Article from the Cook News Herald: Full Article Link Below:
http://www.cooknewsherald.com/page1.html
February 9, 2012
A complaint brought by the Tower Timberjay and Marshall Helmberger
against Johnson Controls over the release of subcontract data with
Architectural Resources concerning the North Woods School was dismissed
by Administrative Law Judge Eric L. Lipman on Jan. 24.
CONCLUSIONS
1. The Administrative Law Judge is authorized to hear this matter pursuant to Minn. Stat. § 13.085.
2. Mr. Helmberger did not establish that architectural services are traditionally performed by school districts in Minnesota.
3. Mr. Helmberger did not establish that prior to the award of the
contract to Johnson Controls on February 25, 2010, architectural
services were traditionally performed by the employees of Independent
School District 2142.
4. Mr. Helmberger did not establish that architectural services is a
“governmental function” of the School District, as those terms are used
in Minn. Stat. § 13.05, subd. 11 (a).
5. Mr. Helmberger did not establish that the terms of the February 25,
2010, contract between the School District and Johnson Controls required
Johnson Controls to make its subcontracts available to the public.
6. Mr. Helmberger did not establish that the services contract between
the School District and Johnson Controls placed Johnson Controls on
notice that any subcontracts were subject to disclosure to the public.
7. After the close of Mr. Helmberger’s case-in-chief, Johnson Controls was entitled to move for an involuntary dismissal.
8. Johnson Controls demonstrated that it was entitled to dismissal of
the Complaint, because upon the facts and the law, Mr. Helmberger had
not shown a right to relief.
9. At many times during these proceedings, including on the day of the
evidentiary hearing, it was not clear whether Mr. Anfinson was appearing
as counsel for Mr. Helmberger or whether Mr. Helmberger was proceeding
on his own behalf and without representation. The conflicting statements
on this score, and the resulting confusion, hampered efforts to
efficiently develop a record for decision-making.
10. Minn. Stat. § 13.085, subd. 6(c) requires that the Office of
Administrative Hearings refund the filing fee of a substantially
prevailing complainant in full, less $50, and that the Office of
Administrative Hearings’ costs in conducting the matter shall be billed
to the respondent, not to exceed $1,000. Because Mr. Helmberger did not
substantially prevail in this matter, he is not entitled to refund of
the filing fee.
11. If the administrative law judge determines that a complaint is
frivolous, or brought for purposes of harassment, the judge must order
that the complainant pay the respondent’s reasonable attorney fees, not
to exceed $5,000. Mr. Helmberger’s complaint was not frivolous or
brought for purposes of harassment.
Based upon the foregoing Conclusions, and for the reasons set out in the
Memorandum that follows below, the Administrative Law Judge makes the
following:
ORDER
IT IS HEREBY ORDERED:
1 . The Complaint is DISMISSED.
2. Because the costs of the Office of Administrative Hearings in
connection with this matter exceed the amount of the filing fee, Mr.
Helmberger is not entitled to a refund of the filing fee under Minn.
Stat. § 13.085, subd. 6 (d).
3. Because the Complaint was not frivolous or brought for the purposes
of harassment, Johnson Controls is not entitled to recover reasonable
attorneys fees under Minn. Stat. § 13.085, subd. 6 (e).
Dated: January 24, 2012
s/Eric L. Lipman
ERIC L. LIPMAN
Administrative Law Judge
