Sunday, October 5, 2014

***********State Attorney Generals Office letter*************

On Friday 10-4-14 I received a reply from the Minnesota State Attorney General, Lori Swansons office, in regards to my reporting that the Little Falls Golf Advisory Board and the City Council were in violation of their own ordinance, that requires monthly golf advisory  meetings.   The letter commended me for closely monitoring the situation, and staying attuned to the actions of my local government.  It read "It is alert citizens who help to hold local units of government accountable".

"The state legislature has also given municipal attorneys broad discretionary authority to determine whether or not to pursue particular prosecutions.  Municipal attorneys are appointed by the city council."

It states also that "It is presumed that a municipal attorney is ultimately accountable to the city council and ultimately voters for his or her actions and his or her overall performance will be one of the factors considered by the voters at the time of election of the city council. 

The letter concludes with the following very interesting statement. "The City Attorney however, also has the authority to forward a matter which he or she deems to be a conflict of interest for his or her office to pursue, to another office for prosecution.  Likewise, the police department may also refer a matter to an outside independent agency for investigation. 

From Minnesota Statutes 388.051 Subdivision 1. General provisions.  The county attorney shall:

a. appear in all cases which the county is a party;

b. give opinions and advice, upon the request of the county board or any county officer, upon all matters in which the county is or may be interested, or in relation to the official duties of the board or officer.

c. prosecute felonies, including the drawing of indictments found by the grand jury, and, to the extent prescribed by law, gross misdemeanors, petty misdemeanors, and violations of municipal ordinances, charter provisions and rules or regulations.

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