Request for proposed legal services
This is a request for proposal to any licensed and practicing
Minnesota
attorney or attorneys. It is tendered by concerned citizens of the
Duluth
School District
who feel that their School Board unfairly and possibly illegally denied them
the right to vote on a referendum on the single largest school building project
in
Minnesota
history.
We can reasonably assure that we will be able to raise a minimum of $20,000
for legal services this year. Our attorney must be prepared to be outmatched by
oOur adversaries Johnson Controls, a fortune 100 company, and the Duluth
School Board with an $130 million annual budget .
These are the facts of the case:
In 2006 Johnson Controls Inc, a firm that is primarily a
manufacturer of air quality equipment began a relationship with the Duluth
Schools which culminated in its hiring by the District under unorthodox
circumstances to design, and supervise a District-wide building plan costing
$293 million.
Early in the process it was decided to avoid if possible
holding a referendum on the ensuing bond which might scuttle the plan. The
State Dept of Education eventually approved the plan justifying it on
unexpected and novel interpretations of state laws . (While it is true that there
have been numerous exceptions written into state laws over recent decades to
avoid referendum which apply to all Minnesota School Districts we feel this
surprising interpretation of the law was not only unexpected but dubious.
Two Minnesota Cities do operate under special legislation
which expands their school boards authority in this regard. They are
Minneapolis
and
St. Paul
. They are also lumped in a legal category called “Cities of the First
Class” along with
Duluth
which originally pertained to Cities with a population of over 100,000. Since
that time
Duluth
’s population has sunk below this level but the law has been modified so
that it has retained is membership in this special class of cities.
This classification is important because a different law
was passed which referred to
Duluth
but did not name it some fifteen years ago. It provided
Duluth
with a chance to bond while foregoing a referendum for several specific
reasons including to enhance integration. The current plan which has been
authorized in fact, will increase the segregation of the city in seeming
contradiction to this provision.
The Duluth Citizens who are proffering this RFP for legal
services are primarily interested in casting a vote on the “Red Plan.” To
that end we are looking for legal representation which will accomplish one or
all of the following things.
Help us postpone the further implementation of the plan
(as of 2008 only about $10 million of the $293 million will have been used for
construction) by winning an injunction or a clear cut legal order to cease and
desist.
Help us overturn the MDE’s concession about the various
laws which authorize the
Duluth
School District
to proceed without a referendum.
At present there is one such legal action being leveled
at the City of
Duluth
and the Duluth School Board based on federal environmental law. This suit will
continue but does not concern our RFP
There are three principal possible legal issues that we
feel might win us the delay of the Red Plan until a new school board is
elected in 2009. They are:
- A
challenge of the
School District
’s unprecedented surrender of power over the construction of the Red
Plan to Johnson Controls Inc. including A. possible illegal initial design
work by unqualified persons, B. Improper adoption of a contract due to a
questionable bait and switch proposal on the part of Johnson Controls. C.
improper contractual language that gives
JCI
the power to make business decisions in the District worst interests
because of its own conflict of interest is enshrined in the contract, hand
off in (This route could be
perilous for us because the discovery and analysis period could be time
consuming)
- The
violation of either the letter or spirit of the law having to do with the
State’s statutory commitment to ensuring integration and discouraging
desegregation.
- A
constitutional civil rights suit challenging State Laws which seem to
create two classes of voters with unequal rights despite the 14th
Amendment’s call for equal protection under the law to wit: that
citizens in Minnesota Cities of the First class are deprived of the right
to vote for some school bond referenda that citizens in all other
Minnesota municipalities and districts enjoy. (The ACLU has been contacted
but declined to take our case due to limited resources but might be
willing to join us with an amicus brief)
We are confident that we can raise approximately $20,000 in
a short time. Other resources will be solicited from the public depending on the
need. In the event of a constitutional challenge which could nullify several
state laws the challenge would be of long standing yet in many ways it would be
the most gratifying.
Because our principal immediate desire is to slow down the
“Red Plan” it may not be critical to have a court victory immediately just a
court delay. We wish legal firms considering an offer of their services to
consider this practical objective. How are they suited to helping us slow down
the Red Plan.
Before hiring attorneys to help us we would like to know in
addition to hourly costs and other expenses something about the experience of
the firm with regard to the three principal legal challenges we have outlined.
Their recommendations on the practicality of pursuing any of the three avenues,
and any predilection to pursue that avenue. (For instance is a law firm or
lawyer particularly drawn to the idea of making a Constitutional Challenge or
particularly experienced in untangling complicated contractual arrangements or
drawn to cases of civil rights enforcement. Because cost will be a factor we
would like you or your firm to provide an analysis of the possible costs of any
legal work you or your firm would be willing and competent to perform and which
might be expected in your preferred legal challenge on our behalf.
Fill out this application form copy it and email it to
Harry Welty via email to harrywelty@charter.net
or print it and mail it via postal service to: Harry Welty,
2101 E 4th St.
,
Duluth
MN
55812
by
August 31, 2008
.
We will contact our top applicants by phone for an initial short interview and
then conduct a longer interview in your offices or at any reasonable locale of
your choosing.
