A non-profit government transparency organization has filed a lawsuit against a state agency for its alleged failure to produce documents related to the unrest following the murder of George Floyd in 2020.
Public Record Media filed the district court complaint Thursday asking the Department of Public Safety to produce documents, including transcripts and recordings of interviews done in an after-action report conducted under contract with Wilder Research. Despite having two years to produce the records, DPS either has not responded or — only recently — said it doesn’t have the documents.
But Public Record Media founder and board member Matt Ehling noted at a press conference Friday that under the contract DPS signed with Wilder, all work product and documents produced for the study “must be immediately returned to the state by contractor upon completion or cancellation of this contract.”
The Wilder report was released in March 2022 and concluded, among other findings, that there was a lack of communication and coordination in the first days of arson and looting between Minneapolis, Gov. Tim Walz and his public safety leadership.
“The tragedy and trauma that unfolded in summer 2020 were significant, unplanned, and unprecedented,” the report concluded. “Moving forward, the state has the opportunity to focus on building functional systems, plans, and relationships that will lead to a response to civil unrest that supports all Minnesotans, especially communities of color and, specifically, Black Minnesotans.”
But the report only cited the people it interviewed in anonymous terms, such as “state law enforcement official” and “local government official.” While some of the more than four dozen interviews conducted were with community leaders and residents, Public Record Media limited its request to transcripts or recordings of interviews with then-DPS Commissioner John Harrington, then-State Patrol Chief Matt Langer, local police chiefs Booker Hodges and Medaria Arradondo, Minneapolis Mayor Jacob Frey and Walz.
And while it relied upon public government data, such as emails or text messages, those, too, were not released. Ehling said that Wilder was provided “unique access” to material and individuals and while the report is public, the information gathered by Wilder could give the public new insights into those seven days in May 2020 that shook the region.
“We acknowledge the public’s interest in the data related to the state’s response to the civil unrest following the murder of George Floyd,” wrote DPS spokesperson Howie Padilla. “DPS is actively working to review and process the data involved in this request. While we recognize that this process has taken longer than anticipated, it is critical to ensure that the information provided is accurate, complete and complies with all applicable
By failing to provide the data in a timely manner, the Public Record Media suit asserts that the state is in violation of the Data Practices Act and seeks the records, an injunction against the agency to compel compliance with the law, as well as court costs and penalties. It was filed in Ramsey County District Court and names the Department of Public Safety and its current commissioner, Bob Jacobson.
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The lawsuit was filed by attorney Tim Phillips, who is donating his time to Public Record Media, Ehling said.
Ehling said the lack of response displayed in this request fits a pattern he and others have seen with the Walz Administration’s government transparency practices. Requests, they claim, often languish or are fulfilled after hyper-technical interpretations of the request and the law in ways that limit what is produced.
“We have seen these kinds of problems growing over time, especially in this administration,” Ehling said. “The Walz Administration seems to be very focused on so-called narrative control, as people say in the P.R. business. Delaying until the news window has passed, or not giving out information that in our opinion they should.
“And it’s bleeding over into a lot of other government entities, too, which is unfortunate.”
Walz press secretary Claire Lancaster said this in response: “We take government transparency seriously. Our office has provided tens of thousands of pages of data and have added staff and technology to more quickly respond to data requests. We also have to carefully review these requests to ensure we comply with the law and protect employees’ personal information and sensitive government data.”
Walz’s nomination for vice president on the ticket of Kamala Harris has increased public and media interest in the performance of his administration, including the response to the civil unrest following the murder of Floyd by a Minneapolis police officer. It was after the VP pick that Public Record Media decided to push harder to have its two-year-old request fulfilled.
“We also seek to learn more, not only the decision making of top state officials including Gov. Walz during a consequential moment in recent Minnesota history, but we also want to learn why this simple data request has been stalled for over two years,” Ehling said.
Peter Callaghan
Peter Callaghan covers state government for MinnPost. Follow him on Twitter @CallaghanPeter or email him at pcallaghan@minnpost.com.
