will seek reversal of the Order of Administrative Law Judge Jim Mortenson dated April STATE OF MINNESOTA IN COURT OF APPEALS

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1 CASE NO. A May 26, 2016 STATE OF MINNESOTA IN COURT OF APPEALS Tony Webster, V. Respondent, Hennepin County and the Hennepin County Sheriff's Office, Petitioners. RULE REQUEST FOR LEAVE TO FrLE A JOINT BRIEF OF AMICI CURIAE LEAGUE OF MINNESOTA CITIES ASSOCIATION OF MINNESOTA COUNTIES TO: THE, COURT OF APPEALS OF THE STATE OF MINNESOTA Pursuant to Minn. R. Civ. App. P , the League of Minnesota Cities (League) and the Association of Minnesota Counties (AMC) respectfully request leave to file a joint brief of amici curiae in support of Hennepin County and the Hennepin County Sheriff s Office (Hennepin County). If this request is granted, the League and the AMC will seek reversal of the Order of Administrative Law Judge Jim Mortenson dated April 22,2016. Although this request is not timely, the League and the AMC respectfully request the Court to still consider it because of the statewide significance of the issues involved in this appeal. In addition, the briefing period has not yet begun because the parties are

2 waiting for the delivery of a transcript. Therefore, the lateness of this request will not prejudice the parties. Identify of Proposed Amici Curiae The League has a voluntary membership of 832 out of 853 Minnesota cities. It represents the common interests of cities before courts and other govemmental bodies and provides a variety of services to its members, including information, education, training, policy-development, risk-management, and advocacy services. The League's mission is to promote excellence in local government through effective advocacy, expert analysis, and trusted guidance for all Minnesota cities. The AMC is a voluntary association of all 87 counties in the State of Minnesota organizedpursuant to Minn. Stat. $ The mission of the AMC is to provide counties with support so that they may effectively perform the duties and responsibilities delegated to them by law. The AMC works closely with the legislative, administrative, and judicial branches of government on issues involving adoption, enforcement, and modification of laws and policies that affect counties, and represents the position of counties before state and federal government agencies and the public. Public Interest of Proposed Amici Curiae Tony Webster demanded Hennepin County to search seven million s and produce only s containing 20 separate terms, relating to biometrics and facial recognition. The administrative law judge found that Webster's demand was a proper request under the Minnesota Government Data Practices Act (MGDPA) and found that Hennepin County violated the MGDPA, in part,by failing to provide the requested data

3 in an "appropriate and prompt" manner. Hennepin County argued that Webster's demand was not a proper request under the MGDPA, or in the alternative, that the data-practices request was unreasonable because it was too burdensome. All Minnesota cities and counties must comply with the MGDPA. Therefore, all Minnesota cities and counties have a public interest in ensuringthat the MGDPA is not interpreted in a way that will require political subdivisions to comply with requests for government data that are excessively burdensome because of the general breadth of a request or because of the volume of data being requested. It would be bad law and bad public policy to interpret the MGDPA in away that causes an absurd or unreasonable result and that significantly interferes with effective government operation.l Desirability of Proposed Joint Brief It would be desirable for the League and the AMC to file a joint amici brief because the knowledge and experience of our members will allow us to provide this Court with a broader perspective of the legal issues and public policies at stake and to inform this Court of "facts or matters of law that may have escaped its consideration."2 'Minn. Stat. ß (L) (when construing statutes, courts should presume that the legislature does not intend a result that is absurd, impossible of execution, or unreasonable); KSTP-TV v. Ramsey County, 806 N.W.2d 785,788 (Minn ) (quotation ornitted) lnoting that the purpose of the MGDPA is to balance "competing rights within a context of effective government operation"). ' State v, Finley,64 N.W.2d 769,713 (1954) (discussing the appropriate role of an amicus curiae).

4 For all of these reasons, the League and the AMC respectfully request leave to file a joint brief of amici curiae in Hennepin County's support, Dated: 5/26/16 By: Susan L. Naughton (#259743) LEAGUE OF MINNESOTA CITIES 145 University Avenue West St. Paul, MN (651)

5 LEAGUEOF MINNESOTA CITIES CONNECTING & INNOVATING SINCE May 19I326, 2016 May 26,2016 Clerk of the Appellate Courts 305 Minnesota Judicial Center 25 Rev. Dr. Martin Luther King, Jr., Blvd. St. Paul, MN RE: Webster v. Hennepin County Appellate Court File No. A Dear Clerk of Appellate Courts: Attached for electronic filing is a Rule Request for Leave to File a Joint Brief of Amici Curiae by the League of Minnesota Cities and the Association of Minnesota Counties along with an Affidavit of Service. By copy of this letter, I am serving a copy of the Rule Request by U.S. Mail on all counsel requesting conventional service. Additional counsel were served through E-MACS service. Sincerely, Susan L. Naughton Susan L. Naughton Staff Attorney League of Minnesota Cities cc (w/encl.): Randy M. Lebedoff Jennifer Lynch Daniel P. Rogan 145 UNIVERSITY AVE. WEST ST. PAUL, MN PHONE:(651) FAX, (ó51) TOLL FREE: (800) WEB: