8-6301-17704-CV

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

Timothy Glen Glidden,

                                           Complainant,

vs.

 

Dick Swanson,

                                           Respondent.

 

 

ORDER OF DISMISSAL

          On December 6, 2006, Timothy Glidden filed a Complaint with the Office of Administrative Hearings alleging that Dick Swanson violated Minnesota Statutes § 211B.045 by failing to remove his campaign lawn signs within ten days after the November 7, 2006 general election. 

The Chief Administrative Law Judge assigned the matter to the undersigned Administrative Law Judge on December 7, 2006, under Minnesota Statutes § 211B.33.[1]  A copy of the Complaint was sent by U.S. Mail to the Respondent on 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 Mr. Swanson that, if proven, would constitute a violation of either Chapter 211A or 211B.

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 Timothy Glidden against Dick Swanson is DISMISSED.

 

Dated this

8th

day of

December

2006.

 

                                                                

 

/s/ Eric L. Lipman

ERIC L. LIPMAN

Administrative Law Judge

 

 

NOTICE

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 Respondent, Dick Swanson, was a candidate for Anoka County Commissioner in 2006.  The Complaint alleges that Mr. Swanson failed to remove his campaign signs within ten days of the November 7, 2006 general election, in violation of Minn. Stat. § 211B.045.  According to the Complaint, Mr. Swanson’s signs were posted at various locations in Spring Lake Park after November 17, 2006. 

          Minn. Stat. § 211B.045 provides as follows:

Noncommercial sign exemption.  In any municipality, whether or not the municipality has an ordinance that regulates the size or number of noncommercial signs, all noncommercial signs of any size may be posted in any number from August 1 in a state general election year until ten days following the state general election. 

The restrictions of Section 211B.045, however, are directed against municipalities.  The statute creates a “safe harbor” for the posting of noncommercial signs during a specified portion of any year in which there is a state general elections.  This law does not, as the Complainant alleges, prohibit candidates or committees from posting campaign signs for a longer period of time, outside of the “safe harbor,” or require that candidates or committees remove their campaign signs within ten days after the state general election.[2]     

Because Minn. Stat. § 211B.045 is directed at municipalities, and no other provision of Chapters 211A or 211B requires candidates or committees to remove their campaign signs within ten days following the state general election, the Complaint is dismissed.    

                                                            E.L.L.


[1] Due to a clerical error, an earlier letter from the Chief Administrative Law Judge, to the Complainant, incorrectly stated that this matter had been assigned to Administrative Law Judge Richard C. Luis.   

[2]  The Complaint may state a violation of the Spring Lake Park Code of Ordinances, but that is a matter that is beyond the jurisdiction of the Office of Administrative Hearings to consider.  Compare, Minn. Stat. § 211B.033 (2)(a) (2006) (“If the administrative law judge determines that the complaint does not set forth a prima facie violation of chapter 211A or 211B, the administrative law judge must dismiss the complaint”) with Spring Lake Park Code of Ordinance § 152.05(B)(5) (2006).