I plan an extended response to Mr. Cross' post, but it requires going
though my records to assure accuracy. Meanwhile, I would like to repost
a letter from Bob Miller (the NRP director) which, at least in part,
identifies the NRP's position on open meetings and infers what their
position would be on Data Practices. Miller's argument that NRP
contractors are not as accountable as government agencies, makes
me hope that there is no additional NRP funding for Phase II without
amendments to the NRP statutes. Please refer to the bottom of this post.
Michael Atherton
Prospect Park
> Steve Cross wrote:
>
> > It is the pet theory of the author that when the government contracts
> > with any organization, then that organization becomes government and
> > is subject to all the laws regulating government. The reader might
> > want to hear the argument of someone other than a non-lawyer about why
> > there is any basis other than wishful thinking for that conclusion.
> >
> > Steve Cross
> > Prospect Park
> >
> >
> This is the crux of the issue, because the NRP contracted organizations
> are more than just "contractors" with the government. Particular
> governmental functions have been delegated to them, and they appear to
> flex wide-ranging powers, including approval of zoning variances,
> approval of purchases of MCDA land, distribution of public funds, etc.
> At what point do they become political subdivisions, subject to the
> minimal due process concerns, open meeting laws, data practices, that
> traditionally accompany government action? I'm not sure if this question
> has been answered in the past, but it does need to be determined today.
Miller's Letter:
February 21, 2001
Dear Mr. Atherton,
Last fall you wrote to me expressing concern about a vote taken
at a Prospect Park East River Road Improvement Association
(PPERRIA) meeting. The vote was to limit video and audio
recordings at PPERRIA's monthly meetings. You state that
PPERRIA is subject to the state Open Meeting laws (Minnesota
State Statute Section 471.705).
The statue you have referenced applies to government bodies.
It does not apply to neighborhood organizations. Although the NRP
contracts with over 50 neighborhood organizations, all of which
make it a practice to hold open meetings, these organizations are
independent bodies operating under their own Articles of
Incorporation, Bylaws, and state statues governing the operation
of non-profit corporations. The assertion that PPERRIA or any
other Minneapolis neighborhood organization is an arm of City
government is incorrect.
Our records show that this information was previously provided
to you in a memorandum date April 7, 2000. A copy of this
memo is enclosed for your convenience.
Sincerely,
Robert D. Miller
Director
cc: Joan Campbell, 2th Ward Councilmember
Steve Cross, PPERRIA President
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