Fletcher won't face charges for using private data

Updated: July 26, 2010 - 7:40 PM

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Ramsey County Sheriff Bob Fletcher will not be criminally charged for using private data to establish a mailing list and solicit attendance at a charity event held by his office.

Attorney Thomas Lehmann made the decision as a special city prosecutor for the city of St. Paul. The city attorney declined to investigate the case because of a possible conflict of interest.

Lehmann said there was not sufficient evidence to file misdemeanor charges against Fletcher for allegedly violating the Minnesota Data Practices Act. Fletcher sent correspondence to more than 3,000 conceal-and-carry permit holders inviting them to a charity event at the sheriff's gun range last December.

Two permit holders issued complaints about use of their data, and state Department of Administration Commissioner Sheila Reger wrote in March that Fletcher had violated state law.

But Lehmann said in a news release Monday that "even though the data is private, the statute requires that the individual must willfully violate the provisions of the chapter, and under the facts and evidence of this case there is insufficient proof of a willful violation."

Lehmann said his decision does not condone Fletcher's conduct.

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