Accountability for some of the Landform-Flaherty stuff in terms of voting out some on council has happened; but what about that Legacy ploy?
Accountability seems due and owing for that morass. Overdue perhaps.
I suggested to Jason that it was on his watch so he should know things already.
He denied that.
He said he and Backous then were council members elect when the purported Legacy relocation suggestion/promise was put into play.
Tossey said Bob Ramsey and Colin McGlone were on council, and Matt Look was a county board member elect. But his best recollection was that Look was on Ramsey's council when Legacy
To discover the facts would involve review of paperwork, communication trails.
Landform involvement if any at the outset would be relevant. Much that would need sunshine.
My impression, when Look was on council he most surely seemed to be the mayor's sparkplug. Buying Town Center, all that.
Any reader with knowledge wishing to help tell the story and determine and assign accountability, is asked to email me. What do you know and how did you learn that? If not me, better even -- contact Tossey. His city email and phone number are on the City's website.
Here is hoping he detects something helpful to the city's fisc. Cause for a recovery.
UPDATE: Terms such as boondoggle, ploy, morass suggest a possibility of unfair dealings or motive. However, quantum meruit, does it apply? What about, quasi-contract, promissory estoppel, even if there was no wrong motive, no intent to mislead? Or was there an express contract, or some meeting of minds which was repudiated?
Readers should not read too much into the use of terms. Without sunshine on the entire thing, autopsied, subjected to forensic accounting, it would only be guesswork at motivations and intents. If it was not a ploy, but something involving pure good faith, what's the evidence of that? I have none, yet. But it surely is one very interesting question. And pertinent for advancing the aim of good and responsible representative government. Which is something of a goal we should all keep in mind. Constantly in mind. Accountability. Not just a word.
And in choosing words, morass is perhaps for now the most correct and descriptive term for the status of what Legacy Chritian Academy representations caused. One big mess of a morass.
Boondoggle too, SNAFU? Those seem neutral enough. "Ploy" might be too prematurely judgmental.
Unjust enrichment? That is a term
FURTHER UPDATE: My understanding is Mr. Look is an alum of that school.
Is Mr. Lazan? Reader help needed, again.
FURTHER UPDATE: Tossey said what he said but it was difficult to infer if there was any consensus of the five councilmembers present at the Worksession. My understanding is investigation of city records can yield some knowledge, but if litigation exists, there is compelled discovery which can reach beyond one's own files and records. Often discovery is helpful since some elements of a cause of action, particularly state of mind, need circumstantial evidence from which the trier of fact can make reasonable inferences, in order to determine whether, factually, a required element has been proven by a preponderance of evidence. I know Washington State has a pattern jury instruction, which Minnesota may have also, to the effect that circumstantial evidence is of equal weight to direct evidence, but that inference by the trier of fact is required. Something like that. Cases online indicate that in civil litigation rather than criminal prosecutions, the evidential standard term "preponderance of evidence" applies.
Discovery only comes into play if litigation is pending. Absent that, one's abilities to attain information are more limited. Whether any cause of action may succeed or fail is indeterminate absent trial. If all legal questions were determinable absent trial, we'd need no judges.
FURTHER UPDATE: My understanding is much MSA money was committed in a particular way in reliance on promises and/or representations of Legacy Christian Academy; money that would otherwise have been generally available to the community for other road-related purposes. One intersection, in particular, Armstrong at Hwy 116, was duded up spectacularly. At substantial cost. Detail of how that commitment of funds that way came about might be informative to our citizens in Ramsey and elsewhere. Puma Street got paved. For what possible reason? It seems questionable, to the point that the question should see council attention. From this present council.
Now, after all, Ramsey officials wrestle with how to fund needed steps to maintain town roads. We suffer that consequence.
FURTHER UPDATE: Would any reader knowing the ownership history of the Legacy Christian Academy real property west of Armsrong Blvd email me detail? If/when it was in tax base, that kind of thing, who shows up in chain of title, and what relations might that person/entity have to others, that kind of thing?
Present council diligence in finding answers to such pertinent questions is urged as something approaching a civic duty. If money was wrongly spent beggering other needed things now, is it actionable, might there be a recovery possible in court?
Exploring potential causes of action surely seems a duty officials should acknowledge and meet.
Minn. Stat. Ch. 554 related activity may be needed to goose some action. A bit of "public participation" cannot hurt. Public policy of our State favors that, hence the Chapter's existence.
554.01 DEFINITIONS.
Subdivision 1.Scope.
The definitions in this section apply to this chapter.
Subd. 2.Government.
"Government" includes a branch, department, agency, official, employee, agent, or other person with authority to act on behalf of the federal government, this state, or any political subdivision of this state, including municipalities and their boards, commissions, and departments, or other public authority.
[...] Subd. 6.Public participation."Public participation" means speech or lawful conduct that is genuinely aimed in whole or in part at procuring favorable government action.
[...]
History: 1994 c 566 s 1
[italics emphasis added]
It could even grow to be an election issue at some point.
Indeed, accountability should be an election issue, every election.
It is a fundamental part of how citizens can protect against inappropriate excesses, and deficiencies of judgment.
FURTHER UPDATE: Depending upon facts and reasonable inferences from facts, expenditures made in reliance on a promise/representation can be a measure of recoverable damages in litigation; as well as unjust enrichment being another measure. Surely doing nothing is an alternative to suing, and discretion rests with elected representatives to do the right thing in exercising discretion. There is necessarily much leeway. Also, the common linguistic meaning of "accountability" can exist and be judged by the public apart from any technical usages of wording in judicial matters. Finally, judicial seeking of a remedy, even if failing, may have a beneficial community effect in terms of airing issues and concerns, yet always, the basic truth of things is you will get no judicial remedy without seeking one.
FURTHER UPDATE: Judge Dehen was on council then; a judge-elect, but serving out a remainder of a Ward 3 term; if Tossey's understanding is correct as to when the improvements benefiting Legacy Christian Academy were instigated.
Not on Tossey's watch.