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On July 9, a three judge panel of the Office of Administrative Hearings heard the evidence in Michael Wigley and Robert Jackson v. Orono Kids Matter, et al. Because of earlier judicial decisions, the remaining counts against Orono School District had been dismissed. The remaining claims -- all against Orono Kids Matter -- related to Orono Kids Matter reporting $0 in-kind contributions from the school district after receiving free a 30 minute video from the school district (which Orono Kids Matter in turn made approximately 1,600 copies to distribute to citizens by mail and at dozens of resident coffee parties) and paying only $135 for parent, graduate and resident mailing addresses, email addresses and five sets of mailing labels. Complainants claim the video would of cost and had an approximate value of $5,000 to $10,000 and the specific parent, graduate and resident mailing and e-mailing addresses (approximately 2,000 unique records) would have had a value of approximately 10 to 25 cents per mail address per use; 25 to 50 cents per e-mail address per use -- if it was public data that Orono Kids Matter could legally obtain. If the parents' mail addresses were nonpublic data (confidential) and the disclosure in violation of the Minnesota Data Practices Act, then the value of information would be much higher because under no circumstances would it be available to the public. The witnesses at the hearing were as follows -- in order of appearance: Martha Van De Ven, Orono School Board Member and Vice Chair of Orono Kids Matter. She defended Orono Kids Matter's Campaign Finance Reports and acknowledged $0 for like-kind contributions from the school district. Kelly Shaughnessy, Chair of Orono Kids Matter. He defended the Orono Kids Matter campaign finance reports -- but acknowledged $0 for the like-kind contributions from the school district. Lisa James, parent of student, testified that she objected to an email she received from Orono Kids Matter because the origin of the e-mail address was unknown. Michael Wigley, complainant, testified that Orono Kids Matter had failed to report in-kind contributions from the school district on its financial report -- particularly the DVD, mailing labels and other address lists. Mr. Wigley also testified that the day before the hearing he received from the school district a response to his weeks-old Minnesota Government Data Practices Act request -- with all the parents' names, addresses and phone numbers redacted. In other words, the information he requested was nonpublic, confidential information -- yet prior to the February 12, 2008 election the school district gave the same information to Orono Kids Matter for political purposes. Robert Jackson, complainant, testified that Orono Kids Matter had failed to report in-kind contributions from the school district on its financial report -- particularly the DVD, mailing labels and other address lists. Mr. Jackson also testified as to the DVD's production quality and stated that it had significant value. Mr. Jackson noted that the mailing labels and mailing lists were targeted per the direction of Orono Kids Matter -- making them of greater value than other available lists. Mr. Jackson testified that these were in-kind contributions and the $135 paid was "negligible" compared to their real value. Affidavits of four parents who received unsolicited emails and/or DVD's from Orono Kids Matter were also submitted. Complainants' Attorney Erick G. Kaardal comments, "Orono Kids Matter failed to report in-kind contributions from the School District. For example, it received a 30 minute promotional video from the school district free -- then turned around and made 1,600 copies for distribution before the February 12 referendum. The transfer of the video from the school district to Orono Kids Matter is an in-kind transfer. What else would it be? Similarly, the mailing labels and addresses were much more valuable than the $135 paid by Orono Kids Matter -- particularly if it was illegal for the school district to distribute the information under the Minnesota Government Data Practices Act. After all, in response to Michael Wigley's data requests, the same information was redacted by the school district's attorneys. So, either way you look at it -- legal or illegal -- the mailing labels and addresses were a very valuable in-kind contribution from the school district to Orono Kids Matter." The proceeding will continue with an after-hearing brief due on July 21, 2008. The three judge panel will then resolve the claims in a written opinion. |
