The Upper Midwest Law Center (UMLC) filed a lawsuit on behalf of Hampton Township residents Erik and Kathleen Porten, alleging extensive and willful violations of the Minnesota Government Data Practices Act (MGDPA) by the City of Hampton and senior city officials
The case arises after the Portens submitted public data requests seeking information related to a proposed 1.5-million-square-foot data center development that could significantly impact the small Dakota County community.
What they discovered, according to the complaint, raised serious concerns about transparency, record retention, and compliance with Minnesota law.
The lawsuit alleges that the City:
- Failed to search email accounts used by the Mayor to conduct city business;
- Delayed responses for months at a time;
- Produced records containing unexplained and unauthorized redactions;
- Attempted to impose unlawful fees for merely inspecting public data;
- Failed to update its required data access policy for nearly 20 years; and
- Required the Portens to inspect hundreds of pages of documents while standing at a service window rather than in a reasonable inspection setting
The complaint further alleges that the City Clerk does not have access to personal or non-city email accounts used by city officials for official business, meaning public records may not be properly retained or searchable as required by law.
At its core, the lawsuit argues that the Minnesota Government Data Practices Act exists to protect an informed citizenry and to ensure accountability in local government.
The right to access public records is not a courtesy extended by government officials; it is a legal obligation,” said Doug Seaton, President of UMLC. “Transparency laws exist so citizens can understand what their government is doing. When those laws are not followed and public information is withheld, the courts are the proper place to enforce those protections and restore trust.”
The lawsuit seeks declaratory and injunctive relief requiring full compliance with the Portens’ data requests, proper record-retention procedures, lawful inspection practices, and statutory remedies provided under Minnesota law.
Click here to view the complaint.