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Farmington school official won't face a felony case

December 31, 2010 at 2:02AM
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The Dakota County attorney's office will not pursue charges against a Farmington school board member accused of violating state law, saying that there's no evidence he committed a felony.

The school board censured Tim Burke earlier this month after an attorney for the board said an investigation showed evidence that Burke illegally disclosed private personnel data and information discussed in closed board meetings.

The board asked the county attorney to consider criminal charges against Burke, but the offenses described in a report on the investigation fall short of felonies, said Phil Prokopowicz, chief deputy Dakota County attorney. The county attorney's office doesn't usually prosecute misdemeanors, so the report was handed off to Farmington's city attorney this week, Prokopowicz said.

The city attorney could not be reached for comment Thursday.

The board ordered the investigation after months of mounting tension between Burke and other members. Several members say that Burke has persistently bullied district administrators and burdened them with unnecessary data requests. Burke has said that administrators have dragged their feet in providing public information.

Burke's attorney, Fred Finch, said that Burke hasn't broken any laws and that legal advice given to the school board was based on a "fundamental misunderstanding" of the state's open meeting and data practices laws.

SARAH LEMAGIE

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