Attorneys for the city of Minneapolis said Thursday they would back off their earlier demand that a small government watchdog organization – which is currently suing the city for access to police records – hand over a list of Social Security numbers and marital statuses for each of its board members and volunteers.
The Minneapolis City Attorney’s Office made the formal request as part of the ongoing lawsuit, first filed in 2021 by the Minnesota Coalition on Government Information (MNCOGI) and attorneys at the ACLU.
The city is still demanding the watchdog group to hand over a trove of documents so extensive that MNCOGI representatives suggested it essentially amounted to government bullying.
“I can’t speculate on what the city’s intent is, but I can tell you how this looks and feels,” said Leita Walker, MNCOGI’s attorney. “It feels intimidating, and it feels as if people are now on notice that if they ask the city for data, the city will come back at them with really invasive questions.”
Among these questions was a demand that MNCOGI divulge its sources: The city demanded the organization identify the city officials whom they’d cited in their original 2021 suit, as well as any Minneapolis City Council members or Police Conduct Oversight Commission members that they’d contacted.
[image_caption]Leita Walker[/image_caption]
In a statement, City Attorney Kristyn Anderson framed the requests as typical for the “discovery” phase of a lawsuit, in which parties can request access to the other side’s documents and witness. She said her office had requested similar “demographic information” in previous cases.
However, after questions from several media organizations including MinnPost, Anderson’s office later said the city would amend its discovery request to no longer demand as much private information about MNCOGI board members. According to this second statement, Anderson’s office will no longer request Social Security numbers, nor for information about dates of birth, addresses, phone numbers, education levels or marital status.
Before Anderson’s office walked back this request, Walker said it was “extremely atypical” to demand the Social Security numbers of a legal opponent, and that “the vast majority of what they’re asking for has nothing to do with the issues in this litigation.”
MNCOGI could still object to the city’s discovery request, and it’s possible a judge could decide the city’s demands are out of bounds.
“If the Plaintiff has an issue with discovery served by the city, we would expect to hear from them directly and resolve any disputes as they are resolved through the normal litigation process,” Anderson said in a statement.
When asked for comment, Minneapolis Mayor Jacob Frey’s office referred to Anderson’s statement.
MNCOGI describes itself as an “all-volunteer freedom of information council” which pushes for greater government transparency and stronger open records laws through both “legislative advocacy and litigation.”
MNCOGI’s Minneapolis case stems from a public records request the group filed in February 2021. In the request, the group asked the city to release all records of cases in which Minneapolis Police Department (MPD) officers received “coaching” after an allegation of misconduct. MPD critics contend the department uses coaching instead of discipline too frequently, including in cases that should merit more serious consequences.
The city denied MNCOGI’s records request, arguing that personnel records are public only when disciplinary action is involved, and coaching didn’t amount to disciplinary action. MNCOGI disagreed and sued for the records the following June. The case is still potentially more than a year away from trial.
In their request, the city asked MNCOGI to (among other requests):
- Produce “documents, communications and statements” showing the damages the organization sustained from being denied access to the records – a fairly standard request in discovery in a civil suit.
- “Produce any and all documents that constitute or relate in any manner to any communications or statements made by (MNCOGI) or anyone else relating to the facts and circumstances alleged” in the group’s suit, further specifying that any “social media posts, messages, recordings or materials” related to coaching in the Minneapolis Police Department ought to be handed over.
- Turn over any communications with council members about police coaching or discipline, “regardless of whether the communication was with a person who was a member of the City Council at the time of the communication.”
- “Identify any members of the media with whom you have communicated concerning coaching or discipline (within MPD or the city).”
All of this is normal for a discovery request, the City Attorney’s statement contended: “It is typical to seek discovery of information within the plaintiff’s knowledge, including any communications regarding the issues involved in the litigation.”
Walker disagreed, saying many of the city’s requests sought “highly irrelevant information.”
MNCOGI has until Sept. 22 to either object or provide responsive documents to the city.
Moriarty’s request for such personal information does seem a little crazy.
I think you are confusing the requestor. It’s the city of Minneapolis asking for the info.
Mary Moriarty is not asking, as she is the Hennepin County Attorney.
Except that she’s not the one making the request. It’s Kristyn Anderson, Minneapolis City Attorney.
It is the city, not the county requesting it. It does seem a bit much to ask for marital status or social security number. Address is understandable to verify if they live in the city. That said, I have never seen coaching in any workplace considered to be disciplinary, the whole point of coaching, is to educate on policies and redirect the employee before the behavior worses, especially in jobs where there are plethora of policies/requirements.
Not Moriarty, who’s the Hennepin County Attorney. Minneapolis City Attorney Kristyn Anderson, appointed by the mayor.
Wasn’t Moriarty.
Government attorneys need their own watchdog group overseeing their actions. They’re like the bully that scared staff or officials can call anytime they don’t want public accountability, or whenever they want to intimidate an organization. Moreover, city attorneys’ increasing conservatism on policies & procedures–heck, even business processes–are choking out staff and officials who try to do anything innovative.
A couple quick examples: community engagement funding and use of said funds, and staff meeting expenditures.
First, you can’t even serve coffee at public input meetings anymore. Imagine a room full of neighbors asked for their opinion during the dinner hour, yet no food is present. Now guess who’s able to come provide that input and who isn’t.
That dynamic has been damaging to staff relationship building, as well, which enforces and reinforces a scarcity mindset around meetings. Feel like sitting for 8 hours in a work meeting without coffee or tea or snacks because it’s “unethical” to purchase them? Imagine how that frames your conversation in those meetings.
These seem like such small matters, but they end up having a big impact. Now imagine all the larger decisions staff and officials can’t make because the attorney says you can’t, or their office slow-rolls everything you do when you seek approvals.
We need a hard reset on government attorneys’ blanket authority, from state to local levels.
Its fair to ask for names of the sources (not that they necessarily have to be produced – that is a more complicated issue) but the social security numbers and other information requested is absurd and offensive.
Hmmm…it seems our Mpls administration is beginning to sound like our anti democracy trumpers.
What is it they don’t want exposed?
This is the kind of intimidation and power play that keeps corrupt governments in place, citizens from participating in their own government, and builds bureaucracies that are inefficient, incompetent, and cast in concrete.
It is the City Attorney requesting this, not Moriarty. Moriarty is the elected Hennepin County Attorney General.
This is exactly why the effectiveness and success of the consent decrees is dubious. Here we have a city and a department under indictment for opaque discipline procedures and the absence of transparency… and the city attorney is is trying to bully reformers into submission and silence. The mere optics of this legal cover-up attempt should be enough to discourage the city but alas, they simply cannot help themselves. Note… this isn’t the police union… it’s the cities own attorneys that are trying to maintain secrecy and lack of accountability. The “coaching” system has long since been recognized as off the books system of discipline that’s kept dangerous and out of control cops on the force and promoted the very problems that culminated in the riots. You’d have thought the riots would have made an impression on the MPLS City Hall, but here they are, preserving and defending the very mechanisms that cultivated a police force at war with it’s own community… and using threats and intimidation to do it! How is anyone supposed to look at this heavy handed attempt to preserve a failed system of basic discipline and accountability, and take the cities promises of reform seriously?
“but I can tell you how this looks and feels,” said Leita Walker, MNCOGI’s attorney. “It feels intimidating”
Well you know some of us folks think these activist organizations make a living harassing and intimidating our city officials and then trying to milk the tax payer for every nickle they can get, whether they have a grievance or not, its all about harassing and intimidating the city, lets get that door swinging both ways!
City Attorney Kristyn Anderson, nominated by Frey and appointed by the city council, is merely performing the will of the Minneapolis voters who put this crew into office. Their constituency would prefer to silence critics, so they can get back to feeling good about taking cheap Ubers to the various Des Moines level attractions left in Minneapolis, such as mini golf and corn hole toss at the craft beer barn
They should feel good about safe Ubers after Frey vetoed the proposal that would have forced Uber to rehire drivers it had terminated and put riders at risk of sexual assault.
Republican vikings fans visiting minneapolis for the games will be able to Uber their dates to the hotel safely so they can sexually assault them themselves, thanks to Jacob Frey
Frey stood up for the safety of women in vetoing a terrible proposal. I realize you are just mocking the idea of sexual assault, but that isn’t something the city can control, whereas making it more difficult for Uber to terminate dangerous drivers and having to rehire those already terminated is in the City’s control.
I am mocking Frey supporters like yourself, who pretend to care about issues like sexual assault but really only care about cheap rides to sporting events