Destruction of evidence

Destruction of evidence during an ongoing civil suit is a criminal offense last I heard. On the very day screen shots from www.ourminnetrista.com were taken showing donations going into an “Our Minnetrista” account (something they had been very careful to obscure by reporting all donations as going directly to their candidates) the entire Our Minnetrista website was deleted. The screenshots were shared with them as part of the discovery process of the civil suit and within hours of that notification the entire website was deleted, all their Facebook content was deleted and no online evidence remained of their activity. Sound like an innocent “error?”

The above is part of the record in the Office of Administrative Hearing’s case #71-0325-35774:

Discovery notice prompts deletion

 

Laughable Laker Letter

You really can’t make this stuff up. There is actually a letter to the editor of The Laker Pioneer this morning praising their slanted coverage of the “Our Minnetrista” scandal from an “Our Minnetrista” member, Wendy Applegate, who was identified as such in subpoenaed emails discussing their illegal financial scheme. See page 5 of the Laker Pioneer July 27 edition. The author also wrote a letter to the Laker editor back on September 10, 2014 announcing the formation of Our Minnetrista and a fundraiser for them.

Wake up Minnetrista.

Court exhibit email

The above email was trial exhibit #61 and is public information in case number OAH 71-0325-35774.

Another letter to the Laker editor titled “Kudos to Local Paper for Minnetrista Coverage” was in last week’s paper from Deanna Montang who is notably an “Our Minnetrista” member as well and appears as a recipient in the trial exhibit email above.

Also note that at the July 15 Minnetrista council meeting several people listed in this trial exhibit were the individuals speaking in support of the mayor and two council members fined for campaign finance violations. Of course they support the “Our Minnetrista” public officials. They are “Our Minnetrista” leaders.

Related posts:
Slanted Laker Pioneer coverage of Minnetrista council meeting
There is an art to burying a story

 

 

 

Trial testimony uncovers collusion to rig Minnetrista council vacancy appointment

MORE MINNETRISTA-GATE DISCOVERY –  Just when you think it can’t get any worse… The following testimony from the recent campaign violations trial shows us that long before Minnetrista Councilor Patricia Thoele publicly resigned her council seat the end of March 2018, the “Our Minnetrista” political committee members (which included Mayor Whalen and Councilors Mortenson & Thoele) were busy recruiting Thoele’s replacement the previous January. According to trial testimony they invited John Tschumperlin to meet with them in January, keeping Thoele’s pending resignation a secret until the end of March, and then voted Tschumperlin in as her replacement.

Tschumperlin testimonyAll this while inviting residents to interview for the vacancy they had already rigged.

It is a violation of Minnesota’s public meeting law for a quorum (3 or more) council members to discuss city business outside of noticed public meetings.

*There is no relation between Judge Mortenson & Council Member Pam Mortenson

 

 

The art of twisting tales

The Laker Pioneer has this down almost as well as their artistry in burying stories that are damaging to the public officials they protect. Their July 20 article covering Minnetrista’s July 15 council meeting is blatantly misleading when it says the Office of Administrative Hearings (OAH) found “no criminal activity took place” on the part of the Minnetrista-gate Respondents. Someone needs to tell the Laker that the OAH is a civil court and can’t rule or convict anyone criminally. The evidence of criminal activity found during the discovery phase of the civil trial was not even heard by the OAH. It has, however, been submitted to the county Sheriff’s office and county attorney. That is a fact, not a rumor as the Laker asserts.

twisted talesThe Laker, in their predictable “unbiased” fashion, quoted only supporters of the mayor and council member Respondents. Not one of the many people that spoke demanding their resignations was quoted in the story. 

It then goes on to say the mayor “promised that there would be no debate,” ostensibly to seem fair since one of the sitting council members was the Complainant in the case, but then [unilaterally] went on to give “corrections to some of what was said” and made an “attempt to put to rest certain rumors…” And people wonder why I blog.

A gentleman was quoted in the story saying we shouldn’t continue “to beat a 5-year-old dead horse.” I’m sure the reporter knows these violations were from the 2018 election which wasn’t even a year ago. Violations from 2014 were litigated as well because the role of Our Minnetrista was concealed and prevented their discovery back then.

“We take ownership of this error,” the mayor is quoted as saying and elsewhere the violations are referred to as an “administrative error.” Translation: “We are unapologetic and do not admit to any wrongdoing whatsoever and never will.” The OAH doesn’t impose a $5,000 fine because of an “error”. The council candidate which the “Our Minnetrista” member, Jane Norling, spoke of that evening (which the story conveniently leaves out) who was fined for an inadvertent contribution limit “error” last year was only fined $250, hardly comparable to the seriousness of these violations the judges said gave “an unfair advantage” to Mayor Whalen and Councilors Mortenson and Tschumperlin. They cheated to win and see nothing wrong with it.

Did anyone notice the headline typeface on this slanted piece was twice the size of the ones used on the buried stories about the original allegations and the judgments handed down in June? Intentional? I’m sure it was just an “administrative error.”

If there is a remnant of professional journalism left in America it certainly won’t be found at the Laker-Pioneer.

Related Post: There’s an art to burying a story

“Our Minnetrista” pledges allegiance

If there was any doubt about the stronghold the political committee “Our Minnetrista” has over our city it was displayed last night at our city council meeting, the first since the campaign finance judgments were handed down against the mayor and two council members. In a well orchestrated turnout the political machine sent speakers to the podium, one by one, each with scripted remarks pledging allegiance to the misunderstood public officials that had been party to the illegal activities of “Our Minnetrista” accepting more than 10 times the legal contribution limits.

Several of the “Our Minnetrista” contributors that wrote checks over statutory limits spoke last night echoing the mayor’s cry that it was all just an “administrative error.” Readers may remember a similar cry of there being “no basis” for any of the complaints when they were filed after the election.

“Our Minnetrista” Treasurer Karen Danielson turned on the waterworks on cue claiming innocence (or was it ignorance, I don’t remember) before the crowd and, again, made unsubstantiated claims of her attempts to get approval for implementing the financial scheme which involved concealing the source of candidate contributions as well as their amounts. In her sworn declaration she actually admitted no one told her the scheme was legal. And the Oscar goes to…

There were several individuals who spoke asking for the violators’ resignations. One noted that a $5,000 fine didn’t indicate an “administrative error” but a very serious breach of campaign finance law. That didn’t sit well with the “Our Minnetrista” crowd and one of them actually suggested that I should be the one to resign. Yes, the person exposing corruption should be the one to resign. You can’t make this stuff up.

To conclude, the mayor, who had previously ruled there would be no council debate (Translation: I would not be allowed to speak) gave herself the opportunity to defend herself and the two others before abruptly ending the Persons To Be Heard session.

 

 

Trial testimony uncovers collusion to rig Minnetrista council vacancy appointment

OPEN MEETING LAW VIOLATION? Just when you think it can’t get any worse… The following testimony from the recent campaign violations trial shows us that long before Minnetrista Councilor Patricia Thoele publicly resigned her council seat the end of March 2018, the “Our Minnetrista” political committee members (which included Mayor Whalen and Councilors Mortenson & Thoele) were busy recruiting Thoele’s replacement the previous January. According to trial testimony they invited John Tschumperlin to meet with them in January, keeping Thoele’s pending resignation a secret until the end of March, and then voted Tschumperlin in as her replacement.

Tschumperlin testimonyAll this while inviting residents to interview for the vacancy they had already rigged.

It is a violation of Minnesota’s public meeting law for a quorum (3 or more) council members to discuss city business outside of noticed public meetings.

*There is no relation between Judge Mortenson & Council Member Pam Mortenson

 

 

How contribution limit violations affected Minnetrista elections 2014-2018

A PICTURE IS WORTH A THOUSAND WORDS. The chart below shows the contributions and expenditures of independent candidates that ran opposed to “Our Minnetrista” candidates in the 2014 and 2018 city council and mayoral elections. Our Minnetrista wasn’t active in 2016 because Mayor Whalen had no opposition and the council majority was already in the hands of Our Minnetrista. The Our Minnetrista political committee has controlled elections in Minnetrista since 2014 and has discouraged independent candidates from running for public office. It is undeniable:

Election Influence Chart

The 2014 mayoral race was won by less than 200 votes. Without the unfair advantage of Our Minnetrista’s illegal activity it’s reasonable to conclude that Whalen’s opposition in that race, Mark Vanderlinde, would’ve won the mayoral election by a wide margin. It’s also likely, had there been a level field, the 2018 independent candidate, Elroy Balgaard, would’ve defeated one of the Our Minnetrista candidates.

Related posts:
Minnetrista-gate Judgement
Star Tribune coverage
Center of American Experiment coverage

 

There is an art to burying a story

There is an art to burying a story.

burying a storyMost have heard about the “Minnetrista-gate” judgment against the mayor, several councilmembers and the shadow political committee “Our Minnetrista” led by David Kolb that has been illegally influencing Minnetrista elections since 2014. But it probably wasn’t through the local newspaper. There is an art to burying a story and The Laker has perfected it:

Step 1: When violations are filed, put it on page 12 in small type hoping no one sees it.

Step 2: Don’t cover the trial, Respondents’ dismissed pleadings or testimony that could be embarrassing to the public officials charged.

Step 3: When the court hands down a judgment and everyone charged is found to have participated in illegal activity, don’t report on it for weeks hoping it will go away or become old news.

Step 4: When it doesn’t go away, write the obligatory story and bury it, again, on page 9.

Step 5: Use a headline in small type that won’t attract readers. “Minnetrista campaign finance imbroglio comes to an end.” What does “imbroglio” mean anyway?

Step 6: Knowing most people only read the first paragraph of a story, take care not to mention any of the Respondents by name or position. And make absolutely sure the leader of “Our Minnetrista,” David Kolb, isn’t mentioned at all…anywhere…despite being a Respondent and fined for his involvement:

Laker Opening Paragraph: “After more than a month of evidentiary hearings, the Minnesota Office of Administrative Hearings ruled June 21 on a complaint brought by Minnetrista councilmember Shannon Bruce last fall when she alleged possible breaches of campaign finance law by four local candidates and one local committee during the 2014 and 2018 election.”

Step 7: Put the judges’ statement that Respondents’ actions “corrupted the political process and created an unfair advantage for the candidates they supported.” in the last paragraph.

Step 8: Insert excuses for the illegally concocted scheme: “Danielson sought advice from a variety of sources to learn the appropriate way” to report contributions and expenditures, when the trial testimony showed absolutely NO evidence that she did, other than her fellow Respondents’ repeating her unsubstantiated assertions. No emails, phone records, witnesses…nothing. Danielson’s own sworn declaration stated: “None of the entities I consulted with was able to provide clear and direct advice regarding the reporting requirements.”

Translation: The scheme was illegal and no one would tell her it wasn’t. 

Step 9: Don’t contact the Complainant or her attorney in the case to get their side of the story.

The Laker’s mission (bold added for emphasis): “The Laker Pioneer serves as the trusted community news source for the western area of Lake Minnetonka.” I’d love to hear your thoughts.

RELATED POSTS: Minnetrista-gate judgment; Center of American Experiment coverage; Pay-to-play in Minnetrista

Center of the American Experiment reports: “Widespread Campaign Finance Violations in Suburb of Minnetrista”

Full story:  Written by Tom Steward, Center of the American Experiment, July 2, 2019

Campaign finance laws serve to regulate the amount of donations flowing to political candidates for office from groups and individuals. Media attention usually  focuses on the horse race for contributions between candidates for higher office.

But campaign finance limits also apply to candidates running for city council and mayor in local elections. Yet you’d never know it from numerous violations recently uncovered in the Twin Cities suburb of Minnetrista, where three of the five current city council members were found to have violated Minnesota’s Fair Campaign Practices Act.

A panel of Office of Administrative Law judges has ruled against the city’s mayor, two city councilors, a former city councilor and a shadowy political committee known as Our Minnetrista for campaign finance violations in either the 2014 and/or 2018 municipal elections. Their 21-page ruling includes this nugget:

Our Minnestrista’s failure to file campaign financial reports in 2018 was ill-advised, corrupted the political process, and created an unfair advantage for the candidates it supported for two elective offices. A $2,000 penalty is appropriate.

The Panel concludes that the candidates’ violation of the contribution limits was negligent and difficult to correct or counter.

The panel’s findings vindicate Minnetrista City Councilor Shannon Bruce, who first exposed the apparent violations and then vetted the verdict on her watchdog Minnetrista Governance  Blog.

Our Minnetrista” and its candidates accepted multiple contributions far exceeding statutory limits and then divided them up among their candidates, only reporting a fraction of the actual check amounts on each candidate’s disclosure reports. They accepted illegal corporate contributions and then reported them as coming from individuals. They had the Westonka School District invoiced for their campaign mailings*, and in the courtroom “I don’t know” was the most frequently heard phrase from Respondents that included Minnetrista Mayor Lisa Whalen, Councilmembers Pam Mortenson and John Tschumperlin, past Councilmember Patricia Thoele, and Our Minnetrista leaders David Kolb and Karen Danielson.

Erick Kaardal, Attorney for Complainant, Shannon Bruce, remarked in his opening statement “How candidates operate in the campaign environment with respect to law reflects on how our public officials act when they are in office. And so, this is a very important case regarding how our campaigns for public officials are going to be operated consistent with the law or in violation of the law.”

Moreover, Bruce believes the campaign and outcome of the election was not only undermined but likely determined by skirting the rules.

Campaigning is hard work and an unfair advantage is created when a rogue political committee does all the work instead of a candidate: organizing fundraisers, choosing vendors for printing/signs/mailings, writing content for literature, putting up a website, doing the bookkeeping and filing campaign disclosure reports, distributing flyers, door-knocking, etc… At some point it becomes the political committee and not the candidate that is being elected.

The 2014 Mayoral race was won by less than 200 votes. Without the unfair advantage of Our Minnetrista’s illegal activity it’s reasonable to conclude that Whalen’s opposition in that race, Mark Vanderlinde, would’ve won the mayoral election by a wide margin. It’s also likely, had there been a level field, the 2018 independent candidate, Elroy Balgaard, would’ve defeated one of the Our Minnetrista candidates.

The OAH panel levied the maximum total amount of fines allowed in this case–$5,000. But Bruce believes much more needs to be done to uncover and prevent more widespread violations of campaign violations in local elections statewide.

Private citizens don’t have the resources to litigate these violations. Corruption flourishes without enforcement. We need oversight and enforcement of campaign finance laws at the local level in MN.