Johnson Controls, Inc. has turned to David Lillehaug, one of the most well-known and politically-connected attorneys in Minnesota to fight a new information request from the Timberjay.

Lillehaug, a former U.S. Attorney in Minneapolis, made an unsuccessful bid for the DFL endorsement for U.S. Senate in 2000. He has since gone on to successfully represent both Al Franken and Mark Dayton in their subsequent election recount battles. Lillehaug now works for the Minneapolis firm of Fredrikson & Byron.

In January, the Timberjay submitted an information request to the school district seeking an annual operational cost estimate for the wastewater treatment plants, water supply, and stormwater management systems that JCI had designed for the school district’s two new schools. The Timberjay also requested a copy of the contract related to architectural design services for the new school projects.

All of the requested information is covered by the Minnesota Data Practices Act and should be available to the public, according to Timberjay Publisher Marshall Helmberger.

“Obviously, it’s critically important that the public and the school district understands what it will cost to operate these building systems we’re going to be installing for these new schools,” said Helmberger. “Without that information, the school district can’t reasonably budget for next year and school officials should have requested this data long ago.”

Superintendent Charles Rick told the Timberjay that the district has asked JCI to provide the information, but that the company has so far failed to do so.

Lillehaug, in a March 9 letter, denies the Timberjay’s information request, in part because he says the Timberjay failed to pay a $3,900 invoice from JCI for a previous request for data.

In a March 10 response to Lillehaug, Helmberger noted that the Minnesota Data Practices Act limits the ability of governments or their contractors from charging excessive fees for information. In fact, for requests under 100 pages, the law limits the charge to no more than 25 cents per page. According to Helmberger, JCI previously provided 28 pages responsive to the newspaper’s first information request, which would allow JCI to charge no more than $7 under the limitations provided for in the law.

“Certainly, your client’s demand for $3,900 to comply with a minimal request for information is contrary to both the letter and the intent of the MDPA,” Helmberger wrote.

In that previous request, the state Department of Administration issued an advisory opinion that JCI had violated state law when it initially refused to comply with the Timberjay’s information request. Helmberger, on Monday, forwarded another request for an advisory opinion from the same department. In it, Helmberger is challenging JCI’s $3,900 invoice, as contrary to state law. “It is a transparent attempt by JCI to avoid compliance with the MDPA by making the cost of even minor data requests outrageously expensive,” Helmberger wrote in his request to the Dept. of Administration this week. “If allowed to stand, this tactic would have an extreme chilling effect on most media and would essentially negate the intent of the MDPA, which is to provide the public with reasonable access to government data.”

Helmberger is also asking the department to rule on whether JCI must provide the operational cost information on the wastewater treatment plant and other building systems, as well as the subcontract that the company maintains for architectural services on the school projects.

“I’ve been impressed with Mr. Lillehaug over the years, but we’re not going to accept JCI’s failure to comply with the law, no matter who is representing them,” Helmberger added.