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3-6326-19653-CV |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
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Michael Wigley and Robert Jackson, Complainants, vs. Orono Public Schools, ISD 278, Jack Veach, Dick Lewis, Martha Van de Ven, John Malone, Michael Bash, Michele Kunz, Karen Orcutt, and Orono Kids Matter, Respondents. |
NOTICE OF AND ORDER FOR PREHEARING
CONFERENCE AND EVIDENTIARY HEARING |
TO: The Complainants and Respondent Orono Kids Matter.
On April 28, 2008,
Michael Wigley and Robert Jackson filed a Complaint with the Office of
Administrative Hearings alleging that the Orono Public Schools (ISD 278)
violated Minn. Stat. §§ 211A.02 (financial reporting), 211A.05 (financial
filing), and 211B.06 (false campaign material).
The Complaint also alleged that each of the Orono School Board members
and Superintendent Karen Orcutt violated Minn. Stat. §§ 211A.02, 211A.05,
211B.06 and 211B.09 (prohibited public employee activities), and that the
organization “Orono Kids Matter” violated Minn. Stat. § 211A.02, 211A.05, and
211B.06. Administrative Law Judge Kathleen
D. Sheehy reviewed the Complaint and, by Order dated
May 1, 2008, determined that the Complaint only sets forth prima facie
violations of Minn. Stat. § 211A.02 by Orono Kids Matter. All of the other allegations and parties were
dismissed.
THEREFORE, NOTICE IS HEREBY GIVEN that this matter has been
assigned to a panel of three Administrative Law Judges for an evidentiary
hearing. The assigned Administrative Law
Judges are: Kathleen D. Sheehy, (presiding judge), Steve M. Mihalchick, and
William R. Johnson. The address of the
Administrative Law Judges is
IT IS FURTHER ORDERED AND NOTICE IS
HEREBY GIVEN that this matter is scheduled for a prehearing conference to be held by telephone on Tuesday, June 3, 2008, at 10:00 a.m., and an evidentiary hearing to be held at the Office of Administrative
Hearings on Wednesday, July 9, 2008,
at 9:30 a.m.
The prehearing conference will
be conducted by telephone conference.
The Administrative Law Judge will initiate the conference call. Because no telephone number was listed in the
Complaint for Respondent Orono Kids Matter, the organization must notify the
Administrative Law Judge of its telephone number and file a Notice of
Appearance by May 28, 2008. (A Notice of Appearance form may be obtained
online at www.oah.state.mn.us
by following the link to information regarding Fair Campaign Practices
hearings.) At the prehearing conference,
preliminary matters will be addressed such as identifying the issues to be
resolved and determining whether the matter may be disposed of without an
evidentiary hearing.
The evidentiary hearing has been ordered pursuant to the authority granted to the Chief Administrative Law Judge by Minn. Stat. § 211B.35, subd. 1. The hearing will be conducted pursuant to Minn. Stat. §§ 211B.35 and 211B.36. Information about the evidentiary hearing and copies of governing state statutes and rules may be obtained online at www.oah.state.mn.us and www.revisor.leg.state.mn.us. The Office of Administrative Hearings conducts proceedings in accordance with the Minnesota Rules of Professional Conduct and the Professionalism Aspirations adopted by the Minnesota Supreme Court.
At the evidentiary hearing, all parties have the right to be represented by legal counsel, by themselves, or by a person of their choice if not otherwise prohibited as the unauthorized practice of law. In addition, the parties have the right to submit evidence, affidavits, documentation and argument for consideration by the Administrative Law Judges. The panel may consider any evidence and argument submitted until a hearing record is closed, or may continue a hearing to enable the parties to submit additional testimony. All hearings must be open to the public.
At any time before an evidentiary hearing begins, a complainant may withdraw a complaint. After the evidentiary hearing begins, however, a complaint filed may only be withdrawn with the permission of the panel.
If the panel determines the complaint is frivolous, it may order the complainant to pay the respondent’s reasonable attorney fees and to pay the costs of the office in the proceeding in which the complaint was dismissed.
The burden of proving the allegations in the complaint is on the complainant. The standard of proof of a violation of section 211B.06, relating to false statements in paid political advertising or campaign material, is clear and convincing evidence. The standard of proof of any other violation of chapter 211A or 211B is a preponderance of the evidence.
At the conclusion of the evidentiary hearing, the panel must determine whether the violation alleged in the complaint occurred and must make at least one of the following dispositions:
(1) The panel may dismiss the complaint.
(2) The panel may issue a reprimand.
(3) The panel may find that a statement made in a paid advertisement or campaign material violated section 211B.06.
(4) The panel may impose a civil penalty of up to $5,000 for any violation of chapter 211A or 211B.
(5) The panel may refer the complaint to the appropriate county attorney.
The panel must dispose of the complaint within three days after the hearing record closes, if an expedited probable cause hearing was required by section 211B.33; or within 14 days after the hearing record closes, if an expedited probable cause hearing was not required by section 211B.33.
A party aggrieved by a final decision on a complaint filed under section 211B.32 is entitled to judicial review of the decision as provided in Minn. Stat. §§ 14.63 to 14.69.
Any party who needs an accommodation
for a disability in order to participate in this hearing process may request
one. Examples of reasonable
accommodations include wheelchair accessibility, an interpreter, or Braille or
large-print materials. If any party
requires an interpreter, the Office of Administrative Hearings must be promptly
notified. To arrange an accommodation,
contact the Office of Administrative Hearings at
Dated this 14th day of May 2008.
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s/William R. Johnson for |
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RAYMOND R. KRAUSE |
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Chief Administrative Law Judge |
cc: Judge Kathleen Sheehy
Judge Steve Mihalchick
Judge William Johnson
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