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21-6379-16251-CV |
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
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Alicia Tast and Sue Tast, Complainants, vs.
Mary Phillips, Respondent. |
ORDER FOR DISMISSAL |
On October 28, 2004, Alicia Tast and Sue Tast filed a Complaint with the Office of Administrative Hearings against Mary Phillips alleging a violation of Minn. Stat. § 211B.09. The complaint alleges that Mary Phillips, an English Teacher of Alicia Tast, refused to permit Alicia Tast to display a sign and refused to take off a campaign button of her own.
The Chief Administrative Law Judge assigned the matter to the undersigned Administrative Law Judge on October 28, 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 Mary Phillips 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 forth below:
IT IS HEREBY ORDERED:
That the Complaint filed by Alicia Tast and Sue Tast against Mary Phillips is DISMISSED.
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Dated this |
29th |
day of |
October, |
2004. |
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/s/ Cheryl LeClair-Sommer |
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Cheryl LeClair-Sommer |
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Administrative Law Judge |
Under Minn. Stat. § 211B.36, subd. 5, this order if 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 a violation of § 211B.09. The statute provides that:
[a]n 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.
The Complainant, a student at an unnamed high school, alleges that Ms. Mary Phillips, a high school English teacher, violated Minn. Stat. § 211B.09 through two separate acts on October 18, 2004:
a. forbidding the Complainant from displaying a sign in the classroom supporting Ms. Tast’s presidential candidate; and
b. refusing to remove a campaign button.
The Complaint suggests the Respondent is employed by a public school district in the State of Minnesota. Although the Complaint fails to state what political subdivision Ms. Phillips is employed by, the information provided is sufficient prima facie evidence that Ms. Mary Phillips is an “employee or official of the state or of a political subdivision.”
The Complaint does not provide prima facie evidence to support an allegation that Ms. Phillips has used her official authority or influence to compel Ms. Tast to apply for membership in or become a member of a political organization. The Complaint does not provide prima facie evidence to support an allegation that Mary Phillips has used her official authority or influence to compel Ms. Tast to pay or promise to pay a political contribution. The Complaint merely states that Ms. Phillips is “forcing her political views on us as students.”
But the greater question is whether the Complaint provides prima facie evidence to support an allegation that Ms. Phillips has used her official authority or influence to compel Ms. Tast “to take part in political activity.” Although political activity is not defined by the Fair Campaign Practices Act,[1] political purposes is defined as ”intended or done to influence, directly or indirectly, voting at a primary or other election.”[2] Thus political activity appears to represent actions that may directly or indirectly affect voting in an election.
This situation appears to represent a difference of opinions between Ms. Tast and her teacher and not a violation covered by the Fair Campaign Practices Act. Although the actions may represent poor judgment, under the facts as presented the Complainant has failed to show initial evidence that her teacher has required her to “take part in political activity” or that the actions of Ms. Phillips have directly or indirectly influenced voting in an election.
CLS