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1-0320-16236-CV |
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
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Linda Winning, Complainant, vs.
Leon Lillie, Respondent. |
ORDER OF DISMISSAL |
On October 25, 2004, Linda Winning filed a Complaint with the Office of Administrative Hearings alleging a violation of Minn. Stat. § 211B.09 by Leon Lillie. The complaint alleges that a teacher in the Weaver Elementary School in Maplewood, Minnesota, sent home in a student’s backpack a flyer concerning a fundraiser for Leon Lillie and that doing so violated Minn. Stat. § 211B.09.
The Chief Administrative Law Judge assigned the matter to the undersigned Administrative Law Judge on October 25,2004, under Minn. Stat. § 211B.33. A copy of the Complaint was sent by facsimile transmission and United States mail to the Respondent the same day.
After reviewing the Complaint and supporting materials, the Administrative Law Judge finds that the Complaint does not set forth a claim against Leon Lillie that, if proven, would constitute a violation of Chapter 211A or 211B, and specifically Minn. Stat. § 211B.09.
Based upon the Complaint and the supporting filings and for the reasons set out in the attached Memorandum,
IT IS HEREBY ORDERED:
That the Complaint filed by Linda Winning against Leon Lillie is DISMISSED.
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Dated this |
26th |
day of |
October |
2004. |
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/s/ Kathleen D. Sheehy |
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KATHLEEN D. SHEEHY |
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Administrative Law Judge |
Under Minn. Stat. § 211B.36, subd. 5 this order is the final decision in this matter and a party aggrieved by this decision may seek judicial review as provided in Minn. Stat. § § 14.63 to 14.69.
MEMORANDUM
The Complaint alleges that a teacher at the Weaver Elementary School sent home in a child’s backpack a flyer concerning a fundraiser for Leon Lillie, a candidate for election to the Minnesota House of Representatives in District 55A. The Complaint alleges this was a violation because a public employee required a child to engage in political activity in violation of state law.
Minn. Stat. § 211B.09 provides as follows:
An employee or official of the state or of a political subdivision may not use official authority or influence to compel a person to apply for membership in or become a member of a political organization, to pay or promise to pay a political contribution, or to take part in political activity. A political subdivision may not impose or enforce additional limitations on the political activities of its employees.
The Complaint alleges that a teacher sent the flyer home and that two hosts of the fundraiser, Nancy Livingston and Cathy Miller, are school board members. The Complaint is not lodged, however, against either the teacher or the school board members; it names Leon Lillie as the Respondent. It contains no allegation that Leon Lillie had any knowledge of or was responsible in any way for the material being sent home in the child’s backpack. The Complaint must be dismissed because it fails to allege a prima facie violation of Minn. Stat. § 211B.09 by Mr. Lillie.
K.D.S.