CASE NO. A STATE OF MINNESOTA IN SUPREME COURT. Tony Webster, vs. Hennepin County and the Hennepin County Sheriffs Office,

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1 CASE NO. A STATE OF MINNESOTA IN SUPREME COURT flll!ij June 9, 2017 Om:CEOF APPBJ.AIECcurrS Tony Webster, vs. Appellant, Hennepin County and the Hennepin County Sheriffs Office, Respondents. RULE REQUEST FOR LEA VE TO FILE A JOINT BRIEF OF AMICI CURIAE TO: THE SUPREME COURT OF THE STATE OF MINNESOTA Pursuant to Minn. R. Civ. App. P , the League of Minnesota Cities, the Association of Minnesota Counties, the Minnesota Inter-County Association, the Minnesota County Attorneys Association, the Minnesota Chiefs of Police Association, the Minnesota Sheriffs' Association, the National Sheriffs' Association, the Major County Sheriffs of America, and the Minnesota School Boards Association respectfully request leave to file a joint brief of amici curiae in support of Hennepin County and the Hennepin County Sheriffs Office. Identity of Proposed Amici Curiae The League of Minnesota Cities (LMC) has a voluntary membership of 832 out of 853 Minnesota cities. It represents the common interests of cities before courts and other 1

2 governmental bodies and provides a variety of services to its members, including information, education, training, policy-development, risk-management, and advocacy services. The LMC's mission is to promote excellence in local government through effective advocacy, expert analysis, and trusted guidance for all Minnesota cities. The Association of Minnesota Counties (AMC) is a voluntary association of all 87 counties in the State of Minnesota organized pursuant to Minn. Stat The mission of the AMC is to provide counties with support so that they may effectively perform the duties and responsibilities delegated to them by law. The AMC works closely with the legislative, administrative, and judicial branches of government on issues involving adoption, enforcement, and modification of laws and policies that affect counties, and represents the position of counties before state and federal government agencies and the public. The Minnesota Inter-County Association (MICA) is a voluntary joint powers organization of the metropolitan developing counties in Minnesota. It is a vehicle for planning and implementing projects and programs of similar interest to member counties. Presently, the 14-county membership, which includes the counties of Benton, Blue Earth, Carver, Crow Wing, Dakota, Olmsted, Otter Tail, Rice, Scott, Sherburne, St. Louis, Steams, Washington and Winona, comprise a major portion of the state's population and an enormous share of its industrial and high-tech resources. The MICA counties are situated in five out of the seven metro areas of Minnesota. The Minnesota County Attorneys Association (MCAA) is an organization that is dedicated to improving the quality of justice in the State of Minnesota and to providing 2

3 leadership on legal and public policy issues related to the duties of county attorneys. Its membership includes all 87 counties in the state. The Minnesota Chiefs of Police Association (MCPA) is a nonprofit, professional membership organization with the mission of bringing the highest quality of police services to the people of Minnesota. The MCP A's vision is to be the recognized voice for professional law enforcement in Minnesota. The association was founded in 1954 as a training and social organization to network and exchange ideas between law enforcement executives; it represents nearly 900 police chiefs, retired chiefs, and law enforcement leaders. The Minnesota Sheriffs' Association (MSA) was formed in 1885 and consists of all 87 Minnesota sheriffs and their staffs. Its mission is to advance legislation and sound public policy for the betterment of the public and public safety, to foster and provide continuing education and training for law enforcement and public sector partners, and to support all sheriffs and criminal justice professionals in the performance and discharge of their statutory and legal duties. The National Sheriffs' Association (NSA) is a 50l(c)(4) non-profit association formed in 1940 to promote the fair and efficient administration of criminal justice throughout the United States. One of the primary missions of the NSA is to promote and to protect the Department/Office of Sheriff located throughout the United States. The NSA has over 21,000 members and is a strong advocate of America's over 3,080 Sheriffs. Over 99% of all our nation's Departments/Offices of Sheriff are directly elected by the people of their local parish, city, and county. The NSA promotes the public 3

4 interest goals and policies of law enforcement in our nation by participating in judicial processes where the vital legal interests of law enforcement and its membership are affected. Major County Sheriffs of America (MCSA), a 26 U.S.C. 501(c)(4) non-profit, is an association of elected sheriffs representing the nation's largest counties with populations of 500,000 people or more, serving over 100 million Americans. The MCSA works to promote a greater understanding of law-enforcement strategies to address future problems and identify law-enforcement challenges facing the members of its organization. The Minnesota School Boards Association (MSBA) is a voluntary nonprofit association of public school boards in the State of Minnesota. The MSBA represents school districts in public forums, such as the courts and the State Legislature. The MSBA provides information and services to its members and coordinates their relationships with other public and private groups. The MSBA also provides advice and guidance to its member school districts in a wide variety of areas, including policy matters and other legal issues. Many of the activities of the MSBA on behalf of its members are explicitly sanctioned or recognized by the Legislature. Public Interest of Proposed Amici Curiae Tony Webster sought administrative remedies after he demanded Hennepin County to search seven million s and produce only those containing 20 separate search terms he selected, relating to biometrics and facial recognition. The administrative law judge found that Webster's demand was a proper request under the Minnesota 4

5 Government Data Practices Act (MGDPA) and found that Hennepin County violated the MGDP A, in part, by failing to provide the requested data in an "appropriate and prompt" manner. Hennepin County appealed, arguing that Webster's demand was not a proper request under the MGDP A, or in the alternative, that the request was unreasonable because it was too burdensome. The Minnesota Court of Appeals affirmed in part and reversed in part, and held that the County violated the MGDPA by failing to provide Mr. Webster with access to the requested public government data. The court of appeals also concluded that the MGDP A does not enable a data requestor to dictate how a government entity gathers requested data, and that the MGDPA authorizes a government entity to determine how and where to search for requested data. The proposed amici have members that must comply with the MGDP A. Therefore, all proposed amici have a public interest in ensuring that the MGDP A is not interpreted in a way that will require government entities to comply with every request for government data they receive, without question or reasonable limitation. It would be bad law and public policy to interpret the MGDP A in a way that allows a data requestor to dictate how a government entity must gather the requested data or that requires government entities to respond to data requests that are unduly burdensome because they significantly interfere with effective government operation. 1 1 Minn. Stat (1) (when construing statutes, courts should presume that the legislature does not intend a result that is absurd, impossible of execution, or unreasonable); KSTP-TV v. Ramsey County, 806 N.W.2d 785, 788 (Minn. 2011) ( quotation omitted) (noting that the purpose of the MGDP A is to balance "competing rights within a context of effective government operation"). 5

6 Desirability of Proposed Joint Brief It would be desirable for the proposed amici to file a joint brief because the knowledge and experience of our members will allow us to provide this Court with a broader perspective of the legal issues and public policies at stake and to inform this Court of "facts or matters of law that may have escaped its consideration." 2 In addition, two of the proposed amici, the LMC and the AMC, previously participated in this appeal, by filing a joint brief of amici curiae at the Minnesota Court of Appeals. For these reasons, the proposed amici respectfully request leave to file a joint brief of amici curiae in support of Hennepin County and the Hennepin County Sheriffs Office. Dated: &/Cf/ cl o f 7 ), By: ~qz;!~~ Susan L. Naughton (# ) LEAGUE OF MINNESOTA CITIES 145 University Avenue West St. Paul, MN (651) State v. Finley, 64 N.W.2d 769, 773 (1954) (discussing the appropriate role of an amicus curiae). 6