Showing posts with label Sunshine Law. Show all posts
Showing posts with label Sunshine Law. Show all posts

Friday, January 10, 2020

"Transparency promotes trust," thunders local chain newspaper's editorialists -- unless THEY'RE the ones avoiding transparency.


Mike Moore kicked off the year in a blatant fit of sheer greed, and it wasn't very pretty.

The Jeffersonville mayor's inelegantly stage-managed bid for a 30% raise was so egregious that even our local chain newspaper took note, and rightly mounted the soapbox in protest.

Naturally, later this year at the annual shill ceremony concocted by its corporate master, the News and Tribune will win an award for best coverage of municipal events occurring just outside the office door, before adjourning to attend mocktail party for Alabama pensioners.

Just as predictably, in New Albany our City Hall expended six full months in a coordinated effort to rebuff "sunshine law" public information requests before being called on the carpet and fined by a judge.

Nope, not a peep from the principled editorial team at the News and Tribune.

It's worth repeating that one of the information requests spurned by New Albany's spigot-smothering city functionaries sought clarity about the amount of money spent each year by City Hall via its contract with ProMedia for purely discretionary advertisements, often thinly-veiled mayoral campaign ads, with this money flowing to places exactly like the News and Tribune.

Not one of the three links in this chain of taxpayer cash -- city, contractor or newspaper -- will tell us the answer to a simple question: Exactly how much money is involved?

Where's the transparency in this situation, exalted newspaper editorialists?

Thankfully one of these links, city government, is subject to Indiana state law pertaining to the necessity of honoring information requests, and yet instead of obeying the law, it threw a tantrum and delayed compliance until after the election, and only when forced to do so by the judiciary.

If the newspaper won't call out this sort of behavior, who will?

NT Editorial: Transparency promotes trust

THE ISSUE: Integrity in office

OUR VIEW: Mayor Moore and Councilman White fell short of expectations on salary scenario.

 ... The people deserve leaders who are transparent and forthcoming, and who follow procedures when it comes to doing the people's business.

The mayor should go ahead and veto his own raise, which might help part the clouds of controversy shadowing this entire episode.

The City Council will vote on the 2021 salary ordinance in early December. We suggest revisiting a pay raise then.

— The News and Tribune Editorial Board members are Publisher Bill Hanson, Editor Susan Duncan and Assistant Editor Chris Morris

Tuesday, December 31, 2019

Donald Trump and Jeff Gahan have the same self-serving explanation for not obeying the law.


Both of them, Donald and Jeffie, blame their own illegality on their political enemies. Their sycophants chortle, and the only clear winner is two-party hypocrisy.

As we contemplate the extent of City Hall's newfound (purported) compliance with a law about information requests, a law that makes no mention of the questioner's party affiliation or history as candidate, don't kid yourself. Team Gahan has treated these requests like toilet paper before, refusing full 100% disclosure, and they'll continue doing so.

There is considerable irony in the fact that the News and Tribune itself could clear up some of these questions about taxpayer dollars and advertising revenue.

And it won't. Why is it no one, including the alleged newspaper of record, seems to want to tell the truth about the money?

New Albany officials provide records after missing deadlines, by John Boyle (Hanson's Non-Disclosure Journal)

NEW ALBANY — One of the plaintiffs in a lawsuit filed against the City of New Albany has stated that city officials have complied with a records request.

The legal battle began Nov. 1, when Floyd County residents Irvin Stumler, Stephen Roberts and Heather Rae Peters sued the city for failing to respond to public records requests that were submitted in August. The trio sought documents related to River Run Family Water Park, Denton Floyd Real Estate Group, ProMedia Group and advertising in the News and Tribune.

Up until Monday, the city had missed multiple deadlines to provide the information requested. Now, Stumler said he has learned that city officials have made a delivery to the office of his attorney.

“I heard that sometime yesterday afternoon, the city brought some records and a check to my attorney’s office," he said. "I haven’t seen it. I don’t know what all’s in there. My attorney’s out of town.”

The presence of the check is likely the product of a default judgment issued by special judge Vicki Carmichael on Dec. 18. Her order mandated that the city produce the documents no later than 10 days after the judgment — with a fine of $50 for each subsequent day. Payment of $1,642.50 for plaintiffs' attorney fees, $162.10 for filing feels and $300 to the plaintiffs by the city was also required.

New Albany officials maintained the administration's position that the request was politically motivated in a statement to the News and Tribune.

"At this time, we have supplied documents per the request," city spokesman Mike Hall said in an emailed statement. "As mentioned before, Mr. Stumler is a former mayoral candidate and critic of this administration who has unsuccessfully sought local elected office numerous times" ...

Local Democrats angrily rally against openness and transparency as "The City of New Albany Defies Court Order on Records’ Requests."

Monday, December 30, 2019

Local Democrats angrily rally against openness and transparency as "The City of New Albany Defies Court Order on Records’ Requests."


At this point just about any fair-minded citizen can't avoid the only real question.

Gahan's public records scandal: WDRB's Marcus Green breaks it down as the News and Tribune flails ineffectually.


Exactly what is Gahan hiding?

Go to The Aggregate for the scoop.

The City of New Albany Defies Court Order on Records’ Requests, by Nick Vaughn (The Aggregate)

 ... The default judgement, issued on December 18th, ordered the city to provide the plaintiffs with the documents they requested back in August within 10 days and the payment of over $2,000 in legal fees.

On December 30th, The Aggregate News staff checked in with one of the plaintiffs, Irv Stumler, regarding whether the city had provided the documents and court fees by the December 28th deadline.

In a text message, Mr. Stumler stated that "No, we have not heard from anyone at the city" ...

Thursday, December 26, 2019

Gahan's public records scandal: WDRB's Marcus Green breaks it down as the News and Tribune flails ineffectually.


On Christmas Eve, Marcus Green of WDRB broke down Jeff Gahan's public records scandal; the screenshots and transcriptions follow. Green concludes with three questions:

  1. Why didn't (city hall) respond to the citizens' request before (the judge's ruling)?
  2. Does it believe it doesn't have to respond to requests it deems politically motivated?
  3. Why didn't it respond to the access counselor?

To which I can add only one additional query:

Where the hell was the News and Tribune for all those weeks prior to the judge's ruling?

The Aggregate reports: "The City of New Albany was ordered to pay over $2,000 after it failed to fulfill a public records request."


Green makes it so simple that even a Democratic precinct committee-person can understand it.

---




Marcus Green @MarcusGreenWDRB

This is an interesting public records case from New Albany.

A judge rules that @NewAlbanyIN must release records sought by citizens: https://bit.ly/39b6yoc

Ok. Let's break this down.

Judge rules New Albany must release requested public records

NEW ALBANY — Just under two months after a lawsuit was filed against the City of New Albany for failing to respond to public records requests made by three residents ...
The city's attorney, Shane Gibson, told the @newsandtribune this:

“The city was sued by former political opponents and non-city residents' days before the November mayoral election to try and influence the outcome," Gibson said in an emailed statement. "We are pleased those efforts failed. While these actions were politically motivated, the City of New Albany intends to comply with any court order regarding the matter.”
First, the citizens filed the lawsuit only after @NewAlbanyIN ignored their records request, which was made in August, per @newsandtribune. They then asked for Indiana's public access counselor for an opinion.

The counselor, the state office that addresses public records disputes, says @NewAlbanyIN's city attorney, city controller and parks director refused to respond to its questions.

The state then found New Albany violated the law: https://in.gov/pac/advisory/files/19-FC-105.pdf

Then the citizens sued.

The city attorney now says @NewAlbanyIN will comply with the court order.

Questions: Why didn't it respond to the citizens' request before? Does it believe it doesn't have to respond to requests it deems politically motivated? Why didn't it respond to the access counselor?

Sunday, December 22, 2019

The Aggregate reports: "The City of New Albany was ordered to pay over $2,000 after it failed to fulfill a public records request."


Did the News and Tribune just get scooped ... again?

The story goes back months -- well, years, actually. Now The Aggregate is reporting that a judge has ruled in favor of plaintiffs who seek nothing more than Mayor Jeff Gahan's compliance with Indiana public records laws.

First, the background.


Then the most recent news. The city's caterwauling should come as no surprise to anyone who has been paying attention to the Gahan administration's congenital paranoia.

You're advised to click straight through and read the entire piece, highlighted here.

New Albany Sued for Failure To Produce Public Records, by Jake Sipes-Salter(The Aggregate)

Last Wednesday, the City of New Albany was ordered to pay over $2,000 after it failed to fulfill a public records request.

On November 1st, a trio of Floyd County residents filed a civil lawsuit against the city of New Albany for failing to provide access to public records in violation of the Access to Public Records Act. In a public statement, the plaintiffs claim that, “at its core, it is all about the ideal of open and transparent government.”

snip

The plaintiffs, Floyd County residents Irvin Stumler, Steve Roberts, and Heather Archibald-Peters, claim their rights to access public records were violated when the city of New Albany did not respond to their records requests. Their inquiries, hand-delivered by the plaintiffs to the city on August 28, ranged from legal fees concerning the city of New Albany to revenue data of the River Run Water Park.

snip

On December 10th, Judge Hancock recused himself from the case and the case was given to a special judge. Taking over for Judge Hancock was Judge Vicki Carmichael who presides over Clark County’s 4th Circuit Court.

Shortly afterward on December 18, the waiting game came to an end and the court granted default judgement in the case, meaning that the Court found against the City of New Albany for their failure to adequately respond, despite being granted an extension. As a result, the defendants have been ordered produce the records within 10 days (by December 28th), and are ordered to pay the plaintiffs’ fees in the amount of $162.10 each as well as their attorney fees amounting to $1,642.50.

Even after the city’s extension was granted by the court, they still did not respond to the summons ...

Monday, November 11, 2019

Gahan begins search for a disposable scapegoat as Indiana's Public Access Counselor finds the mayor in violation of the state's public records law.


Thanks to WDRB's Marcus Green for tagging me at Twitter. Here's the link to Public Access Counselor Luke H. Britt's advisory opinion.

"This case involves a dispute over a municipality’s lack of responses to multiple public records requests."

Here's the conclusion.


In the instance of Randy Smith's ignored request, these three posts are relevant background.

River Run Family Water Park: Why won't the city of New Albany comply with the law and grant Randy Smith's public records request to view the financials?

Reader writes about River Run: "I was under the impression public records HAD to be made public."

Team Gahan's failure to fulfill open records requests? That's Gahan's political conspiracy against transparency, and it's HIS problem, not anyone else's.


Britt informed Smith that his complaint was taken into consideration in formulating the advisory opinion.

I didn't realize the story had made it to the Associated Press. WDRB has it, dated November 4.

Indiana city faces records lawsuit after counselor's opinion

NEW ALBANY, Ind. (AP) — Three southern Indiana residents are suing the city of New Albany for allegedly failing to fulfill their public records requests.

The Floyd County lawsuit comes after Indiana's Public Access Counselor, Luke Britt, found that New Albany had violated Indiana's public records law.

The three plaintiffs say they requested public records in August, including electronic correspondence related to River Run Family Water Park. They sought Britt's opinion after officials in the Ohio River city failed to acknowledge their records requests.

The News and Tribune reports the trio say their suit was filed in response to "a consistent pattern of failing to acknowledge, let alone respond, to a citizen's inquiry into the affairs of local government."

New Albany Mayor Jeff Gahan says city officials "greatly look forward" to their day in court.

———

Information from: News and Tribune, Jeffersonville, Ind. 

Friday, November 01, 2019

Team Gahan's failure to fulfill open records requests? That's Gahan's political conspiracy against transparency, and it's HIS problem, not anyone else's.


It's like this.

These information requests are about money. The money comes from taxes, not an elected official's alchemy lab.

Taxpayers in the broadest sense have a perfect right to ask how their money is being spent. If there is day-to-day institutional transparency and the expenditures are available for open perusal and discussion, it's all good, but when these conditions are absent, these citizens also have the right to pursue a resolution according to state-established procedures, and this is what some of those who have been deprived of answers have found it necessary to do.

Why? Because Team Gahan has not complied with procedure, because this non-compliance is illegal, and because the buck stops with Jeff Gahan.

Gahan would have you believe that the Indiana public access counselor's findings on behalf of complainants is a political conspiracy against him, but his self-serving paranoia isn't relevant, because the issue of timing cuts both ways.

Just remember this: these requests date back months. At any point over a period of months, Gahan's underlings might have cooperated in the spirit of doing the bare minimum required of their job descriptions -- not to mention honoring the stipulations of Indiana state law.

However, as we've observed so many times before, Gahan's political imperatives always intrude -- the habitual secrecy, the lust for control, and the bizarre certainty that anyone who differs with his power games is a threat to be checked stymied rather than the person who pays his inflated effing salary.

In a final instance of raging hypocrisy, Gahan informs the typically somnolent News and Tribune in effect that he believes someone living outside city limits forfeits the right to ask questions of him.

And yet, how many hundred thousand dollars has he been given by special interests with mailing addresses ... that's right, outside city limits?

Suit filed against City of New Albany over public records

NEW ALBANY — Three Floyd County residents have filed a civil lawsuit against the City of New Albany, for failing to fulfill open records requests.

The lawsuit was filed by Irvin Stumler, Stephen Roberts and Heather Peters in Floyd County Superior Court No. 2. The suit comes following the opinion of Public Access Counselor Luke Britt that the city violated the Access to Public Records law.

The trio filed the suit Friday. The requests for information covered a variety of topics, including legal fees incurred or paid by the City of New Albany, electronic correspondence and revenue and expenses of the River Run Family Water Park.

“What is at play here goes far beyond individuals request for information. At its core, it is all about the ideal of open and transparent government,” states a news release from the three. “What brings us here today is a consistent pattern of failing to acknowledge, let alone respond, to a citizen’s inquiry into the affairs of local government” ...

Friday, March 22, 2019

Gang of Five in Cincy: "Citizens expect that when there's a city council meeting, that's when matters should be addressed and actions taken."


It's a "secret" texting and e-mailing scandal in Cincinnati, and since Democrats were the offenders, NA Confidential thrust out to local party chairman Adam "Tricky" Dickey for a comment. 


Well, there you have it: DemoDisneyDixiecrats supporting local independent business instead of far-off corporate calling plans. It gives me a warm and fuzzy feeling -- or maybe that's the Mezcal.

Judge: ’Gang of Five’ city council members should resign, by Jennifer Edwards Baker (Cincinnati FOX19)

A Hamilton County judge tore into Cincinnati City Council’s “Gang of Five” Thursday, saying they violated the public trust and should quit.

“You essentially lied to the people of this city,” Common Pleas Judge Robert Ruehlman told them. “The people of the city thought that when you had a city council meeting that, in fact, was the city council meeting. But, in reality, it was a charade. It was smoke and mirrors. It wasn’t the real meeting. The real business was being handled through these emails and texts.

"So, the judge continued, “you really lied to the citizens and the importance of that point is you’ve lost the trust, not only of your other fellow council members, who you really need to apologize to in addition to the citizens of this city you need to apologize to, you lost their trust.”

“But you’ve also lost the trust of the citizens of the city and it takes a long time to get trust back. when you commit an act like this, when you’re essentially lying and being dishonest and conducting business on the side in clear violation of the Sunshine Law, the trust is gone. It is going to take along time to get that trust back. But more important, it’s the institution, it’s the institution of city council. It’s going to take a long time, it hurt that institution. It’s going to take a long time to get that trust back.”

All “Gang of Five” council members were in the courtroom during the brief hearing: P.G. Sittenfeld, Chris Seelbach, Wendell Young, Tamaya Dennard and Greg Landsman.

They did not speak and sat in the courtroom audience. Attorneys for the city and the anti-tax activist who sued for their secret text messages sat at tables before the judge ...