz� 3Z, 1978, plus miscellaneous � licenses are issued to George R. Cook, Inc. at 460 St. Peter Street, doing business as G & M Lunch and Bar. Carchedi said their records indicate that George R. Cook is President and John T. Kaufman is Vice President, Secretar� and Treasurer. The stock is held by George R. Cook and John T. Kaufman. Notice has bean received as to a change of officers and stockho.Zders in this corporation as we11 as a name change of the corporation. George R, Cook has � resigned as an officer, his stock has been sold to John T. Kaufman and the narne of the corporation has been changed to G and M Bar, Incorporated. Therefore, • John T. Kaufman is the sole officer, holding the offices of President and Secretary and he is the soZe stockholder. The papers have been reviewed and Carchedi reco3nmended approval. Sy�vester moved approval. Passed 2-D. Minutes of License and Public Safety Committee Meeting of January 18, Z978 (page�2) . -�. �3. Pub.Zic hearing on the Building Contractor License .issued to Jerry Nelson Construct.zon Go., Inc. at 927 Rice Street. (Recammended for revoca�ion by the Division of License and Permit. Carchedi said this is a public hearing on his recommendation to revoke Jerry Ne2son contractors license. Marilyn Laz:try explained that she had received a phone calZ from Mr. NeZson late yesterday afternoon. Nelson had toZd her he would be unable to' be at toda�'s hearing because he had just received the notice from Carchedi. He was not abZe to have his attorney in attendance either. Lantry had told Mr. NeZson he wr�uld be granted a week�s delay because of these circumstances. Ne�son said he was going to be out of town until the first of March but Lantrz� tald hirri she doubted the committee would a11ow a Zayover until that date since he intended to remain in bus3ness during that period. Hozza said he would be willing to go along with a week or two delay but unZess he agreed to suspend his business operation he would not 1ay over to March. Carchedi pointed out that there were people from the Minnesota consumer Affairs Office, the �ttorney General's office, Better Business Bureau, HRA and private citizens present today to testif� aqainst Nelson. Carchedi said his office had attempted to notify Nelson not only via regular and registered maiZ but had personally attempted to contact him at his place of business, his girZfriend's house, his answering service, through reZatives and had even taped a notice on his auto. The certified lefiters had come back. Since the regular maiZ did not come back, Carchedi assumed it had been delivered. John Bellows said one of his clients had sued NeZson and that Nelson was presently three months in default on the lawsuit. NeZson does not respond to notices sent to him. • Sylvester said there c'vere two options for the committee: (3) Set a date of hearing for next Wednesday and if Nelson is out of town suspend his Iicense, or (2) use a hearing officer techn.ique which might make it more convenient for people. It should be �ioted there were many people in attendance at this meeting to testify , against Nelson. Hozza said that given the apparent gravity of the situation and because of the notice difficuZties wouZd it be proper - to suspend the Iicense until such time as the hearing was held or what is due pxocess? Byrne responded that if the corrmlittee is going to take negative action aqainst Nelson they should consider if Carchedi had made sufficient attempts to contact Nelson. If, however, Nelson was Zed to believe by Lantry that there would be a Iayover granted,then the committee would have to wait until the proper meeting. Llo�d Green, from the audience, said he has been waiting to collect from Nelson for a lawsuit two years ago. He felt the license should be pu2led. Hozza, apologizing to the people in attendance for their inconvenience, said there is no choice but to Zay it over for one week. He felt if action were taken today the case might be thrown out of court on a technicality and he did not wish to have this happen. Sylvester m�ved to Zay the hearing over until next Wednesday. He directed the License Inspector to make every effort to notify NeZson. Anyone in attendance who is unable to come neJCt Wednesday was to.Zd to submit their testirrbnz� in writing _ and deZiver it to the License Inspector. SyZ vester said if Nelson fails to appear next Wednesday testimony wi11 be taken. Another person fxom the audience said Nelson had not completed the job he had been • hired for and said he should be stopped now. Nei1 Nordland said he had a contract ' Minutes of License and Public Safety Committee Meeting of Januar� 18, 1978 (page 3) r- , signed with Nelson and had given him a.downpayment in Oetober. The work had nat been done. If NeZson's Iicense is revoked he wanted to know about his downpayment. • Eyrne said one possibility would be to get assurances fram Nelson that he wnuld finish up the contracted work. If his license is revolced, however, the matter would be settled in the courts. Vote on motion to lay over to next week passed Z-0. 4. PubZic hearing on the Class C1-Restaurant and Cigarette Licenses issued to Cice.�o F1ood at 264 W. Seventh Street. (Recommended for revocation b� the Division of License and Permit.) � Carchedi said this• is a public hearing on the recoramendation of revocation for FZood's restaurant and cigarette Iicense. Upon questioning by the Chaix, FZood was not in attendance nor was a representative for F1ood at this hearinq. Cazchedi said he saw FZood on Monday of this week when he had an appearance in court. Carchedi had handed Flood a Ietter notifying hirrr of this revocation hearing. Carchedi's office had also qone through the proper proeess of sending a Zetter to FZood at his home address and business address via regular and certified mai1. None of the letters had been returned by the Post Office so Carchedi did not know whether or not they had been delivered. F1ood, when given the letter by Carchedi on Monda�, had signed a card of receipt. Carchedi said FZood had been notified and aware of this hearing and had not contacted him to ask for a de1a� or .la�over. Byrne said the licensee or applicant eannot avoid the hearing by not showing up. As Zong as he had been sent notice and had personal contact the committee can fol�ow the usual procedure of taking supporting evidence as a basis for their actions. The Chair again inqu.ired if F1ood or his representative were present and no one spoke up. • Byrne said the committee could proceed by simply having witnesses swarn and resent P in narrative form what had happened on the dates in question. Carchedi should also testify under oath about the notices sent out and his personal contact with Flood. � Joseph Carchedi, City License Inspector, sworn in. He had sent a notice on December 28, 1977, to F1ood outlining the charges and notifying him of a hearing on January 18th. The letter was sent through regular and certified maiZ to FZood at his home address in Minrieapolis and to his p.Zace of business on West 7th Street. � AZso, on Monday (of this week) at approximately 9 a.m. he had given Flood a copy of the hearing notice. Flood had siqned a card showing-- that he had received the Zetter. (See Exhibit I) Flood had read the letter and gave no indication to Carchedi of whether or not he would be at the hearing today. Officer C. Ke11y was sworn in. He is a poZice officer and was on dutr� fn March of 1976. On March 6, 13, and 14, 1976, he had gone to Cicero's at the request of the Vice Unit. On March 6, he went in to Cieero's about 5:15 and ordered sorr�ething to eat and also asked to be served a drink. Upon asking for a drink a woman told hirn she didn't know what I meant. Cicero came and told KeI.Zy he wouldn't se1l him a drink but wou.Zd give him one. He was given a brandy and water or 7Up. (See Exhibits 2 and 3.) On March 13, fhe sarne thing occurred at two in the morning. F1ood wr�uZdn't se1.Z Ke11y a drink but served hirr2 one. The drink was poured in a coffee cup and where he got it from Ke11y did not know; probably frorre behind the bar. F1ood would nof . accept m�ney. (See Exhibits 4 and 5.) On March 14, Ke.Z1y was again served a drink but FZood refused to take money. • (See Exhibits 6 and 7.) Minutes of License and PubZia Safety Committee Meeting of January I8, Z978 (page 4� On a11 these occasions the drinks tested out with an alcoholic content. He had observed other patrons in the place who he believed had a drink in front of them. He had gone into Cicero's with a female party. " . Michael Aarestad was sworn in. Mr. Aarestad is a private citizen who in August of 1976 agreed to do some work for the vice unit. He had been in C2cero's early in August with some friends and found Cicero's selling Ziquor. He had talked to the police about this and the vice unit asked him if he would be wil.Zing to assist them. On August 12, Z976, he went to Cicero's about 1:30 a.m. and sat down in a booth cZosest to the kitchen window. A waitress named June carr�e over and took his order for a cheeseburger. She also asked him if he wanted anything e1se, .and he ordered a rum and coke. She went into the kitchen and returned with a plastic cup contain- fng the liquor and his food order. He paid for this and then went into the men•s room and put a sample of the Ziquor into a via1. He then ordered another drink arid again took a sampZe. He also was a1.Zowed to take the drink out of the building �n an orange juice container. He gave the container to the police and gave them a statement. (See Exhibit 8.) A few days later on August 14th he went back to Cicero's al�out 1:45 a.m. He went through the same procedure as on the 12th, obtaining a sample far the police. . (See Exhibit 9.) On August 19, he again went to Cicero's and repeated the same procedure. (See Exhibit 10.) On Auqust 20, at about Z2:30 a.m., he met with the vice unit and then went into Cicero's. He went into the back dining room and ordered a rum and coke. There were many peopZe in the restaurant. He obtained a sampZe of his drink which was turned into the vice unit. For aZ.Z drinks he was charged $1.50. A11 of the drinks he ordered tasted like liquor. (See Exhibit Z1.) Aaresfad said he drove a tow truck and had aZways been interested in 1aw enforcement� He had been in an Explorer unit riqht after high schooZ which was interested in police wr�rk. He knew a few of the officers and wanted to let them know about the , problem at Cicero's. He had volunteered for this assignment. It was not done at the request of the police. Exhibit 12 is a copy of the 1ab reports of samples obtained. The�y show six sainpZes in excess of 3.2� alcohol. Ray Perron, State Crime Bureau, was sworn in. In his capacity with the Bureau he had assisted the St. Pau1 Police Department in their investigation of Cicero's. /� �� On September 11, 1977, he had entered Cicero's at .i:40 a.m. and ordered a drink y- fronca waiter named Cid. He ordered brandy on the rocks and paid $2.00. He spent ��approximateZy an hour to an hour and a haZf in the place and observed other criminal activity qoing on. He observed numerous prostitutes and pimps, solicitations and � a black female prostitute soliciting a white individuaZ who was drinking in Cicero's. � Arrangerrrents were made with Cicero to rent the back room for prostitution purposes. PHe had p�aid $2.00 for the drinks. He obtained a sampZe of his drink and turned it into the poZice. It anal�zed as containing I8� alcohol. On the 30th of September, he placed an order in Cicero's for a brandy on the rocks and had trouble receiving that drink. He had a direct conversation with Cicero. After the conversation Cicero aqreed to serve him and Cid took his order. The brandy was poured out of a coffee can and put in a plastic cup with ice. This sample analyzed at 18� a1so. Perron said on the first occasion Cicero had accepted payment for the drink but not on the second occasion. - On the 30th, it was a busy night and he observed probably seven to eight prostitutes in Cicero's. He was propositioned twice. He decZined this service on two occasions• and also observed two girls make arrangernents with men and also Iease the back room facilities from Cicero for prostitution. The rooms are located in back of the , kitchen and rent for $7 to $.ID. He saw girls go through the kitchen and on one _ occasion when the girl had departed from the kitchen she ca2led Cicero aside and " Minutes of License and Public Sa�ety Committee Meeting of January 18, Z978 (page 5) � � , gave him money. Cicero gave the girl change. From his experience with police work he stated this was a normal procedure for prostitution. .Ft was his opinion from experience and observation that prostitution was qoing on. He had observed pimps • asking people if they wanted a "date." They made arrangements for $l0 to $30. Perron was asked to relate the circumstances of his beinq propositioned. He said he believed he bought both girls a drink and they asked if he would Iike s date. When he asked them what a "date" meant they had told him you know. When he inquired how much it would cost they said they could negotiate a fee of $20 to $30 depending on what he wanted. Since he was not in Cicero's because of prostitution he simply decZined a11 offers. He believed Cicero was ver� cognizant of this activity. Cicero later determzned he was a police officer because someone from Mirineapolis had informed him. He also observed teenage prostitutes served alcohoZ and going into the back roo�. Br�rne advised the corr¢n.ittee that the onl� alZegation made against Cicero was for allowing prostitution on October 27. These other dates referred to would merely serve to establish the credibility of what took place on fhe 27th. (See Exhibit 13 for copies of Perron's reports.) Officer Edwin Lundholm was sworn in. He had gone into Cicero's on October 15 and 22, 1977. On October 15, he and officer Jerry Brown and two females went into Cicero's. They entered the place at approximateZy I:IS a.m. They went to the restaurant part and sat in a booth. They were two booths away from the kitchen. The� were qiven znenus and ordered food and asked for drinks. Their waitress said she wasn't aZlowed to serve drinks but she did ask another female in the restaurant if it was O.K. This other woman, June Patterson, shQOk her head no and their waitress did not come back to their tab.Ze for 15 minutes. When their waitress did return they again asked for drinks and she toZd them she would have to check With Cid Feltha. Cid came to • their table and said he didn't know them. When Bmwn said they had been in there before Cid changed his expression and said "now I remember you guys." The� then were served two beers and two scotch and waters. They paid $8.00 for the four drinks. They tasted the drinks which tasted like aZcohol. They obtained samples of three drin.j�s while they 'were in Cicero's. Lundholm observed drinks beinq served at a booth behind them. They also observed in a booth to the rear of them a femaZe who was apparentZy passed out. He returned to Cicero`s on October 22 with Brown and two other females about 2 a.m. The� again ordered ar2d were served drinks. They paid $2.00 for each drink and obtained samples. They observed four or five prostitutes sitting - to the Ieft of them and aZso observed a table with four persons drinking. The Iab report on both occasions indicated an alcoho2 content of from 3.5 to 19�. (See Exhibit 14.) Sgt. Mark Jessen was sworn in. He supervised the raids on Cicero's in t�he early part of 1976 when Officer KeZly was assigned to vice. Jessen had prepared the search warrants and 1ed the raid on August 20, 1976. During that raid he had seized alcoho.Z and spme business papers on the premises. The day after the raid Officer Fecky prepared another search warrant and recovered addit�onal Ziquor. As a result of a raid on September 17, 1976, Flood and June Patterson were charged with liquor violations and pled guilty to the charge. Flood was on probation from November 8, 1976 to November, 1977. Exhibits .Z5 and 16 are poZice reports by Jessen. After Patterson was cha�ged she never sold liquor but did work at Cicero's. F1ood p.Zea bargained on a charge of selling liquor without a license. � Policeman Jerry Browrs was in court testifying and unable to appear at this License Committee meeting. Byrne explained, horetever, that his report could be summarized by Beryl Nord and entered as evidence for the record. Nord summarized the reports , stating on October 27, 1977, Brown went to Cicero�s at approximately 2:30 a.m. and ordered breakfast. A girl sat down with him and then she went away and came back . � • -� �t.�nutes of License and Public Safety Coinmittee Meeting of January Z8, 2978 (page 6) itnd asked if he was "dating." When he said he could spend $20 she asked if l�e couTd make it $30 as Cicero r,�ouZd be paid out of the ,�30. She went back to talk • to C.id but did not come back. A whife male approached Brown and asked him if he was looking for some action and Brown said yes. The ma.Ze said he knew of a girl. Another ma.Ie came in and quoted prices to Brown and said he would talk to the gxrZs. This ma.n went away and Zater the man (identified as Joseph Kekedakis) came back in with a woman identified as Lydia Garcia. When he told the girl he wouZd spend $30 she went into the kitchen and talked to Cicero. Kekedakis told Brown there would be an extra $7 charge for Cicero. Kekedakis asked for an I.D. from Brawn. Garcia came back and Zed Brown to a back room. She said she had to have the iraoney first - $30 for her and $7 for Cicero. Brown said he didn`t want to catah anything and asked if she wau1S strip and dance for him, which she did. She danced through two songs and then got dressed and Ieft. Brown turned in drink sampZes and the place was raided right after that. (See Exhibit 17 for Brown report�and Zab analysis which showed 30� a3cohoZ content of sample.) Sgt. John Voita sworn in. On October 27, 1977, after Brown had Zeft Cicero's the place was raided. He interviewed Lydia Garcia in the Ramsey County jail in the aarning. He advised her of her rights which she said she understood. She told Voita there was no evidence on which she could be convicted because no money was seized. Voita explained a1Z that was necessary for a prostitution charge was that she agree to perform a service for a price. She said she wanted to contact her Zawyer but did not wish to have the record show she refused to talk to hirrr. She then said she would talk to Voita. She said she had propositioned Brown but this raas the first time she had done such a thing. She f�rst 1ed Voita to .believe that Cicero was paid for the room and then retracted the statement. Voita said, referring to Brown's report, that the first qirZ who appro�ched Brown • was a juveni.Ze who was charged with prostitutian. Garcia is of age. The juvenile was given permission b� her probation officer to Iive in her own residence. Exhibit I8 is a copy of Voita's police report. !� Exhibit 19 is a copy of Police Officer C. Anderson's report dated Septe�r .Z7, 1976. It relates how he and Officer G. Brown obtained drinks in Cicero's. Exhibit I9 is a cop� of this report. Carchedi recommended a revocation of F1ood's restaurant and cigarette Zicenses. Sy1 vester said, based on the great weight of evidence presented, he wouZd move revocation of the Zicenses. He also said Flood should be told that he has a right of elocution before the CounciZ when the Council votes on revocation. Byrne said he would be sent a draft of the resolution and inforrned of this. Motion passed 2-0. Meeting was adjourned at 10:35 a.m. � au��.�� c� � ��L :rda_ �Fr��,N`NSior, , izas uti v =.si� Y ✓�-vu= `s��'�- �"'^ ST. PAUL. *.7��NE5'.�-� _5:.0� --! - - ��P��y�: (612 J 29G-953G �� '� :.'.�` s, �__/ 4; ,_�� , F.C! 41N�'" . ��T� �� :��Td� DEF'saF.TiW�PJT OF' �''t,�BL1C SArETY Matcch 30, 1979 bUc. Dav-�d H. flozza Cau.nc.i.2. Ptce�s�.derit 0��.�ce a� �he C,i.ty Ca uvcc,i.e C�i.ty Ha,?,e & Cawr�l�.�wse S�. Pau,e, ti{N 5�]02 Dean �fn. Hazza: In yowr. .�e.�tetc a� Mattch 29, 19�9, �au nequ�s�ed Ayerr� Ray Petvcon �� h,i�s agency �c, appecvc cc,t a C.�ty Couitc,i.� mee.t,�ng on Mwi.ch 30. Agewt Pe�vr.an wa,s on a.s�s�,g�imeh,t �.n v�on.thetcn h�i.nne�o�a and did vco� ne.tunv� un�i.� .�a,te at h,i.gh,t av� ti4anch 29. He � dirscu�s�sed �Gce ma,t,tetc w,%th me �n Mcvcch 30 and cva,s �,ws�r.uc.ted 6 y me �a caapefccr,te wi.th �he S�. Pac�,Q. Pa.e,i.ce �.n p,`cepcur.ct�',i:an a� gev�etca,2 n�spawse�s bcr� wa.s �.o� �a petu�ana.P.2y appecuc 6e{�atce �he C.c�y Caunc.i,2. uvLt,i.e I had g-�ven �cvr�heh. ca��.defcc�.an �a �he ma�elr.. we wa.wt �a co�petcc�te �.n a.?.2 px��e�r, cuay�s �a ne�sa.2ve any a.P.�ega.#,i.ows a� ,i.mpnapn,i.e�';i.e�s an v�.a2c�t,i.or►� a� .P_a�v. Gle w.i:e,2 ne�s�and a� nece�s�scvcy �o �speci.��.c que�s�',i.ovr� abau,t �nvaQvemer� on. ae�.v-i.t,i.e� a{� a�vc agevc� �.n cUS�S-i��;c:�iy �Gce S�. Pau.2 Po.�.i.ee �,n �he,ilc �.nve�s�gcc.�.an. S-ineeh.e,ey, �� ' Pau,e J. T�5 ch,i.da Supeh,i,vr�endevr� PJT/j� AN F_QUAL CPr GRTU;.;�-.� ; ,�-h-!pLOYrcr-r2 CITY OF SAINT PAUL OFFICE OF TAl� CITY COIINCIL � ... ........ n.. DAVID H. HOZZA Councilman .._...- ---- ---�- . The Citq Council officially requests that you be present at its meeting on Friday, March 30, at 10:00 a.m. in City Council chambers. After a verq brief discussion today of the on-going liquor license investigation and this week's revelations of unusual investigatory techniques, the Council voted to hold the meeting on Friday to hear any relevant testimony on the issue. The Council intends to take sworn testimo�r from any and all persons who wish to make statements about recent allegations of improprieties in the investigation and possible violations of licensing procedures. Anyone wish- . ing to be represented by an attorneq may do so. .�, After taking testimony, the Council intends to discuss possible courses of action which could be taken. � ! incer y � / avid A. H za uncil Pre ident D�fiH:ls CITY HALL SEVENTH FLOOR SAINT PAUL, MiNNESOTA 55102 612/298-d646 , �� c f� f�ITY OF SAINT PAUL :� OFFICE OF THF. CITY COIINCIL � "..... .E '� N�� . N�� t • �� '� ��a' DAVID H. HOZZA Councilman ....,._ ---• ---� _ _ The City Council officially requests that you be present at its meeting on �Yiday, March 30, at 10:00 a.m. in City Council chambers. After a very brief discussion todaq of the on-going liquor license investigation and this week's revelations of unusual investigatory techniques, the Council voted to hold the meeting on Friday to hear any relevant testimony on the issue. The Council intends to take sworn testimoiry from any and all persons who wish to make statements about recent allegations of improprieties in the investigation and possible violations of licensing procedures. Anyone wish- ing to be represented by an attomey may do so. After taking testimony, the Council intends to discuss possible courses of action which could be taken. ! incer y � / avid A. H za uncil President DHH:ls � . CiTY HALL SEVENTH FLOOR SAIAIT PAUL, MINNESOTA 55102 612/298-4646 �� ;'�J�,,,, �� ,. ;� +�"`��'�� , , :� � a' department, and t t `�ts inquiry is being underta�en to determine whether any such C uncil action is necessary; an� WHEREAS, the Co ncil is aware that there re two cases involving search warr nts executed by the pol ce department pending before the Supreme Co t of the State of Mi esota, and a criminal charge pending in Rams County District Co rt, and in no way wishes to interfere wit or jeopardize ma.t ers properly before judicial tribunals for d ision; and 4�HEREAS, the Council elieves that the investigation should properly be done by an atto ney, whose �egal training and background qualifies him to take statem nts unde oath, prepare findings of fact and conclusions on matte s unde investigation, and to ma.ke recommendations on possible 1 isla ive or council actions to remedy any problems or shortco 'ng , as well as to seek subpoenas where necessary; and WHEREAS, the City Attorney a daily basis represents the Saint Paul Police Department a ts officers, as well as many other city officials and depar men s including the License and Permit Division, and feels it �woul be more appropriate because of the special and unusual c' cumst ces o� the allegations in- volving the police departme to app 'nt special counsel for this inquiry; and f 1, WHEREAS, the City At�orney has re ested by reason of special circumstances that the Cduncil appoint pecial counsel to carry out the inquiry as deli�ieated herein; n , therefore, be it RESOLVED, that th�e scope of the inqu'ry by, and the duties of special �counsel sh'all be to take testi ony, under oath and recorded by a court ;reporter, concerning a y allegations or charges of misconduct, impr,bprieties, ma.lfeasance misfeasance, lack of good judgment, or iriolation of police regul tions by police officials or any ity official or employee � connection with the liquor license i estigation; to take testim ny relative to the responses to suc charges and allegations; t take testimony con- cerning the sup vision, and adequacy thereo of those officers and agents cond cting the investigation (incl ding state agents assigned to or sisting in the investigation) to prepare find- ings of fact and conclusions as to the truth o falsity insofar as possible of the above ma.tters; and to ma.ke s ch recommendations for legislative or other proper Council action a ma.y in the judgment of the special counsel seem appropriate as based upon all of the testimony taken; and, be it 2. , "�'j��'� � FURTHER RESOLVED, that Richard G. Hunegs is h eby appointed as special co sel in accordance with and subjec to the terms � and conditions i this resolution, and his comp sation therefor is hereby fixed a $125.00 per hour; and, be ' FURTHER� RESOLVE that such compensat' n and all necessary expenses incurred by s ecial counsel in t e course of the inquiry . herein authorized shall be paid by the C' y of Saint Paul from funds provided for that urpose, which all include court reporter, � investigative services, 1 gal assistan e, transcription fees, . duplication fees, and post ge, but sh 1 not include secretarial, . clerical or normal overhea expenses ustornarily reflected in special counsel's hourly ra e; and, e it FURTHER RESOLVED, that s ecia counsel is hereby authorized to apply to District Court in cc rdance with Section 4.07 of the Charter and with existing a , for subpoenas to require the presence of witnesses and the p duction of evidence as may be necessary to carry out the inq ry under the terms and restrictions � of this resolution, as specia c unsel for the Council of the City of Saint Paul; and, be it J FURTHER RESOLVED, tha��'all d positions, transcripts, state- - ments, evidence, exhibits r mater'als received or prepared by . special counsel in the co rse of t is inquiry shall be held as conf idential and not re ased excep as required by law or court order; provided that t report, fin ings, conclusions and recom- mendations submitted provided her 'n shall be public information; and further provided hat evidence of criminal conduct shall be made available to t appropriate pros cuting authority immediately as such evidence become lrnown to sp cial counsel; and, be it FURTHER RESO ED, that after this in uiry is concluded, special counsel all retain a11 such reco ds as specified above in his possessi as special counsel and s ject to the obliga- tions of confi ntiality unless and until di ected otherwise by lawful resolu on of the Council of the City f Saint Paul; and, � be it FURTH RESOLVED, that there shall be one, final report, � submitted to the Mayor and Council of the City o Saint Paul, on " or before , 1979; and, be it 3. � �� , WHITE - CITV CLERK PINK - FINANCE G I TY OF SA I NT PALT L Council CANARV - DEPARTMENT BLUE - MAVOR . F�le NO. Council Resolution Presented By Referred To � Committee: D , Out of Committee By ``� Date .�R) i.�� '� FURTHER RESOLVED, that ecial coun el is hereby authorized to and shall prescribe rules r regulat'ons for the conduct of the investigatian consistent w'th this resolution; and, be it FURTHER RESOLVED, that thi res ution shall be effective upon passage� approval and publi ati�n as required by law� and upon written acceptance by specia ¢ounsel filed with the city clerk. / 4. COUNCILMEN ' Requested by Department of: Yeas Nays � Butler [n Favor Hozza Hunt ' Levine _.;____ A gai n s t BY — Maddox ' Showalter ' Tedesco , Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secreta�ry By By t�pproved by (Vlavor: Date Approved by Mayor for Submission to Council BY - — BY � _ = _ �OV'�TNTO � � 5 � �/'/aint Paul Area Ireland's Finest )Q`�TQ`��j�j Here Oct. 24 � � i � �g The St. Paul branch of �O� �� O � St. Paul Downtowner �5 saiea: Comhaltas Ceoltoiri Eireann � � � shed twice a month and is Charleen BaCigalupo sced co no,000 readers o� Evie Komarek is proud to announce that the �ywavsandb�waysofdow�- Comhaltas champion Sc.Paui. Office Ma�ager: Sandee Cough�in musicians and dancers will Conuibucin9 Wricers: � Performing in concert in �r; � Publisher: Joa�na eaymiller St. Paul at 8:00 PM on � Ronald l.Bacigalupo Joan Siegel TuesdBy, OctObeT 24, 1978 at � Tom Blanton the St. Paul Civic Center Elaine Wagner Theater. All seats are re- Maneging Editor: Sue Rohiand served and tickets are Charleen Bacigalupo Russ Colber available at all Daytons � GeorgePoletes stores, 's Liquor Probe Out Of Gas� Carol Connolly • " Frederick W.Appell,Jr. Comhaltas Ceoltoiri Phoco Editor. Carol Cisek:. Eireann was founded in When we reported over a rnonth ago that the St. Paul liquor probe was Gerald Gustafson David Dorle Ireland as a non-political, James Ross nonsectarian organization to after more than hidden ownership—that the investigation was after arson, A�� 9h,5 reserved. All in-house preserve and promote tradi- bribery, shakedowns and political payoffs—we arrived at that conclusion after Artist-Consultant: �d�+o��ai e��ert meY�o� �,ep�o- tional Irish music and dance. talking to the Mayor and the Chief of Police, one of the investigators from St. duced w�Tho�t �he W�+t�e� pe.m�5- Every year in the fall the Paul vice and lawyers-whose clients had been placed in a guilty until proven George Kam << Sion ot the publisher. Editorialottices:320CedarSt. CO(1]�1a1�5 champion musi- innocent" position by affidavits which were enjoying a sensational vogue in the St.Paul,5510L Tel:27T-5887 cians and dancers tour local press. � Substriptipn�ate-S8.00 pr.r yr. major cities in the United In our interview with Chief Rowan among other things, he told us that States and Canada. Each Harold Mordh was-the sacalled "Mr. X"�mentioned in connection with illegal year there are new per- surepticious wire tapping. Why nobody had identified Mordh before can best be � � .;. formers to join the favorites explained by the fact that few newsmen were talking with Rowan, or, more � � who return each tour and the concert halls are filled with likely,he wasn't talking to them. i . � the very best music Ireland Since that time Mordh has been indicted—after sparring with has to offer. The musicians investigators over the fact issue; did the investigators ask for his services,or did are joined by an amazing he offer them? As far as can be determined, a legal battle will evolve over the group of ch�mpion step warrants used to seize Mordh's personal property; to wit—a sawed off shotgun � � dancers and, for the first and some bugging and surveilance equipment that is probably on the public , time on a Comhaltas tour, market anyway. There are strong indications that none of the goods on Mordh � the Ballybunion Half-set has anything to do with the liquor probe,yet has quite a bit to do with discrediting : performing the lively Kerry his side of the who contacted whom story regarding bugging. polkas. In other words,it looks like a bust with intent to frame Mordh,and thereb Among this year's er- Y p clear the inuestigation of any wrongdoing regarding whatever extent they might ��,r�ham a�th� formers are Jce Burke and arth: `n��ry•H�r John Regan, accordian; have tried to go to in order to justify the cost and manpower being spent on the , ra��bcTS regard M' _ T`i��lhis�'r N.ith ��orc��K��an�,.�ntlu�""��uliona Y n`r Maeve Donnelly and Deirde probe,witchunt or criminal investigation—whatever. dan�eTS�n� �,�;'ry `cT„h""' .,,,a��'""` Shannon fiddle• Conal O It has become increasin 1 evident from other sources that investigators Kccatest cunten�vthat mad' Thcatcr. , , g y r , N'c�ck �n��,mb�n�� N„r��,�°�' Graeda, flute; Eoin O are becoming panicky in an effort to get some goods on anybody connected with �,4�erturn�� rah' tions.ur thc i��rti ti�r��gd�•C' vis��a�Y'p��;�ld: `pi�.�nd s�� Cionnaigh, Uileann pipes; liquor in St.Paul. �nd- .•arc brilliaot, l��on�ti. (or stu�' �1ran��ti C.��u'� �l;�an�� Chris Droney, concertina; 'uT t'c;?3��S�D"`1,��1y� ; ��' j Very few leads are leading anywhere, as investigators, who closet � and Donncha O Muineachain themselves in such remote places as the Radisson South to avoid the press, go )ftu�• MAT�'ouch`r`a`��p�� and Treasa Ni Cheannaigh, about the awful business of trying to get something on their chief �t��p°"�v' � step dancers. . ,�)il }t All proceeds go to the in- �rgets—owners, the license inspector, and political appointees and office � �w��'""`" �� ternational Comhaltas or- holders. • �M�� o r„ - �'�,�°";;`�;'M" '' � anization and the St. Paul ` i�Zost crirninal investigatior�s end vvhen they bring iYidictme"nfs against .. . �.. S,hru..� _ c "'�� \ branch. people who allegedly have broken the law, or they end, when, in the absence of any wrongdoing,public sentiment,fails to support any further activity. , , , � In our conversations five weeks ago, Chief Rowan insisted that charges brought against Finley,Carchedi,and Conroy,were only the tip of the iceberg. Mayor Iatimer said that from what he had observed to date, there was sufficient reason to suspect criminal behavior on the part of people in high places,so that he couldn't personally discourage or end the probe. (At least it would be politically impassible for him to halt something which had been going on for a year,just when this huge iceberg was about to surface.) Latimer had a convenient memory about when and at whose initiative,the investigation started. In fact, it was rolling long before he knew about it, and Delicious Caramel Apple since names of highly placed persons in his government and political party were involved,he sensed that his only posture was to allow it to go forward. � wit�t Raymond Peron, Bureau of Criminal Apprehension, State of Minnesota, � ' joined the probe, and has, to date, caused most of the problems connected with � � ,i � �. .! the investigation. One has to understand the basic underlying mentality of such . ; .• bureaucracies as BCA to begin with,if you would imagine such a probe lasting as � � long as this one has without producing any results. First off, there is a large � In by 10 p o mium being placed on white collar crime in America today.-For all of its � g ry, the criminal justice department of the Federal, State and lgcal law �� /. Out by 4 enforcement ager�cies,has gotten,and perhaps earned,an awesome black eye in — the public•mind.The cry has gone forth—give a guy ten years for stealing a loaf .Y"� of bread,yet some business SOB can steal tens of thousands and he gces free! - = - , So you have hastily, and apparentiy unwittingly, mobilized investigation ' branehes of State Government (BCA) and you have players whose only motive HERE'S TWO SWEET DEALS for getting up in the morning can be to fit someone to the known crimes in the white collar area. The result is the Raymond Peron type investigator, who, . . . delicious Caromel Apples FREE working with local vice people and with the blessing of the Chief of Police and the and beautiful FinnFast colo►prints! M8y0T, swoop down on your town with impunity in order to make sargeant in No. 1: When you bring In your ColOr print film their aureaucratic pecking order. Give them a nursing home scandal, a welfare between now and OCtober 31, the Photo Pros probe,whiskey probe or whatever,and they will have a lot of people"guilty until will give you, absolutely FREE, a delicfous cara- proven innocent." mel apple for your Sweet tooth. No. 2: The Since investigations can be initiated at the slighlest provocation these most beautiful color prints you�ve ever seen days, and the make work apparatus is available and in many cases federally or for your pocket. state funded it becomes a matter of economics and ractical utilit that such Bring in your film by 10 a.m.and your beautiful investigations go forward. P y color prints,will be readY by 4 p.m. the�same What else would those faceless bodies in the corridors of the Bureau of day. Criminal Apprehension do,if they were not conducting a witchunt of some sort or We use KoClak paper for that other?Invasion of the privacy of individuals becomes their makework! FINNicky look. In the case of our city, they moved in on a Police Chief and a Mayor who � ` couldn't pull off a liquor probe without the official seal of the State of Minnesota, • i �ra s With the manpower and money to blow,backing it up. a� After all, Rowan, Latimer and others close to the whiskey situation in St. �A'�' , �basha at fourth Paul before them, couldn t find a thing wrong in the past, and without the new • american nat'1. bank skyway white collar bureaucracies, they couldn't justify the expense of a year long probe. So,what has happened here is pitiful. (Continued on page 61 wner OctoC�er 12, 1978 K, �DOV'�TNTO R� �� 6 Bacigolupo's Column, Continued from page 5 You still have your whiskey probe in St. Paul and as far as we can deter- � 0 O mine, it looks like everybody is trying to cover their owj�red backsides.Else why !r�� not produce a fact? � If the investigators had anything on the aforementioned players, they'd u it. Instead the have indul ed in crude tactics to (per personl rush to tell the ublic abo t , Y g P mora 1 ersi n o n the h ve ast as o s " i The a c n ris s. ��` `:'�:::<::`:;>:::�:': ir w c ;�`;>�;;:::;:;;.�!::>� �:>::::::>::::>:::<:::::>:::::::�:�<::>::::;�::;:i::::::::<:::i:::;::«::: prolong and deepen the o y p �::;::;:;::;::>;>::>:::«:::;� , � :::><'�:� ':�;:;�`:`;>. :::.: . ' 1 records the .;;:.;:� .. , .. . , ev r bod s financia f individuals the have du into e , Y conduct o Y Y . .. `:��.. , Y g ?;:,. .. ,. ;>: c ..... ' 'duals indivi i r n of ''� '::;<;�>:;:-. have caused moments of agony in th e families and ch]d e `?'>:;:�._ � � '::::r > accused, but not found, on the whole range of suspicions which they (the �� /� �� osed to be their mandate. � " ' "� • ( l '��' "' investigators)have supp . .;,, :::;:: .� They have also played their games with the press; Pioneer Press reporter, ' � , _ ?I�: . � George Berans; WCCU TV's Don Shelby and Caroline,Lowe, and yours truly. If �� ; �,;� - � � '--' �^ �"` they had anything on anybody, they wouldn't be playing it so cute with the press. ..;-, �- l ` After all,when 136 burglars were stung in an elaborate dragnet a couple of weeks � •� ;�. , �� ____ � ago, it was the best kept secret in town for nine months. That was because they � � 1 � -_ __ �. - had evidence. `�a `��'��i �'�' � ^ '%�� In the case of the Liquor Probe here, we not only think they lack evidence, �;�, � '—��°�.�° � a-r---� but that they lack candor, honesty and purpose. One can only wonder out loud = , :.,�>. �"°°"� �`� how long such investigations are allowed to go forward before some kind of . " .'�" ��, _ , � result is ascertained.Apparently,Mayor Latimer,has no stomach to prevent the 3 NIGHTS - 4 DAYS NOV 3� - DEC 3 sloppy investigation,and law that is being used in his City. � • • We regret that this newspaper, in an effort to find out who Mr. X was, and r � to find out what was going on in the Liquor Probe five weeks ago, characterized Join Ken Ulberg s - Downtowner s Tour Joseph Carchedi,Fire Chief Conroy and others in terms ascribed to them by the Las Vegas charter includes highest law enforcement officer in the City of St.PauL Since over a month has passed, and none of tihe criminal attributes of • Round trip charter airfare via Ozark or persons in high places have been proven or even hinted at officially, we feel we North Central Airlines DC•9 Jet. (Flights were very definitely sucker punched in an effort to promulgate the "tip of the subject to fuel stop enroute.) iceberg"theory,and to aid and abet the probe. • Round trip transfers between the Las Vegas We think we were missled by the Chief of Police; and that the Mayor of St. Airport and your hotel. Paul was cautiously less than candid with us. • 3 nights hotel accommodations. That is an opinion which awaits the facts. Las Vegas Fun Book with coupons�or food, , Since so many people in this City are now "guilty until proven innocent," gambling, drinks,et�c. - we think that is a fatr opinion,since the probe is now into its second year,and we � have yet to have any facts to support what we heard with our own ears from the Baggage handling at the Las Vegas Airport Mayor and the Chief of Police. and hoteL • All Taxes. Lakeshore P/a ers Announce Audition Ca// • �°�a"'' es�°rted. Y No meals will be served on these flights. Auditionsfor"Rladdinand requiresinginganddancing. Hitt, Mahtomedi, and is the Liquor is available for purchase on all flights. the WonderfulLamp"will be The show which plays annual holiday feature of the Sunday,October 15 at 2 p.m. December 8 through Decem- Lakeshore Players �om- Cal I Now for Reservation and and Monday and Tuesday, ber 23, is directed by Merlin ' munity theater group. ' October 16 and 17 at �he Flight Times. (surprises Ft gifts) � Lakeshore Playhouse, Sixth - and Stewart, White Bear , � ' Lake. y,� The classic children's tale ' ��/ -�h� �f�lrf/ _�� ' dramati2ed by Elizabeth THE ENTERTAI �MENT BROKERS �NC ` .�G�ui,p��N"�Ki �� i'�� Brown Dooley calls for � `"� _ � numerous characters of all EntertaiMment for 1st IVational Bank Arcade — 222-4404 ages. Some parts may . every occasion— . - �..v ,�r R National...b�ut neighborly � �" � � � � �Op We can furnish you� with the right �C/ ; , - kind of, entertainment to comple- ment your function. . .tailored to - The most com- '` ' plete line of � yOVr bud9et. � handcrafted ° weddings, company functions, pottery in the � TW��c�tY a►ee:' � conventions, schools, fairs, . P�„S; � supper clubs and lounges. � "" ; Introducinga a �Q�� US tOdC1y new and com- N ` plete line of � ' kitchen gift v i � JOSEPH FERFARO,PPESIDENT items limported D �� BOB GREEN,OFFICE MANAGER and .g � � handcraftedl. SHIRLEV SHOPE,SALES MANAGER H981Lhy PI8�1L8 � STAN EWALD,BROKER � � a LOOI DIANE LOTHSON,BROKER � 'q ' BOBBVROGERS,BROKEH � �� Open Thurs.,Fri a � � �� ANN REDiNGTON.BROKER - &Sat.till 9 p.m. I� �.�, - y� Eddie Chabot,Broker A Pa� �_! 1326 Grand Ave., St. Paul,Minn. 55105 0 S�."o°vi�t In; 699-7305 First Floor �'�w� �� ` �� :�i. � � ��Ti ,og�,.�,wpa��i46yp , � , SALEIV�� REEN I � � INVER GROVE HEIGHTS SOUTH ROBERT TRAII AT O � � SALEM CHURCH ROAD Gracious quiet living•in a friendly atmosphere on ihe� shore of scenic Schmidt Lake j�st minutes from both � , , loops and the Airport. ENJOY THE: - Quiet concrete construction � � Pleasure of spacious apartments � Wormth of carpeting thruouf • • � Ease of elevators 8 heated underground parking l�x- �ry of an indoor recreation center � ' • • • ADULT 8 FAMILY BUILDINGS � � � / � � NO PETS ACCEPTED . : � 1,2&3 BR APARTMENTS � 5 y-��MIRSCH NOW AVAILABLE � � ' � � � � ' � ' � � � �J Ul�NEWMAry A � • ' IS^�l I COI�MIV 455�-LZ�7 m�h�irn • • •. • : � � � u.� L_J MANAGEMENT • •� .� Downtowner` ' ` ' ' . October 12, 1978 - �—�. :� �'�-- f '��' -- � �DOV'�TTO � �, ��.�., � ' s 5 � i ` � l come into the investigation and was surprised to learn that Rowan had made �' � such a request. He did not learn of the request until last week when a copy of the � � � request was obtained by State Rep. Thomas Ostoff and copied to all parties �� `– �� concerned. �O� � � �� " Ostoff produced the letter, as one might expect a good Eastside politician a� g p O S �� ° to do in an election year to show that St. Paul had invited the investi gation and # °--� probably make some hay about what it might cost. ,;'" � ;` Certain bar owners in St. Paul are genuinely upset over the probe; others could care less and still others are plainly under the gun. The probe is not quite �� „� ' �� " �' as simple as it would appear from what you've been reading in your local - �� : ' �� newspaper. � �� The concerted effort to discredit Ray Perron and local vice-squad officers contains a germ of doubt when you consider the "witch hunt" implication and seige mentality being orchestrated and brought to such a head by those very few Liquor Probe, Mr. X, Your Mayor, and Others liquor dealers who could possibly be implicated. It has been fostered as the absolute truth by concerned and implicated bar State and local investigation of the on sale liquor industry in St. Paul is owners that Perron was a double agent for the CIA in Chile during the brutish uncovering facts and documents and witnesses which testify to more than a and bungled fiasco held there recently. He was a VISTA employee there, ir.fact. mere probe of who owns what bar and who loaned money to whom, and who has He graduated from Cretin High School, Marquette University, and while he violated local and state statutes and ordinances. received only an 8 week training course for his present duty,which began over a After background interviews with persons involved, politicians and layrr year ago in the Minneapolis liquor probe,he's rather bright,kind of off beat, but enforcement persons, we must conclude that criminal indictments will be enough of a bulldog to have himself being lied about by his opponents. forthcoming, and what has been referred to as a petty witch hunt is really a It has been a great all consuming curiosity that Chief Rowan(police) is out hardball game in which the police have taken about as much abuse as they will to get Chief Conroy (fire) in the probe. The Mayor admits that this is the most likely stand for.The handful of on sale license holders who have tried to discredit frequently asked question from people in, around, and outside the liquor probe. investigators; namely the St.Paul Police Vice Squad and Raymond Perron from Conroy's name surfaced over the Patrick Lounge license application—an appli- the Bureau of Crime Apprehension (BCA) seem to be protesting too much, if, in cation, which, by the way, was made out, sworn, and notorized in Carchedi's fact they are clean. office, and is now a subject of great moment for John Finley, County A spectacle of felonious nightmares seems literally oozing from the inves- Commissioner and lawyer,and for Conroy himself,who may have been involved tigation since original affidavits were issued. in more than one license over the past ten years. Conroy's affiliation with This includes our very own"Mr.X." insurance adjusters, and a possible link between fires and paper transactions Mr. X, revealed himself to be Harold Mord, a former campaign manager regarding loans and other involvement in liquor licenses seems to be the St.Paul for Mayor Cohen, and a person who has a rather well known penchant for Police Departmen�'s "depth probe" capacity in the investigation which has snooping and a skillful knowledge of electronic bu�ging equipment. He clearly implicated some high test political appointees, license inspectors and allegedly promised to hand Joseph Carched�' on a platter to invest�gators by local politicians. virtue ot his skill at el�citing such informatior�serepticiously�They didn't tumble The Mayor, like Byrne, McCarty and Cohen before him, must view with for his act, since it would involve felonious�ederal lega�onsequences. They mixed emotions, the hot seat that Conroy is on, since Steve has and still is, the turned his unusual request over to the Ramsey County Attorney's office so that most active political fund raising ticket seller in the city. None of this is a large they would not be guilty of a misprison of a felony,and Mayor Latimer promised revelation to the initiated,of course,and the fact that the local newspaper hasn't to get to the bottom of the Mr. X phenomena post haste. put two and two together,can only be measured in terms of their guild contracts The nature of Mord's request was that he could compromise Carchedi with employees, who also get to go home at night, and therefore do not really and prove payoffs, and other venal favors were being pocketed and accepted by know too much other than street talk about the liquor business in St.Paul. the license inspector. This seemed fishy to Perron and local vice officers since It has always been known that certain bar owners control more than one Mord's close personal friend, Larry Cohen, freed Carchedi's job from an license in this town. In fact, about every five years or so, the local paper does a appointed job to a civil service job, thus giving him absolute pawer over number on that fact. They have not, however, entertained the notion that tens of licensing in St. Paul for the balance of his working years. Carchedi was one of bars have burned to the ground here; that it is the ro ' of license Cohen's more productive a men�whlen Larrv„v�y,as �Vlayor, and throu�h is� ins ctors t s wn b ntributions; that it is a ins ectors re ul�ar shook down bar wners and other license hol ' � matter o o vious fact that the whole unctuous notion of havmg a man insulated This of course is nothing new, unless you also be ieve in the Easter Bunny. What from public circum�pection and review, called a liquor license inspector, and �appeared to be the thrust of Mord's rather bizarre offer was, in the minds of the finally,that such a man neither ha.s ta,be fairr or impartial sim�ly beca�ase he has investigators,a set up where they would agree to Mord's scheme and get caught job immunity, and that you will have human frailty and perhaps even mickey with false info thus discredited in their probe. They thought they were being set mouse as the rule rather than the exception in that kind of situation. up fdr a sucker punch and Perron recommended to Rowan in a report that they It is quite a Catch-22,this whole liquor business, and of course, that is v�ery have no further discussion with Mord, and informed Latimer of the bugging nearly the way it is set up. offer,and Latimer and Hozza vowed to get Mr. X. Whether Hozza knew who Mr. That is w t read such an attention com ellin headline as"Mr. X was is uncertain to this reporter, but the sequence of events would seem to X sou t in liquor nrobe " whe �n � y �nvnivPd in the investi�a ion indicate that Latimer knew when he made his pronouncement, and that he �ws who Mr. X is and that he has already been scratched as an oper'�'a ve played it to the hilt to lend some new and fresh dignity to his rather tardy the probe. Every ody,t at is,except your a� y rag,w o,m or involvement in a liquor probe which had already painstakingly involved his as m ave ere, pen a ew ays � al Chief.of Fire,a Ramsey County Commissioner,his license inspector,and several �e'�, people who were heavy contributors to his past campaigns. "`�'aPe have left a great deal of information out of this story because of its The Mayor was first made aware of a liquor probe in St. Paul in F�bruary delicate nature and its potential to compromise the human rights of people in and of 1978 when Chief Rowan showed him a rather extensive file which had been around this probe. There are, for example, a handful of lawyers in St. Paul who gathered by the vice squad, and asked him if he thought they should continue figure very heavily in liquor transfers, documents, and dealings with City Hall, from that base. Latimer felt at the time that since the file included information the license inspector and the politicians who hold life and death power over gathered on elected officials and highly placed appointees in his government, liquor in St.Paul.They may have to defe��d themselves before it's over. that he should r�ot stop the investigation. That's as far as he thought it would go We think the Mayor has played a Rip Van Winkel role in the matter, and until R.aymond Perron was on the scene. has been less than candid with the local press. Further, that he milked Mr. X Perron investigated liquor irregularities in Minneapolis and came up with while knowing all along, the facts,implications and alleged nature of Dr. Mord's two indictments. Both were tried and aquitted. Rowan requested in a meeting fatuous role in the probe. We think he protected his DFL pal Cohen on that as a with state liquor people that BCA investigators join him, and he asked for matter of personal privilege, and at the expense of coming forward, when he Perron, after checking Perron's track record in Minneapolis with their deputy knew it would come sooner or later anyway. chief Quinn. Perron's particular skill was in chasing down the "paper trail," i.e. In concluding then,suffice to rest assured that, while it is being called a documents.Rowan's request was sent along in a letter to the BCA. liquor probe, the stuff the investigation is made of is perjury, arson, bribery, Mayor Latimer had said earlier that St. Paul did not invite the state to political shakedowns,payoffs,and income tax evasion. _ i Save The Met at c��c cente� Fans Against a New Stadium r r F ir matches Ca ee Job a The Save The Met tractors and teams that have Ticket holders will in- private businesses should • • committee is an organiza- the most to gain — have the creasingly be the wealthy of share this burden. ,,0� S��I�S WI�� COI�p�nIEiS tion of fans who are opposed staffs and financial clout to businesses. Save The Met is to the construction of a new effectively lobby their case. The debt from the con- circulating a petition which stadium in the metropolitan Save The Met is doing the struction of a new stadium will be presented to the A unique Career Job Fair no private firm has ever put area. They support the reno- same for the fans and tax- would be paid from operat- Sports Commission in the designed to match com- as many companies and vation of the Met as the most payers. ing revenues and the special fall'. The petition calls for a panies with job-seekers from people together under one practical and economic on-sale liquor tax already in renovation of the Met rather a variety of backgrounds roof at one time in such a job alternative available. Save The N1et believes that effect in the metro area. than the construction of a will take place Monday and matchmaking venture. cost overruns and operat- Ticket prices can be raised new, multi-million dollar Tuesday, September 25 and Save The 1VIet was formed ing de[icits are likely to to increase revenues and the facility. Citizens can con- 26, af the Civic Center Audi- There will be more than 50 to express the concerns of come from khe construction liquor tax can be stiffened to tact Save The Met at P.O. torium,St.Paul,MN. companies represented at many of the citizens an�fans of a new sports facility. In- make up any differences. Box 4462, St. Paul, MN. the Career Job Fair. of the state. Its members creasing seating capacity to The fans have no say in these 55104 For petitions to circu- Hours are 9 a.m. to 7 p.m. Features of the Fair include believe that their interests 55,000 will increase the matters. And, if these late in their communities. September 25,and 9 a.m.to 5 opportunities for on-the-spot are not being adequately likelihood of television revenues should prove The support of.citizens and p.m.September26. interviews between represented before the blackouts and assure higher insufficient,the taxpayers of fans from throughout the individuals and leading busi- Metropolitan Sports ticket prices. Fans who the state will be ultimately state is essential ta counter The upcoming St. Paul nesses; self-development Facilities Commis�ion. The cannot afford the ticket price required to pay off the the pcessure being applied event is said to be unique as seminars, private meeting strong supporters of a new will lose. the opportunity to bonds. -At the very by an organized group of a result of its scope. To the facilities, and a career stadium — the teams, con- watch the event from home. minimum, the teams and stadium supporters. knowledge of the sponsor, reference guide. Oowntowner Septerrlber 7,1978 � I - _ , � 6 �DC�V'�TNTO � Candidate Says Abstract Clerk's Job Saves Cit Mone ' � � � � � � � � � � � � Y Y Speaking to a group of competitive. He cited �� campaign workers at the Hennepin County as an home of Ray Goneau,3076 N. example of the financial . i oe . Lexington Avenue, Warren impact of not having a public �� ,� ° o �° Schmitt stated that the abstract clerk: the Hab-a Bu v o � o� �° '� � e f f i c i e n t a n d e c o n o m i c m i n i m u m c o s t o f f u r n i s h i n g � �° � o ,�-� operation of the office of a new abstract is $250.00 in . � �� . Abstract Clerk in Ramsey Hennepin County, whereas on a VVhole � e , Coanty is important to all of his office is permitted to . its citizens. Schmitt said: charge a maximum of.$90.00 '. . "Of the proposed 1979 in Ramsey County. � • County budget, 523,729.00 is Schmitt had 33 years Sandvv�ch I allocated to the office of the experience as an abstracter � • ( . Abstract Clerk, a small part and is the only one of the � '. , Q ;-: o o f t he cos t o f t he opera tion o f eig h t can di da tes w ho has ,r °' , O this important office. My had any abstracting ex- a `,..� . 1979 payroll alone is perience. The money bud- estimated at $135,000.00, all geted by Ramsey County .. of which must be financed for the Abstract Clerk . . from fees generated by the is primarily used for office." schmitt stated that telephone service, office The Hab's habing a special. When you present this coupon, you get 50� ofE one of the most important supplies, copying ser- � functions of his oceice is to vices, partial wages of . any sandwich on the Hab's menu. But you habe to habe this coupon. Be- proviae a quick source o[ employee whose principal cause the folks at the Hab habe to get in the habit oE keeping track oE who's information as to record function is to answer without habing what. •So stop in the Hab, habe a sandwich, habe an extra 50� in , owners of abstract property, charge telephone inquiries in answer to telephone in- from the public and to daily your pocket, and habe all the peanuts you can eat. �The Hab. It's a good quiries from citizens, and to post entries of documents as habit to habe. maintain a complete they are. filed with the . ��e a,re�a�� ,�ie.�r ■ reference system to every Ramsey County Recorder." � ,►.-� document affecting abstract Schmitt insisted that this is a property thaf has ever been good deal for the Ramsey filed in Ramsey County. County taxpayer as the 1501 Washington Avenue South, Minneapolis�395 Wabasha Street, St.Paul�45 South Seventh Street, Minneapolis SPD "Without this service", value of the services per- Schmitt stated,"the average formed for the public greatly ■ `Bring this Coupon. Offer expires September 30, �97$' ■ citizen and even lawyers exceeds the public moneys • would have a great deal of that are budgeted for the difficulty in checking owner- ofiice. ships and mortgages and other claims against property". Schmitt said that his office also serves as a means of keeping abstract charges within reasonable � � limits as his fees are set by �rj�� h�� +, �:�;;* A whole lot of convenience the Legislature and the other I�IJ ��.� without a whole lot of cost. abstracters must meet this � T Heard that Kellogg Square is expens�ve? price range ro be , � U� .,,�,t' :: - T'hen hear this: Studios with lots of ,<.;�;>::<:.;,::;::• ,,, living space start at $275 per month. --.-Cj71'IStrYIaS 111 �j , � ' °:� � Big one-bedroom layouts start at September Sale �V ��L $340. And all utilities (except phone) are included! Studios, 1, 2 and 3 , at Wilder Center j ��n � bedroom apartments still available. On September 14th, senior �•J1 Whether you took the quiz or citizens of the Wilder Senior - not, you ve just won a free tour! Citizens Center and the Sales to downtown block-after-block of Drop by on your noon hour and we'll Shop wlll be selling their Guess the Sk wa walkin times from hand-crafted items at 349 Y Y � offices, shops and stores. show you around.Or stop in anytime: . Kellogg Squarc to: Washington Street—across 1.lst National Bank...:. .—Min,_se�. Hike home for lunch, addle �^'eekdays 9:30-6; Saturdays 10-4; from Rice Park. The Sale p Sundays 12-6. 111 E.Kellogg at the 2.Pederal Courts E3uildin�;._Min,_Sec. tennlS�1 SWllll Ol' d S1lOOZe. will be held from 10 AM to 2 Robert St. bridge. 227-9224. 3.Osborn Building:... . .. Min,—Sec. PM in the Wilder Center 4.S�.I�aul Athlec�c Club. . . Min,—se�. Work out on the paddle tennis courts. � auditorium and lounge. Catch a uick sandwich.Pick ourself- ,�,,,x,�;�,%M��x� � � � S.Dayton's... . . . . . . ._Min,—Sec. � y � Among the items to be sold up with a plunge in the indoor pool. �"�4�#j°��'��, � ��; will be Christmas tree orna- s�'°°'."°�"","°"°�is 5„"°'"'9 ib `F'°°a" ,.''��r�'��s��#� � � g'sa�nuiw o�f .a�nu�w t(��spuo�as p�•a�nww t �t Or simply sack out and renew yourself . s,�;,,��,�{,�,� :. ments, jewelry, macrame, for the lon�afternoon. Summer or x��"g��8�.�' �_ : rosemaling, cutGing boards, �' ��"'��n�r�j � : � winter, noon or night,you're home >�a�,,,�� . hand-knit and crocheted Convenient? T}'lats 40 extra I �m�xa.s�c�,��, � in a matter of minutes when `�s�� , articles, oil paintings and 8�� g p winks, a 2nd cup of coffee. you]ive at Kellogg Square � �g� ��z�� ice-fishin oles. IE ou work downtown—wh not live I �Y��„ ' ' �,� ; �� downtown? No traEfic to fi ht J a:'�`�''�•��`� Y{k Fall Perm Spedal g '"�" �� =��aa ' No parking to pay. No gas to burn up. � ��tag��.��xa��.: '� : �,; � was s2500 And you can relax at home until the _ �;�,��aa��; tr�: a# . a�q�an ' H O w �, 495 ' last minute before you stroll A�e� ��; � _ ' through all-�veather skyways. � 2�r�'�� With�Coupon�Clip ond Sove ' Ke��O S ltaC� is ��x��t��a� ' Gift Certificates Available. ' �� q i �a��a�3�x cc�nnected t�{��'��.�,�, � t , ' � �g ; . � �� , R�,�� $��, �. - �.., '„r 1 . � ' �'' ' ,� � ,.,�. ... � # E��d� �x�. •: , J � $;; �� g � 4� � � ��: ae�� R�� a�'� � ' �, ry` aa� '�" & � ,. , ,; a � � � } k �� . . _ � � � , � �� &�¢�� R� $; :. 3 ' ' l �. :�+ .:... ....` . .' �.�,#°�'8°t 4� t� \ � � � ' �` y � '� / a: ��:: ' � ��''��: �� : , ' ..`: �., .,:�.,. � .. .,:. ; . � : . � . ..... .. � NEAL NORDLUND ` ' , PROPRIETOR ' � f.��,,.� •F. ,• _ f I' , �,_ ��ARNELIAN� ,o�.-=� : . � � � .: : n�. ...:�v.;n..�....... �., . . �N � OPMffUMRY �' .x Y E.-!': S:: . ' � `'.7�4'.�'.,8!°8s,`."'. 1 Beauty � � 1 (— 1 } KELLOGG SQUARE ' S�I�OI�I ' / APARTMENTS ' 445 Cedar-222-5881 ' � "down by the riverside" � 15 STYLISTS � �— � I T�O SERVE YOU I � - - / -� �-� 'OowMown 35 rears -/ I�� ti Downtowner September 7, 1978