OAH DOCKET NO. 22-6378-16295-CV

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

John J. Adams,

Lisa Mohler,

                              Complainants,

vs.

 

Donald Springer,

                              Respondent.

and   Glenn Becklund,                               Complainant, vs.

NOTICE OF DETERMINIATION OF PRIMA FACIE VIOLATION and NOTICE OF and ORDER FOR EVIDENTIARY HEARING

 

Donald Springer,

                              Respondent.

 

          To:  John J. Adams, RR1, Box 192, Mazeppa, Minnesota, 55956; Lisa Mohler, RR1, Box 176, Zumbro Falls, Minnesota, 55991; Glenn Becklund, P.O. Box 268, 500 Bridge Street, Millville, Minnesota, 55957; and Donald Springer, RR1, Box 1210, Millville, Minnesota, 55957.

 

          On November 9, 2004, John J. Adams and Lisa Mohler filed a Complaint with the Office of Administrative Hearings alleging multiple violations of Minn. Stat. § 211B.04 and 211B.06 in pieces of campaign material distributed on October 20, 2004 by Donald Springer to John Adams and Lisa Mohler opposing the reelection of Merl Norman for County Commissioner of Wabasha County.  After reviewing the Complaint and attached documents, the undersigned Administrative Law Judge has determined that portions of the Complaint set forth a prima facie violation of §§ 211B.04 and 211B.06.

 

          On November 9, 2004, Glenn Becklund filed a Complaint with the Office of Administrative Hearings alleging multiple violations of Minn. Stat. § 211B.04 and 211B.06 in pieces of campaign material distributed by Donald Springer on October 20, 2004 to Glenn Becklund opposing the reelection of Merl Norman for County Commissioner of Wabasha County.  After reviewing the Complaint and attached documents, the undersigned Administrative Law Judge has determined that portions of the Complaint set forth a prima facie violation of §§ 211B.04 and 211B.06.

 

          THEREFORE, IT IS HEREBY ORDERED AND NOTICE IS HEREBY GIVEN that this matter will be scheduled for an evidentiary hearing to be held at the Office of Administrative Hearings, 100 Washington Avenue South, Suite 1700, Minneapolis, Minnesota, 55401, before three Administrative Law Judges.  The evidentiary hearing must be held within 90 days of the date the complaint was filed, pursuant to Minn. Stat. § 211B.35.  You will be notified of the date and time of the evidentiary hearing, and the three judges assigned to it, within one week of the date of this Order.  The evidentiary hearing will be conducted pursuant to Minn. Stat. § 211B.35.  Information about the evidentiary hearing procedures and copies of state statutes may be obtained online at www.oah.state.mn.us and www.revisor.leg.state.mn.us.

 

          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 Judge.  Parties should bring with them all evidence bearing on the case with copies for the Administrative Law Judge and opposing party or parties.

 

          At the conclusion of the evidentiary hearing, the Administrative Law Judges will choose to:  (1) dismiss the complaint, (2) issue a reprimand, (3) find a violation of § 211B.06, and/or (4) impose a civil penalty of up to $5,000.  The panel may also refer the complaint to the appropriate county attorney for criminal prosecution.  A party aggrieved by the decision of the panel 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 Administrative Law Judge must be promptly notified.  To arrange for an accommodation, contact the Office of Administrative Hearings at 100 Washington Avenue South, Suite 1700, Minneapolis, Minnesota, 55401, or call (612) 341-7610 (voice) or (612) 341-7346 (TTY).

 

Dated:  November 10, 2004

 

 

                                                            _/s/ Cheryl LeClair-Sommer_______

                                                            Cheryl LeClair-Sommer

                                                            Administrative Law Judge

 

 

MEMORANDUM

 

          Two complaints were filed alleging violations of the Fair Campaign Practices Act.  The first complaint by John Adams and Lisa Mohler alleges that Donald Springer violated Minn. Stat. § 211B.04 by distributing pieces of campaign literature without a proper disclaimer and violated § 211B.06 by distributing campaign material with false information.  The second complaint was filed by Glenn Becklund alleges that Donald Springer violated Minn. Stat. § 211B.04 by distributing pieces of campaign literature without a proper disclaimer and violated § 211B.06 by distributing campaign material with false information.

 

On the face of the document distributed by Mr. Springer[1], no information (including no return address) is contained within the distributed documents to indicate, prominently or otherwise, the name and address of the person who prepared and disseminated the campaign material.   Although subd. (f) of Minn. Stat. § 211B.04 provides for an exception to the disclaimer provisions that may apply, the complaint provides sufficient prima facie evidence to support the allegations that the disclaimer provisions have been violated.

 

The allegations that Donald Springer prepared and disseminated false campaign material tending to defeat a candidate for public office are more complex.  In the campaign material mailed by Donald Springer to both Glenn Becklund and Lisa Mohler on October 19, 2004, the handwritten word “fact” referenced a resolution in the minutes of the County Board dated October 7, 2003 accepting maintenance and vacating a piece of property to Mazeppa Township.  The minutes also indicate “No Motion Made:  No transfer of road.” 

 

In the campaign material, the handwritten word “Deception” points to a copy of Merl Norman’s advertisement for Wabasha County Commissioner District #3 printed in a newspaper on October 19, 2004.[2]  A highlighter leads the reader to the section relating to “Merl’s efforts” to keep Mazeppa Township Road T180 from being traded.  Donald Springer’s use of the word “Deception” implies that Merl Norman’s statements regarding Mazeppa Townsip Road T180 were inaccurate.  Based upon the evidence submitted, the Wabasha County Board of Commissioners did not agree to maintain nor vacate a portion of the road but instead directed the resolution to the Commissioner of Transportation for consideration.  No transfer of maintenance or vacation of land occurred.

 

Lisa Mohler also alleged that Donald Springer repeatedly made verbal statements to her that “Merl Norman was a liar.”  Based upon the written minutes of the Wabasha County Board, the audio tape, and the verbal statements to Lisa Mohler, the complainants have shown sufficient evidence to establish a prima facie case that the campaign material was false or “communicated with others with reckless disregard of whether it is false.” [3]

 

                                                            CLS