04-16�l� � �TI �TG� `Y"�
RESOLUTION
SAINT��¢J�, MINNESOTA
Presented
Referred To
1
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Council File # �J___�-_L�j
Green Sheet # ����
Committee
Saint Paul City Council Bill of Rights Defense Resolution
Affirmiug the Principles of Federalism and Civil Liberties
Adapted from the National League of Cities Bill of Rights Defense Resolution
4 VVHEREAS, the Council of the City of St. Paul believes there is no inherent conflict between national
5 security and the preservation of liberty, and affirms its strong support of the rights of Americans to be
6 both safe and free; and
7 WHEREAS, the Council of the City of St. Paul recognizes the Constitution of the United States as our
8 nation's charter of liberty, and that the Bill of Rights enshrines the fundamental and inalienable rights
9 of America, including the freedoms of speech, religion, assembly, privacy; and
10 WHEREAS, the Council of the CiTy of St. Paul has a distinguished �ecard of upholding the
11 Constitution, and the Bill of Rights, and safeguarding the freedoms and rights of American residents;
12 and
13 WHEREAS, on September 11, 2001 terrorists from abroad attacked the United States by
14 commandeering four commercial airliners, and destroyed the World Trade Center in New Yark,
15 significantly damaged the Pentagon, and caused a jetliner crash resulting in significant civilian
16 casualties; and
17 WHEREAS, t�'�e terrorist attack was an attack on a nation that is home to a diverse popalation and
18 plunged the nation into deep concern regarding its national security and vulnerability to future attacks;
19 and
20 WHEREAS, the Council of the City of St. Paul condemns all terrorist acts wherever occurring; and
21 WHEREAS, the St. Paul City Charter believes that efforts to prevent and respond to acts of terrorism
22 require extensive coordination, cooperation, and accountability among the federal, state, and local level;
23 and
24 WHEREAS, the St. Paul City Charter recognizes that protecting our citizens against future terrorist
25 attacks requires the federal government to aggressively pursue potential terrorists but these efforts to
26 combat terrarism should not disproportionately infringe on the essential civil rights and liberties of the
27 people of the United States; and
1
o� ic
1 WHEREAS, the prevention of future terrorists attacks is a critical national priority, but it is equally
2 important to preserve the fundamental civil liberties and personal freedoms embodied in the Bill of
3 Rights over 200 years ago, and which have been preserved through a constant vigilance against periodic
4 threats to its principles; and
5 WHEREAS, in response to the tenorist attacks, on October 26, 2001, the United States Congress
6 passed, and President Bush signed into law, the USA PATRIOT Act, an acronym for "Uniting and
7 Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism,"
8 by a Senate vote of 98-1 and House of Representative vote of 357-66; and
9 WHEREAS, the Council of the City of St. Paul believes that a number of provisions of the USA
10 PATRIOT Act threaten fundamental rights and civil liberties, including:
11 § Section 206 which effectively eliminates judicial supervision of telephone and internet surveillance;
12 § Section 213 which permits law enforcement to perform searches with no one present and to delay
13 notification of the search of a citizen's home;
14 § Section 215 which permits the FBI Director to seek records from bookstores and libraries including
15 books of patrons based on minimal evidence of wrongdoing and prohibits librarians and bookstore
16 employees from disclosing the fact that they have been ordered to produce such documents;
17 § Section 218 which amends the "probable cause" requirement before conducting secret searches or
18 surveillance to obtain evidence of a crime;
19 § Sections 215, 218, 358, and 508 which permit law enforcement authorities to haue broad access to
20 sensitive mental health, library, business, financial, and educational records despite the existence of
21 previously adopted state and federal laws which were intended to strengthen the protection of these
22 types of records;
23 § Sections 411 and 412 which give the Secretary of State broad powers to designate domestic groups as
24 "terrorist organizations" and the Attorney General power to subject immigrants to indefinite detention
25 or deportation even if no crime has been committed and may encourage ethnic, religious and racial
26 profiling; and
27 § Sections 507 and 508 which impose an unfunded mandate on state and local public universities who
28 must collect information on students that may be of interest to the Attorney General;
29 WIIEREAS, municipal governments' budgets across the nation are strained and these added duties
30 constitute unfunded mandates on cities' police Deparhnents, libraries, universities, etc. that cities
31 cannot financially absorb; and
32 WIIEREAS, new legislation has been drafted entitled the Domestic Security Enhancement Act (DSEA)
33 (also known as PATE�IOT II) which contains numerous new sweeping law enforcement and
34 intelligence gathering powers, many of which are not related to terrorism, and which would severely
35 dilute, if not undermine, many basic constitutional rights; and
2
O� ��
1 WI�REAS, in response to the ttu�eats against civil liberties embodied in certain provisions of the
2 PATRIOT ACT, legislation has been introduced in the House and Senate that would roll back certain
3 provisions of the PATRIOT ACT.
4 T'HEREFORE BE IT RESOLVED, that the Council of the City of St. Paul supports the United States'
5 campaign against terrorism, but the St. Paul City Charter affirms its commitment to the United States
6 Constitution and respective state constitutions;
7 BE IT FUR'I`IIER RESOLVED, that the Council of the City of St. Paul urges the President, and
8 executive branch members to review, revise and rescind executive orders and policies adopted since the
9 terrorist attacks, that limit or compromise the liberties guaranteed by the Constitution and the Bill of
10 Rights, such as E.O. 13228; M.O. 11/13/O1; 28 CFR 5013; Attorney GeneraPs Guidelines, May 30,
11 2002; and Attorney General's Memorandum, Oct. 12, 2001;
12 BE IT FURTHER RESOLVED, that the Council of the City of St. Paul urges Congress to review and
13 revise particular provisions of the Homeland Security Act that limit or compromise the liberties
14 guaranteed by the Constitution and the Bill of Rights, such as Title II; Title VIII, Subtitle I; and Section
15 214.
16 BE IT FURTHER I2ESOLVED, that the Council of the City of St. Paul strongly urges the United States
17 Congress to amend the PATRIOT ACT in order to restore and protect our nation's fundamental and
18 inalienable rights and liberties;
19 BE IT FURTHER RESOLVED, that the Council of the City of St. Paul supports the "Freedom to Read
20 Protection Act of 2003" that would reinstate legal standards for libraries and bookstores and the
21 Protecting the Rights of Individuals Act which would require a court order before conducting electronic
22 surveillance;
23 BE IT FURTHER RESOLVED, the Council of the City of St. Paul supports the sunset of key
24 provisions of the PATRIOT Act and increased Congressional oversight over the role of the agencies
25 responsible for enforcing the law;
26 BE IT FURTHER RESOLVED, the Council of the City of St. Paul calls on Congress, the Deparhnent
27 of Homeland Security, and other related agencies to partner with cities to protect our hometowns while
28 simultaneously preserving the liberties of Americans;
29 BE IT FURTF3ER RESOLVED, the Council of the City of St. Paul reaffirms the efforts of the St. Paul
30 Police Department to prevent racial profiling according to the policy adopted on July 11, 2001 and
31 consistent with the mediated agreement executed on June 20, 2001 between the St. Paul Police
32 Deparhnent and St. Paul Chapter of the NAACP.
3
4.�/G
1 BE IT FURT`HER RESOLVED, that the City Clerk transmit a copy of this resolution to the
(1) Secretary ofthe United States Senate,
(2) Secretary of the United States House of Representative,
(3) President of the United States,
(4) Attorney General of the United States,
(5) Secretary of the Homeland Security Depariment of the United States,
(6) Presiding Officers of the Senate and House of Representatives of the Legislahzre of the State
of Minnesota,
(7) Attorney General of the State of Mimiesota,
(8) Governor of the State of Minnesota,
(9) United States Senators representing the State of Minnesota,
(10) United States Representatives representing the residents of St. Paul,
(11) St. Paul Chief of Police,
(12) Sheriff of Ramsey County,
(13) Director ofthe St. Paul Library, and
(14) Mayor of St. Paul.
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Yeas Na s Absent
Benanav Y/'
Bostrom ,/
Harris ✓
Helgen ,/
Lantry �
Montgomery �
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AdoptedbyCouncfl: Date �( �VU�
Adoption Certified by Council cretary
Requested by Deparhnent of:
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Form Approved by City Attomey
�
Approved by Mayor for Submission to Council
By: � By:
Approved by M yor: Date
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GREEN SHEET No 205203
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CITY OF
Refesed To
1
2 Whereas, the first ten Auiendmer
3 individual rights and liberh�s; and
4 Whereas, individual rights and
NESOTA
�2
Bill of Rights Defense Resolution
Committee Date
to the United States Constitution, known as the Bill of Rights, guarantee
are further protected by internationallaw; and
5 Whereas, Article I, Section 1 of the�Bill of Rights of the Constitution of the State of Minnesota declares that
6 Govemment is instituted for the secu�r'r�y, benefit and protection of the people, in whom all political power is
7 inherent, together with the right to alter, r�dify ar reform government whenever required by the public good; and
8
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Whereas, the Bill of Rights of the Constitutio of
- Freedom of speech, association, religion,
- Privacy and against unreasonable searches
- Due Process and Equal Protection of law; ,
- The Rights of an accused citizen or alien in
and
the State of Minnesota fiirther protects and guarantees:
�d the press;
a�d seizures;
including a public and speedy trial by jury;
14 Whereas, the federal laws, regulations, and directives enumerate Ilerein violate the rights and liberties set forth in
15 the Constitutions of the United States and of the State of Minnesot�and
16 Whereas, Sea 1.03 of the St. Paul City Charter provides that he city sh�a�l have all powers which it may now or
17 hereafter be possible for a municipal corporation in this state to exercise ����:armony with the Constitution of the
18 State of Minnesota and of the United States; and ��,
19 Whereas, Sec. 1.04 of the St. Paul City Charter provides that he powers of the
20 chief executive, the mayor, and an elective legislative body, the council; and
21 Whereas, we the Council of the City of Saint Paul, Minnesota believe these
22 liberties enumerated above that aze treasured by us, aze now threatened by:
be vested in an elective
rights and
23 A. The USA PATRIOT Act of 2001 (Pub. L. No. 107-56), which
24 (1) Effectively eliminates judicial supervision oftelephone and internet surveillance (Sections 6 and 218);
25 (2) Gives the Attorney General and the Secretary of State of the United States the power to esignate
26 domestic groups conducting legitimate activity as"terrorist organizations° (Section 411);
27 (3) Grants the Federal Bureau of Investigation broad (uncontrolled) access to sensifive medical, m tal
28 health, financial, library and educational records about individuals without any demonstration to a judici �
1
d �' ��o
1 o�ficer of evidence of a crime, and without a court order (Secrions 215 and 507); and demands the
2 prosecution of the custodian of these records who reveals a lrnowledge of such seazch (Section 215); and
3 (4) A11ows secret seazches of private homes and offices, undermining an individual's right to be secure in
4 one's home against such unreasonable seazches and seizures (Sections 213 and 218);
\
5 B. The Homeland Security Act of 2002 (Pub. L. No.107-296), which
6 (1) Allows federal government officials to probe into all aspects of the private lives of citizens, as well as
7 aliens, without�a seazch warrant, and without proof of crnnival wrongdoing (Title In;
8 (2) Specifically creates a database on every citizen, which can record a11 communications (phone calls,
9 emails or internet);, banking transacfions, credit card purchases, prescriprions, school records, medical
10 records, employmen
11 (3) Undeimines the
12 personal and private
13 (4) Prevents the dis
14 Information Act;
� and travel records (TiUe II);
Pnvacy Act of 1974, which lunits what federal government agencies may do with
infcumation (Title II and Title VIII Subfitle n; and
semi�iation of public documents and records (Section 214) under the Freedom of
15 C. Bxecutive and Military Orders, and
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(1) Promote the exchange ofse
e Department Directives, which
personal inforxnation with and among state and local governments and
private entities (E.O. 13228); '\
(2) Establish secret military tribunals ��r anyone deemed by the Justice Department of the United States to
be an "enemy combatant" (N1.0. 11/13l9
(3) Permit the monitoring and wiretapp� of conversations between lawyers and (their clients) federal
prisoners, without court order or supervisio� [Justice Departrnent - Bureau of Prisons (28 CFR 5013)];
(4) Eliminate United States Justice Deparhn�it regulations against COINTELPRO-type operations by the
Federal Bureau of Investigations (covert activitres that in the past targeted domestic groups and individuals)
(Attorney General's Guidelines; May 30, 2002);
(5) Limit the disclosure of public documents and
General's Memorandum; Oct. 12, 2001); and
under the Freedom of Information Act (Attorney
27 Whereas, Section 412 the USA PATRIOT Act, and the Militar}�
28 foreign nationals and encourage profiling of Muslims and people
29 could potentially affect anyone in the United States acYing and spe�
ofNovember 13, 20Q1, specifically target
iddle Eastern and South Asian descent, but
legaliy in opposition to government policy;
30 and �
31 Whereas, the Military Order creating secret military hibunals (3 C.F.R. 20 Comp. Pres. Doc. 918, 66 FR 57833)
32 could also be used to designate any foreign national a suspected terrorist, o as aiding terrorists, and detain, try,
33 convict and possibly execute the same without public trial, access to counsel, r�bservation of the presumption of
34 innocence or even proof of guilt beyond reasonable doubt, and with no right to�peal; and
35
36 Whereas, we the Council of the City of Saint Paul, Minnesota believe these
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guaranteed rights and
liberties are treasured by us, and are potenrially threatened by initiatives proposed by the �S.
(and formerly included in the draft Domestic Security Enhancement Act) which, if made law,,
(i) Pernut the federal govemment to
forcibly expatriate citizens of the United States;
(2) Nullify state or municipal consent decrees;
(3) Allow the government to withhold release to the public, informafion regazding the
Justice Department
will
detainees
2
a � - i�
2
charged or suspected of involvement in terrorism, and the location and conditions in which they are held;
and
(4) Provide for the establishment of a data base containing the DNA of Citizens of the United States or
foreign nationals, none of whom are chazged or suspected of participation in any criminal activity.
5 Whereas; �the USA PATRIOT Act and the Homeland Security Act permit the gathering and disclosure of personal
6 informatiorn�on all Citizens of the United States, whether or not any of those citizens are accused of or under
7 investigation'�or criminal activity.
8 NOW, THEREF�RE,
9 Be it resolved by th� Council of the City of St. Paul,
�\
10 That we affirm strong snpport for the rights and liberties enumerated above, which are guazanteed by the United
11 States and the Minnesota�Eonstitutions, by internationallaw, and by St. Paul City Ordinances, and
12 That we oppose federal laws,
13 liberties, because such laws, c
14 We fiirther resolve as follows:
15 Section 1. That to the extent legally po
16 or law enforcement funds, be used for
> and orders, including those cited above, that infringe on those rights and
and orders threaten the residents of our city.
17 Section 2. That the City of St. Paul urges mex
18 the revocation of any sections of the USA PA'
19 orders or directives which limit ar violate func
no City of St. Pau1 resources, including personnel and administrative
stitutional enforcement of the above described activities;
of the Minnesota Congressional delegation to actively work for
i� ACT, the Homeland Security Act, and any federallegislation,
riQhts and liberties enumerated above or otherwise contained
20 in the Constitutions of the State of Minnesota and of
21 Section 3. To recommend that the Director post a nc
22 includingtitles ofbooks, magazines, videos, and other
23 under the USA PATRIOT ACT;
United States or treaties of the Umted States;
24 Section 4. That the St. Paul Police Department not engage in
all library users that their personal library records,
iaterials, may be obtained by the federal government
on race, ettuucity, citizenship, religious
25 or political affiliation; �
26 Secrion 5. That all federal, state and locallaw enforcement agencies and pe� onnel promptly report to the St. Pau1
27 Council and Human Rights Commission, to the extent legally possible, all ins ces in the City of St. Paul where
28 activities, investigations, ar proceedings have violated the fundamental rights d liberties enumerated above,
29 including but not lnnited to each instance of:
30 (1) Detention ofaperson not charged with a crime, denied the right to counsel, o denied a public and speedy
31 trial;
32 (2) Execution of a seazch Warrant without notice to the subject of the warrant;
33 (3) Placement, monitoring or utilization of electronic surveillance or wiretaps withou 'udicial approval;
' A notice such as: "WARNING: Under Section 215 of the federal USA Pahiot Act (Public Law 107-56), re ords of
the books and other materials you bonow from this library may be obtained by federal agents. That federal la
prohibits librarians from informing you if records about you have been obtained by federal agents. Questions abo t
this policy should be d'uected to: Attomey General John Ashcroft, Departrnent of Justice, Washington, DC 20503.'
o�f-��
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(4) Surveillance of religious or political meetings; and
(5) Obtaining of records from educational institutions, libraries, and bookstores without judicial approval;
� 6. Tl�at the City Clerk transmit a copy of this resolution to the
(Y) Secretary of the United States Senate,
(2)��ecretary of the United States House of Representafive,
(3) President ofthe United States,
(4) Attozney General of the United States,
(5) Secrefary of the Homeland Security Department of the United States,
(6) Presidii�g Officers of the Senate and House of Representatives of the Legislature of the State of
Minnesota, �`��
(7) Attorney G�neral of the State of Minnesota,
(8) Governor of �e State of Minnesota,
(9) United States S'enators representing the State of Minnesota,
(10) United States Re�resentatives representing the residents of St. Paul,
(11) St. Paul ChiefofPQlice,
(12) Sheriff of Ramsey Cqunty,
(13) Director ofthe St. Paul�Library,
(14) Mayor of St. Pau1, �,
(15) As well as any other agencres enuxnerated in this resolution or having jurisdiction of matters affected
hereby.
`,
by Depamnent of:
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By:
�
Form Approved by City
�
Approved by Mayor for Submission tn Council
�
Adopted by Council: Date
�-�/- (�`�
� ��
1. Remembering
the Victims & Heroes
of September iith
Statistics From September 2002
Source: CNN & Reuters
The Pentagon & Flight 93
Washington & Shanksville
ToYal Deaths
All 9/11 Attacks
3,030
Total Inj u red
All 9/11 Attacks
Total Deaths 9/11 Attack
The Pentagon (Ground)
Total Injured 9/11 Attack
The Pentagon
2,337
124
76
American Airiines Flight 77 64
The Pentagon
United Airlines Flight 93 a0
Shanksville, PA
Rememberingthevictimsandheroe
sofSeptember11,2001."
o y��
The World Trade Center
New York City
*Total Deaths
WTC 9/li Attack
2,801
TotalInjured
WTC 9/11 Attack
Firefighter Deaths
WTC 9/11 Attack
Police Deaths
WTC 9/11 Attack
2,261
343
75
American Airlines Flight il 92
WTC North Tower
United Airlines Flight 175 65
WTC South Tower
*In December 2002 the Total Deaths from the WTC Attack was revised to 2,792
http://w�tiv.septemberl lnews.com/911 Art.htm
JRN'�21-2004 13:46 FROM:
-� ?+
c' ' - a
3 i".bi' i
. �, ,,;,
T0:651 266 8574
U.S. Departmcnt of JusAcc
United States Altorney
vistrict ojMi�inesom
GOD UniredStatca�Caurthnuce
300 Sowh Faurrh Street
MlaneapnJ�s. MN SSa1S
i✓ww.u.u'nj.�uvhsaWmn
{VSA FAX 651/266-8574),
MASL TO FOLLOW
Dan Eostrom
President
St. Paul City Council
310 City Hall
15 west Kellogg Boulevard
St. Paul, MN 55102
Dear President Bostrom:
January 6, 2004
P.2'3
�-� 1- v�
� �� �/
a l�
(G12JG6�-5600
It has come to my attention that the St. Paul City Council is
scheduled Co debate today a resolution which is critical of the USA
PATRIOT Act and could have the effect of compromising the abiZity
of St. Paul authorities to participate in anti-terrorism efforts in
the State of Minnesota and the City of St. Paul. As the chief
federal 1aw enforcement official for the State of Minnesota whose
responsibilities include the implementation of the USA PATRIOT Act,
I am disappointed that the council has not sought the advice of ine
or other appropriate tederal authorities regarding the content of
the Act and its implementation in Minnesota.
If the council is prepared to delay its debate, I am offering
to meet wiCh the council to describe the USA PATRIOT Act to you and
how we are implementing it here. It is not my intent to stifle
debate on the important issue of the balance between fighting
terrorism and protecting civil liberties, nor is it my intent to
otherwise influence the vote of any council member. xather, it is
my intent to provide the council with accurate information
regarding the law and its implementation in order that any action
taken by the council might be based on fact.
JRN�21-2004 13�46 FROM:
r
T0:651 266 8574 P.3'3
�� ��
Da�n Boetrom
January 21, 20Q4
Bage 2
If the council
representatives to
me.
TBH:jmt
is interested �n meeting with me or one of my
discuss these important issues, please contact
Sincerely,
/ ' " /�',-�-.�, "�+� d — �..�
Thomas B. Heffelfing� er ��
U.S. Attorney
District of Minnesota
cc: AUSA Mike Ward
�
Secretary of the U. S. Senate
Emily Reynolds
�12.
Secretary of the U. S. House of Representatives
The Honorable Jeff Trandahl
Clerk of the U.S. House of Representatives
U. S. Capitol, Room H154
Washington, DC 20515-6601
�i
✓3.
✓4.
�
President of the United States
President George W. Bush
The White House
1600 Pennsylvania Ave. N.W.
Washington, DC 20500
Attorney General of the United States
Attorney General John Ashcroft
U. S. Deparhnent of Justice
950 Pennsyivania Avenue N.W.
Washington, DC 20530-001
Secretary of the Homeland Security Department of the United States
�����
Secretary Tom Ridge
U. S. Department of Homeland Security
Washington, DC 20528
6. `', Presiding Officers of the Senate and House of Representatives of the
Legislature of the State of Minnesota
JRepresentative Steve Sviggum
Speaker of the House
463 State Office Buiiding
100 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, MN 55155
•JPresident of the Senate
Senator James Metzen
District 39
322 State Capitol
St. Paul, MN 55155
�
+�g,
Attorney General of the State Of Minnesota
Minnesota Attorney General Mike Hatch
1400 North Central Life Tower
445 Minnesota Street
Saint Paul, MN 55101
Governor of the State of Minnesota
Office of Governor Tim Pawlenty
130 State State Capitol
75 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, MN 55155
i
��7
United States Senators representing the State of Minnesota
✓ Senator Norm Coleman
320 Hart Senate Office Building
Washington, DC 20510
r
J Senator Mark Dayton
346 Russell Senate Office Building
Washington DC 20510
��-��
10. U. S. Representatives representing the residents of St. Paul
Congresswoman Beriy McCollum (202) 225-6631
Minnesota's Fourth District Fax (202) 225-1968
1029 Longworth HOB
Washington DC 20515
Senator Dean Johnson
Senate Majority Leader
208 State Capitol
Saint Paul, MN 55155
Senator Dick Day
Senate Minority Leader
147 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, MN 55155
Representative Erik Paulsen
House Majority Leader
459 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, MN 55155
Representative Matt Entenza
House Minority Leader
267 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, MN 55155
� 11. St. Paul Chief of Police
Mr. William K. Finney
Chief of Police
City of Saint Paul
367 Grove Street
Saint Paul, MN 55101
� `�-��
. ����
12. Sheriff of Ramsey County
Mr. Bob Fletcher
Ramsey County Sheriff
425 Grove Street
Saint Paul, MN 55101
13. Director of the Saint Paul Public Library
Ms. Gina LaForce
Director, Saint Paul Public Library
90 West Fourth Street
Saint Paui, MN 55102
14. Mayor of Saint Paul
Mayor Randy Kelly
City of Saint Pau1
390 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102