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Title: Legislative phone records as public data: Email from John Borger regarding 1993 legislative situation
Article Date: 4/18/2012
Source:
Author:
Type: Other
URL:
File: phone1.jpg
File: opinion.pdf 

Text: (Minneapolis attorney John Borger wrote about the 1993 situation regarding legislative phone records as public data. John Borger argued on behalf of the Star Tribune and Paul Hannah argued on behalf of the Pioneer Press for access to legislators' phone records.)

A 1993 tug of war over public access to legislative phone records ended with Ramsey County
District Judge Kathleen Gearin declaring legislative phone records to be
public data and ordering the House Administrative Services Department to
complete their physical release as quickly as possible. In re Grand Jury
Subpoena for Legislative Telephone Records, 21 Media L. Rep. 1345 (Minn.
Dist. Ct., April 7, 1993).
(See attached court record from the Library's files.)

The legal analysis focused on the
constitutionality of a statute passed as part of an appropriations bill,
stating that "notwithstanding any law to the contrary, legislator's
telephone records are private data." The decision did not expressly deal
with the Legislature as a "state agency," but the court stated it was
"influenced" by the "presumption that all data is public in the State of
Minnesota unless declared otherwise by a specific statute."

The legislature did not appeal, and on May 20, 1993, a bill was presented
to the governor stating: "Long-distance telephone bills paid for by the
state or a political subdivision, including those of representatives,
senators, judges, constitutional officers, heads of departments and
agencies, local officials, and employees thereof, are public data." That
is now codified as Minn. Stat. 10.46.
https://www.revisor.mn.gov/statutes/?id=10.46


Reporters investigating legislator phone records in the Legislative Reference Library


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