The James J. Hill Library as captured by Michael Boeckmann (Star Tribune)

The James J. Hill Library as captured by Michael Boeckmann

This week the James J. Hill Library  was named the greatest historical treasure among the nation’s libraries in Gale’s nationwide photo contest.  (Kudos  go to local photographer Michael Boeckmann for this award-winning photograph, which appeard in the Star Tribune and Pioneer Press.)  The Hill Library is roughly one block up the street from the Ramsey County Courthouse, and is a must-see stop for downtown visitors making the historical architectural tour.  Built in response to Hill’s preference that celebratory money be spent on a “research center” in leiu of a grand celebration to commemorate the opening of his Great Northern Railway, it was dedicated in 1921.    Don’t overlook the resources of the Hill Library for assistance with your business research.  With access to extensive database resources through EBSCO,  “[t]he Hill’s Business Librarians can assist businesses, freelancers, entrepreneurs and nonprofits in finding information that will be useful in opening a new store, finding new clients and delivering new products or services.”  Read more about the James J. Hill Library and its services here, or check out their excellent blog.

This week is also when libraries everywhere are recognizing National Library Week.  Officially sponsored by the American Library Association (ALA), it is a time to celebrate the contributions of libraries and librarians and to promote library use and support.  The Ramsey County Law Library is recognizing National Library Week from Monday through Friday this week.  Visitors to the library can help themselves to a free pocket Constitution. This year’s theme is “Lives Change at Your Library.” 

 

Checking out Charities

file000500651100[1]Nowadays we are all pretty wary as to which businesses and individuals we choose to trust.  An understandable outlook in a time of fraud and identity theft, we may not have the same high standards when it comes to nonprofits. After all, it’s counterintuitive to our principles that an organization purporting to exist for a good cause would be up to anything other than good causes.  Unfortunately, not every so-called nonprofit has such good intentions.  Or it may have the best intentions, but also faulty administration and a poor track record to match.  Or it may generally do good work, but have cracks in its system that lead to performance problems and allow funds to leak out. 

The Law Librarian is always sad to hear people’s experiences with area organizations wherein they didn’t get the help they hoped for. If you have had a bad encounter with a nonprofit organization (or what you were led to believe was a nonprofit), you may want to contact the Minnesota Council of Nonprofits (MCN) to let them know.  If you think your rights as a consumer have been violated by a nonprofit, consider filing a complaint with the Minnesota Attorney General.  Going forward, how can a person investigate a nonprofit’s reputation before dealing with them?  According to this New York Times article,you may want to look at investigative resources like Charity Navigator and Guidestar.  And the Better Business Bureau has been shining a light on shady operations for years.   

If you regularly work with Minnesota nonprofits, be aware of the Minnesota Council of Nonprofits’ featured publication, Principles & Practices for Nonprofit Excellence .  They also publish the 2014 Minnesota Grants Directory if your nonprofit is in need of funding assistance.   Finally, if you are looking to make a career change and think you would like to work in a nonprofit setting, see their excellent job board link.

 

The Hole Situation

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Readers, did you get out of the house to enjoy the beautiful weather we experienced last Sunday?  Did you perhaps go for a drive in the country?  Or did you bring out your bicycle or motorcycle for the first ride of the season?  Or maybe you considered or even attempted one of these activities, but quickly changed your plans when you saw how many new potholes Minnesota streets and highways picked up over the winter.    Minnesota pothole repair promises to be an extra-large project this year, which is why a legislative committee recently added $15 million into a transportation funding bill to pay for work.   St. Paul Mayor Chris Coleman estimates that it will cost $70 million to repair the decayed streets of St. Paul alone.

Short of being extra-careful, there is little one can do about potholes in the immediate future until road crews can get to work on them.  Want to make sure a particular pothole gets its due attention?  There is online reporting information specifically for Minnesota, Ramsey County, and St. Paul potholes.  Have you suffered loss or injury due to a pothole that you feel warrants a tort action against the State?  The Minnesota Department of Transportation offers some information about the Minnesota Tort Claims Act.  For tort actions against municipalities, start by reading Minnesota Statute §466.

 

Understanding-the-ADA-Goren[1]Most of us fortunate enough to live without the challenge of a disability may be unaware of what is contained in the Americans with Disabilities Act (42 U.S. Code § 12101 – 12103) and how it applies to a disabled person’s life of work, travel, and education.  Unless their practice specifically addresses it, attorneys are apt to be similarly unaware.  ADA consultant William Goren claims he wrote Understanding the Americans with Disabilities Act (ABA 2013) specifically to address what he considered to be the shortage of legal materials  devoted to making the ADA understandable.  The new Fourth Edition  goes into some of the new complexities of recent disability claims.    This book includes new expanded topics, including discussion of how ADA relates to sports and the Rehabilitation Act, use of negligence action as an alternative legal remedy, and improved checklists and forms.  It also offers expanded guidance on legal remedies and determining whether or not one has legal standing.

People wanting to file their own ADA claim with the Department of Justice can do so directly at the ADA website.  More legal information to assist those with disabilities is available at lawhelpmn.org or at disability.gov. For job accommodation questions related to the ADA, see askjan.org, a service of the Office of Disability Employment Policy, U.S. Department of Labor.

 

The Need for Greater Fire Safety

 

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As our severe winter starts to wind down, it’s a good time to step back and take note of how critically important a subject like residential fire safety really is.  Unfortunately, we have seen a rash of  residential fire disasters in the area of late, such as here, here, and here.  Plus, this tragic Minneapolis occurrence cannot be ignored.  Who could forget this holiday headliner?  This other Minneapolis disaster from a few years ago only just now came to settlement.  A recent article in the Minnesota Lawyer quoted a local attorney as stating that there is a lack of fire safety education resources for residential landlords. 

That said, what can people do to prevent residential fires such as these?  Don’t underestimate the importance of good working smoke alarms, as people often do.  You may ask the St. Paul Fire Department for a free smoke detector, or they will make a house call to test your existing one.  If you are a tenant living in St. Paul and have a situation that you think warrants inspection, you may contact the City Dept. of Safety and Inspections at (651) 266-8989.  If you a landlord of a single-family rental or duplex in St. Paul and don’t live on the premises, you are required to register your property.  More information is available at the City Dept. of Safety and Inspections website.  Additionally, if you are a landlord or attorney practicing in housing law, you may want to purchase your own copy of the Minnesota State Fire Code

Finally, Ramsey County landlords and tenants are both welcome to attend our Housing and Conciliation Court Clinic where they can present their questions to a volunteer attorney.

 

 

Tax Filing for Families

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As this brutal winter brings us up to tax time, many eligible folks can at least find some comfort in a possible tax refund.  Families in particular owe it to themselves to be aware of what credits they may be eligible for.  The most visible credit for families is The Earned Income Tax Credit (EITC), a refundable tax credit for people who worked in 2013.  The credit ranges from $2 to $6,044. Eligibility and credit amount depends on your income, family size, and other factors.  Unfortunately, about one in five taxpayers eligible for the federal Earned Income Tax Credit fail to claim it.  You can quickly glean your eligibility and for roughly how much with the EITC Estimator.  Other oft-overloooked credits are the Minnesota Dependent Care Tax Credit  and the K-12 Education Deduction and Credit.

Need some help preparing your tax forms?  To find one of the more than 250 free tax preparation sites in Minnesota, see  the Minnesota Departrment of Revenue  (income eligibility restrictions apply).

 

Packing Heat in the Cold State

OLYMPUS DIGITAL CAMERABy happenstance, the Law Librarian recently had opportunity to visit a full-service gun shop and shooting range.  As someone who had no prior experience with handguns, this experience was incredibly informative and educational.  It included detailed overviews of weapons (in my case both a semi-automatic and a revolver handgun), gun range safety and protocol information, and hands-on assistance from the staff in both loading and firing the weapons.   Visiting such an establishment can provide valuable hands-on experience for anyone who might be considering the purchase of a handgun, interested in a career in law enforcement, or a wants to treat a foreign guest to a uniquely “American” experience.

This encounter prompted a search for Minnesota handgun legislation and consumer tools.  The bulk of Minnesota handgun restrictions are codified in Minnesota Stat. Section 624.713, with Minnesota’s conceal and carry legislation being codified in Minnesota Stat. Section 624.714.  To obtain a permit to purchase/transfer a handgun or a permit to carry in St. Paul, bring a completed application to the St. Paul Police Department headquarters.  For Ramsey County municipalities and communities without police departments, see this page.  If your permit application is denied, you have the option of filing a Petition for Reconsideration.  Other helpful resources include the Ramsey County Sheriff’s Department, and this information brief from the MN House of Representatives Research Department regarding prohibited locations for firearms.  If you wish to sit down and read not just legal but practical facts and application pertaining to handgun possession, consider reading Minnesota Permit to Carry a Firearm Fundamentals by Michael Martin.

Felons are ineligible to possess handguns in Minnesota pursuant to Minn. Stat. Section 624.713, but Minn Stat. Section 609.165 lays out the procedure for the restoration of felon handgun rights.

 

It’s Time to Get Back to Work

DEED Librarian Dru Frykberg

DEED Librarian Dru Frykberg

It’s good news that unemployment is slowly but surely shrinking across the country, with national unemployment down to 7%.  Minnesota, which weathered the recession better than most states, currently has 4.6% unemployment.  Yet, state officials would still like to see unemployment numbers continue to fall with the creation of more jobs, which would allow still more Minnesotans to get back to work.  This is no doubt why Governor Mark Dayton recently announced that businesses looking to expand their operations and hire new workers in Minnesota may qualify for assistance from the newly-created Minnesota Job Creation FundAdministered by the Minnesota Department of Employment and Economic Development (DEED), the goal of this $25 million program is to create an estimated 5,000 new jobs statewide and attract another $450 million of private investment.  DEED is currently accepting applications from businesses seeking financial assistance to expand or locate in Minnesota. Businesses engaged in manufacturing, warehousing, distribution, and technology may be eligible.  More information on the Minnesota Job Creation Fund is available here.

Are you looking to start a business or expand your existing business but find you have questions? Much free information to assist you in starting or administering your business is available through DEED and can be ordered through this link.   Assistance in finding answers to specific questions may also be found by contacting DEED through their website, visiting their convenient St. Paul skyway location or by calling 651-259-7114.

 

Alternative Dispute Resolution (ADR)

file000578704892[2]Your cousin wore out the welcome to your guest room months ago, but you don’t want to evict him and blemish his rental record.  Your neighbor’s dog has invaded your yard and destroyed your property, but you don’t want to drag your neighbor into court.  The weekend business you and your buddies started never got off the ground, but now they refuse to reimburse you for the start-up costs.  No matter how strong your potential case is on legal merits, you may understandably have cold feet about taking your neighbors, friends, or family members to court.  You wish for a fair resolution, but the court system might seem unnecessarily harsh and overbearing. Then there are also the painful expenses that come with traditional litigation, including lawyers and filing fees

Many people forget that there is often a more private (and perhaps more civilized) way to resolve issues. That, at least, is the hope offered by alternative dispute resolution (ADR), which includes both mediation and arbitration.  According to Nolo.com, the two are different in that a mediator typically lacks authority to render a decision, but instead assists the parties informally toward crafting their own agreement.  Most civil disputes can be mediated, including matters of contracts, leases, small business ownership, employment, and divorce. Arbitration is different in that an arbitrator acts much like a judge, conducting a contested hearing between the parties and then renders a legally binding decision.

Even if you do decide to file a case in civil court, you will eventually be offered information on ADR.  Rule 114 of the Minnesota General Rules of Practice requires information for parties on ADR, who are then required to discuss possible utilization of ADR in their case. The court may also order the parties to attend a non-binding ADR process.  Parties are not required to settle their differences through ADR, but they must at least discuss their differences with the neutral and attempt to resolve their differences prior to a trial.

See here  to see if ADR might be a possibility for you.

 

Ramsey County Veterans Court

file0001292130605[1]For soldiers returning home from active duty, the successful reintegration back into civilian life often poses one of their biggest battles.  In addition to the usual mental health issues and employment challenges, this struggle can also leave veterans more vulnerable to run-ins with the criminal justice system.   This is the reality behind the recent launch of the Ramsey County Attorney’s Office’s newest collaboration, the Ramsey County Veterans Court

With the help of a $350,000 federal grant, this effort “is targeted at veterans charged with nonviolent crimes who may be suffering from emotional and mental health issues, chemical dependency and employment problems connected to their service.” This project has much in common with the successful Mental Health Court insofar as using social services to address the underlying problems that can put veterans on the wrong side of the law, but also brings local and federal veterans officials to the table. According to St. Paul City Attorney Sara Grewing, the program will also connect veterans with resources like counseling, health care and U.S. Department of Veterans Affairs benefits. Another cornerstone of the Veterans Court is fellow-veteran mentorship.

The Veterans Court is designed to handle up to 25 cases at a time.  According to Kim Bingham (assistant director of the criminal division of the Ramsey County Attorney’s office), police will distribute business cards with Veterans Court contact information to suspected criminals who have served in the military, which will then allow veterans to apply for the program.  You can view the Veterans Court Facebook page  or find other Ramsey County veterans services here.