Rodne v. Commissioner of Human Services

• Decision Date: 14 May 1996
• Docket Number: No. C3-95-2202,C3-95-2202
• Citation: Rodne v. Commissioner of Human Services, 547 N.W.2d 440 (Minn. App. 1996)
• Parties: Kjell J. RODNE, Relator, v. COMMISSIONER OF HUMAN SERVICES, Respondent.
• Court: Minnesota Court of Appeals

Page 440

547 N.W.2d 440

Kjell J. RODNE, Relator, v.COMMISSIONER OF HUMAN SERVICES, Respondent.

No. C3-95-2202.

Court of Appeals of Minnesota.

May 14, 1996.

Syllabus by the Court

When an individual disqualified pursuant to Minn.Stat. § 245A.04, subd. 3a(1994) requests reconsideration of the notice of disqualification pursuant to Minn.Stat. § 245A.04, subd. 3b(a)(1994), a determination by the Commissioner of Human Services on reconsideration is a final agency decision, reviewable by this court by writ of certiorari to determine whether the determination is arbitrary, oppressive, unreasonable, or fraudulent, or made under an erroneous theory of law or without any evidence to support it.

A request for reconsideration on grounds that the information relied upon by the Commissioner is incorrect pursuant to Minn.Stat. § 245A.04, subd. 3b(a)(1) is not a challenge to the accuracy or completeness of data pursuant to Minn.Stat. § 13.04, subd. 4(a)(1994), the Minnesota Government Data Practices Act.

When determining whether the information relied upon by the Commissioner is incorrect pursuant to Minn.Stat. § 245A.04, subd. 3b(b)(1994), the Commissioner may not disregard the information presented by the disqualified individual pursuant to Minn.Stat. § 245A.04, subd. 3b(a).

Michael S. Gerlach, Running & Gerlach, Duluth, for Relator.

Hubert H. Humphrey, III, Attorney General, Kim Buechel Mesun, Assistant Attorney General, St. Paul, for Respondent.

Considered and decided by HARTEN, P.J., and HUSPENI and PETERSON, JJ.

OPINION

PETERSON, Judge.

Following an investigation of an incident involving relator Kjell Rodne, the Department of Human Services(DHS) disqualified him from holding any position allowing direct contact with persons who receive services from DHS-licensed programs.Rodne requested reconsideration.Upon reconsideration, the Commissioner of Human Services determined that the information gathered during the investigation is accurate and complete, and the director of the DHS's licensing division determined that Rodne did not demonstrate that he does not pose a risk of harm to persons receiving services from the DHS.The disqualification was not set aside.

FACTS

Northwood Children's Home West is a residential treatment facility for emotionally and developmentally disturbed youths.Northwood is licensed by the DHS.

Rodne was Northwood's administrator.Four team supervisors, including supervisor Patricia Matejka, reported to a program director, who reported to Rodne.

On January 8, 1995, Rodne was off-duty and at home.He was neither on call nor equipped with a pager.The temperature on that day was zero degrees, with a 30-degree-below-zero windchill factor.

At approximately 2:30 or 2:45 p.m., Rodne received a telephone call from Matejka, who was on call that weekend.Matejka reported to Rodne that a senior counselor, L.S., and an inexperienced counselor, S.M., had taken ten boys from Northwood in a van to Gooseberry Falls State Park.L.S. had let several boys out of the van, and the boys had left the van and had not returned.

Rodne asked Matejka to get more information and call him back.Neither Rodne nor Matejka contacted law enforcement authorities.Matejka called Rodne again at some point between 2:45 and 3:15 p.m. Rodne learned that L.S. had allowed several boys to get out of the van alone, that L.S. and the remaining boys had gone to look for the missing boys, and that when L.S. brought some of the boys back to the van, he stated that things were "under control."

Matejka told Rodne that she had sent two experienced counselors to assist L.S. and S.M. Rodne believed that the situation was under control, and he left his home for a previously-scheduled meeting, leaving a forwarding number in case of an emergency.

Some of the boys had been in the woods since approximately 11:45 a.m.Most of the boys were not appropriately dressed for winter.Except for one boy, who was wearing a snowmobile suit and boots, the boys were dressed in tennis shoes and light jackets and were not wearing hats or gloves.One boy was wearing shorts.

Some of the boys were discovered soon after they had left the van.Two boys found their way back to the van at about 4:20 p.m., but were not taken to a hospital emergency room until approximately 6:15 p.m.Shortly after 4:20, another boy was found.He was admitted to the emergency room at 5:30 p.m. Two boys were picked up by a community resident and were admitted to a hospital at 5:15 p.m.

One boy was treated for second-degree frostbite on both feet, which resulted in blistering.Another boy had first-degree and second-degree frostbite to both feet, which developed blistering.One boy had frostbite from the lower 1/3 of his calves to his feet.His shoes were frozen to his feet, and he had mild hypothermia.Another boy had a sprained ankle.Three other boys had frostbite or "frost nip" to both feet.

At approximately 6:00 p.m., when Rodne learned more details about the incident, he went to Northwood and ordered that the remaining boys be taken to the hospital for examination.

The incident was reported to the DHS.An investigation by the DHS resulted in an investigation memorandum, which stated that Rodne and Matejka were

culpable for neglect by failure to protect children from conditions or actions which imminently and seriously endangered the children's physical and mental health when reasonably able to do so.

According to the memorandum, Rodne and Matejka actively decided not to notify law enforcement authorities about the situation.

As a result of the investigation, the DHS's licensing division notified Rodne that he was disqualified from holding any position that allows direct contact with persons receiving services from DHS-licensed programs.Rodne requested reconsideration of the disqualification decision, claiming that the information relied upon by the Commissioner is incorrect.Rodne claimed that he did not know the boys were inappropriately dressed, he did not know how long they had been in the woods, and he did not make an affirmative decision not to call law enforcement authorities.Rodne also claimed that he did not pose a risk of harm to persons served by the DHS.

The Commissioner responded to Rodne's request for reconsideration in a letter dated September 15, 1995.The Commissioner stated that the DHS had determined that the data gathered during its investigation are accurate and complete.The Commissioner informed Rodne of his right to appeal this determination to the Commissioner of Administration, pursuant to the Data Practices Act and the Administrative Procedure Act.

In a separate decision, the DHS's licensing division concluded that Rodne did not demonstrate that he does not pose a risk of harm to persons receiving services from the DHS.

ISSUES

Is the Commissioner's decision that the data in the investigation memorandum are accurate and complete a final appealable decision?

Is the Commissioner's decision that the data in the investigation memorandum are accurate and complete arbitrary, oppressive, unreasonable, or fraudulent, or made under an erroneous theory of law or without any evidence to support it?

ANALYSIS

I.

Following its investigation of the January 8, 1995, incident, the DHS concluded that Rodne was a perpetrator of maltreatment of minors under Minn.Stat. § 626.556(1994).Consequently, pursuant to Minn.Stat. § 245A.04, subd. 3a(1994), the Commissioner notified Rodne that he is disqualified from direct contact with persons receiving services from programs licensed by the DHS.SeeMinn.R. 9543.3070, subpt. 1(C)(1993)(Commissioner may disqualify individual identified as perpetrator of serious maltreatment of minors).

After receiving notice of disqualification, an individual who is the subject of an investigation by the DHS "may request reconsideration of the notice of disqualification."Minn.Stat. § 245A.04, subd. 3b(a).The individual must present the request in writing and must present information to show

(1) the information the commissioner relied upon is incorrect; or

(2) the subject of the study does not pose a risk of harm to any person served by the applicant or license holder.

Id.The commissioner may set aside the disqualification

if the commissioner finds that the information the commissioner relied upon is incorrect or the [disqualified] individual does not pose a risk of harm to any person served by the [individual].

Minn.Stat. § 245A.04, subd. 3b(b);see alsoMinn.R. 9543.3080, subpt. 3 (1993)(Commissioner shall set aside disqualification if Commissioner determines that information relied upon to make disqualification decision is incorrect or individual does not pose risk of harm to people served by program).

Rodne requested reconsideration and presented information to show that he had limited involvement in the January 8, 1995, incident, that he did not know the boys were inappropriately dressed, that he did not know the boys had been separated from the group for a substantial length of time, and that he did not deliberately fail to contact the appropriate authorities.

In a letter written in response to Rodne's request for reconsideration, the Commissioner stated that the DHS had determined that the information gathered during the investigation is accurate and complete.The Commissioner also stated that Rodne has the right to appeal this determination to the Commissioner of Administration under Minn.Stat. § 13.04, subd. 4(1994)andMinn.Stat. §§ 14.57 to 14.62(1994).

Minn.Stat. § 13.04, subd. 4(a) provides An individual subject of the data may contest the accuracy or completeness of public or private data.To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement.The responsible authority shall within 30 days either: (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or...