Showing posts with label freedom of information. Show all posts
Showing posts with label freedom of information. Show all posts
Saturday, January 18, 2020
Editor, Heal Thyself: The NewsBune's management gets all touchy with me, and it's hilariously revealing.
Newspapermen and women can be relied upon to down a few shots of Old Self Righteous, and then remind the remainder of us on the "outside" about the absolutely vital and valiant role their publications play in holding influential interests accountable to the people, whether these are governments, oligarchs or any other human contrivance that finds secrecy helpful in perpetuating connivance and preserving power.
But if you're looking for some really cheap laughs, lay off the hootch and ask the newspaper itself to be accountable to its own purported mission of accountability. You'll notice the walls against scrutiny going up faster than you can say "Look, is that investigative journalism's corpse floating over there in Silver Creek?"
To me, it's not at all an unreasonable question to ask: How many reporter salaries are made possible by municipal advertising purchases?
I raised this and a few other points in a letter to the News and Tribune, and someone -- the editor, the publisher, or maybe the guy delivering sandwiches from Jimmy Johns -- couldn't help but append a visibly annoyed answer, seeking to attack me as a hypocrite while predictably refusing to address my concerns.
This is displacement and evasion, and rhetorical weakness of this degree probably isn't deserving of comment, but because I'm transparent, here goes: I no longer own a business, but when I did, I'd have had absolutely no issue whatever with releasing our financial records, because there wasn't anything in them to hide. In fact, we always thought it would be quite informative for folks to see just how much money we weren't making in the food and drink business.
Of course the newspaper's situation is far different. We claimed only to be serving food and drink. The newspaper depicts itself in heroic terms, willing at the drop of a hat to stress its own critical importance as a quasi-ombudsman (supposedly) comforting the afflicted and affilcting the comfortable.
Neither will that dog hunt, nor is the escape clause to avoid self-accountability convincing: "Wait, we're a private, for-profit, non-locally-owned business, and you'll receive no answers from us."
Phooey.
Given the amount of ads run by New Albany and Jeffersonville alone, both from classified placements that cities are compelled to make (the rates for which ALL newspapers continue to raise extortionately) and the discretionary self-glorification memes preferred by Jeff Gahan and Mike Moore (read: political ads in all except the fudged invoice descriptions), this money is a potential conflict of interest, plain and simple.
Deflect all you wish, Susan, Bill and the gang. The light's pointed at you, not me.
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Reader expected records editorial
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 percent 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?
— ROGER A. BAYLOR
New Albany
EDITOR’S NOTE: There is no statute of limitations on encouraging office holders to be transparent in their dealings, including allowing access to public records. New Albany erred and was compelled by a judge to provide the requested records. We are encouraged that city officials — finally — did the right thing and urge them to comply with records requests more expediently in the future. Their misstep will no doubt be fodder for future editorials dealing with transparency in government.
We aren’t aware of any business, though — including yours, Mr. Baylor — that opens its financial records to the public. We do not discriminate against people or entities — including cities and politicians — who want to advertise with us.
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:
- Why didn't (city hall) respond to the citizens' request before (the judge's ruling)?
- Does it believe it doesn't have to respond to requests it deems politically motivated?
- 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 recordsThe city's attorney, Shane Gibson, told the @newsandtribune this:
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 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.
- 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.
- 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.
- Reader writes about River Run: "I was under the impression public records HAD to be made public."
- 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?
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” ...
Wednesday, October 30, 2019
Reader writes about River Run: "I was under the impression public records HAD to be made public."
Yesterday we examined yet another instance of City Hall foot-dragging over public records requests.
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?
Once again the city's corporate attorney Shane Gibson oversees Team Gahan's activities in a manner indistinguishable from William Barr's, but let's move ahead to a comment by regular blog reader RW:
"I was under the impression public records had to be made public. Any newspaper can request these be given for we the people. Am I incorrect?"
You are correct in theory, but if governmental entities don't comply, there isn't a pathway to compel them short of a lawsuit. Hence the traditional "Fourth estate" role of the newspaper in making issues like this public, a task which our biased Jefferonsvile-centric News and Tribune typically refuses to exercise; reporters show interest, but management likes Jeff Gahan's advertising income a bit too much.
And yes, there is the Indiana Public Access Counselor, who can make rulings pro or con, but enforcement mechanisms are lacking. Gahan's sycophantic city hall is a persistent violator, but again, short of hiring a lawyer and seeking a judge, little can be done to bring them to the table.
Obviously this needs to change. In Gahan's case, the handiest expedient is underway as we speak: Election 2019, and an opportunity to drain the swamp.
Tuesday, October 29, 2019
But shouldn't Bob Caesar's campaign finance report be itemized? That AND the lost Bicentennial Commission records?
I thought the whole point was to see where the money came from and where it went. Lump sums don't do that, do they?
The soon-to-be deposed 2nd district councilman just isn't much on transparency when it comes to "his" money ... is he?
Now it's been 1,340 days since Bob Caesar and the city of New Albany began stonewalling our legitimate request for Bicentennial Commission records. Can't someone just tell us about the unsold books?
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?
| Campaign finance implications, too. |
Today we have two related topics.
Second, there's a question and answer session with a citizen who is being stonewalled by the city with respect to a public records request.
But first, some background on the subject of the request: River Run Family Water Park. In 2013, NAC's Jeff Gillenwater did what the newspaper refuses to do, then as now -- namely, research:
Water on the brains: Much less for far more will keep us swimming in it.
Unlike some voluntarily voiceless council members, I bothered with a smidgen of research into how comparable cities have handled comparable situations.
Six years later, with River Run in its fourth season of non-transparent operation, we spotted an example of selective municipal reasoning:
GREEN MOUSE SAYS: Why does City Hall demand financials from the county parks department when it eternally refuses to divulge its own River Run Gahan Water Dome numbers?
To the Green Mouse's knowledge, the city has steadfastly resisted releasing the financials of the water slide for four years, almost surely because they're not pretty, or contain buried land mines; for instance, how is the aquatic acreage connected with the new fire station's monthly disbursements?
Now for the facts of the city's public records request refusal, as revealed in the following interview conducted by NA Confidential with Randy Smith, New Albany resident, taxpayer and owner of Destinations Booksellers.
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NA Confidential: Randy, when did you submit a records request? To whom was it directed?
Randy Smith: I hand-delivered the request (dated August 6) on August 7, 2019 to Linda Moeller, controller for the city of New Albany. I did not request copies of these records at that time – only access to them to inspect and record the information for further use.
NAC: Why did you make this records request?
RS: My purpose is to analyze the financials of River Run Family Waterpark (RR) and to share my findings with the public.
NAC: What did you request of the city toward your aim of analyzing River Run’s financials?
RS: I requested access to the following records dating from the June 2015 to the end of July 2019:
REVENUES
1. Monthly revenue from admissions to RR.
2. Monthly revenue from concessions sold at RR.
3. Any other revenues from any source resulting from the use of RR each month.
4. Monthly reports to the Indiana Department of Revenue for sales taxes collected, reported, and remitted with respect to the operation of RR.
EXPENSES
1. Monthly expenditures/claims for utilities, including water, sewer, electric, gas, telephone, internet, or any other like expenditures related to RR and/or metered billing for each month for each category.
2. Monthly wages, salaries, and benefits for each person paid for work at RR, including professional, full-time, part-time, temporary, employee, paid contractor, or person paid, regardless of how that person’s position is designated.
3. Reports of allocations of payroll and benefits for administrative personnel whose duties include supervision or operation of RR for each month.
4. Reports of allocations of payroll and benefits for personnel from other city departments whose time has been spent in the operation or maintenance of RR, including public safety officials.
5. Expenses for maintenance conducted by contractors not employed by the city.
6. Expenses for consumables (other than utilities) necessary to the operation of RR.
7. Expenses for food and non-food items necessary to conduct concessions operations at RR.
8. Vehicle and equipment expenses that can reasonably be allocated proportionally to the operation and maintenance of RR.
NAC: Under the Indiana Access to Public Records Act, citizens are entitled to a response within 24 hours of receiving such a request. Were you contacted within 24 hours as stipulated?
RS: Yes, Moeller’s initial acknowledgement to my note came on August 7th when I handed it to her. She observed that the city has its own form, only slightly different from the official state form. She said my form complied.
On the 8th I followed up by e-mail, indicating that while it might take time to pull together all the information I’d requested, I am especially interested in the sales tax returns to the Department of Revenue, which would take almost no time to produce; I could even come down to the City County Building immediately and inspect them.
At this point (August 9) she replied.
Randy,
I was out of the office yesterday and was getting ready to respond to your public records request dated August 6, 2019. Within 10 days you will be provided with the materials requested or a status update.
Linda Moeller
NAC: To be clear, on August 9 you were told that within 10 days the request would be honored, or a “status update” given. Have you heard from Moeller since then?
RS: No, I have not.
NAC: That’s approximately 72 days late, isn’t it?
RS: Yes, it is. It’s important to understand that the stipulated 10-day wait is purely arbitrary. With respect to sales tax records, while it might take me a few minutes, my own business can provide copies of every single sales tax return for the past 15 years. The major limitation on that is the time it takes to change from page to page of my returns history.
I also can't understand the use of the term "available." Why would not these records be "available" almost immediately? Certainly the 2018, 2017, 2016, and 2015 FY records are immediately available, right? Obviously the June and July 2019 numbers wouldn’t have been compiled, but why wouldn’t these numbers for previous years be right at hand?
NAC: Is there any mechanism for redress in cases like this?
RS: In view of the city’s non-responsiveness, I have sought the assistance of the state’s Public Access Counselor.
NAC: As of this writing, you’re not the only citizen to have requested the River Run financials and been refused. The city council evidently has seen only limited numbers for the past four years. What’s the principle at stake here?
RS: I think we all have the right to know how much it’s costing us to operate this facility. State law says we have that right. In other states, laws like the APRA are called “Sunshine” laws, in the belief that sunshine, or transparency, is a guard against misfeasance and malfeasance. And a suspicion of corruption is not a requirement. How a city spends its money is a legitimate public question.
Since I’ve received no formal response from the Gahan administration, I literally can’t say why these records remain secret. I am left only to surmise.
NAC: Do you think River Run is losing money?
RS: That’s actually beside the point. The city’s water recreation facility probably loses money — a lot of money. That’s OK. Elected officials can choose to lose money to provide a wading pool, splash pads, waterslides, and a “lazy river.” Those of us who thought the “pool” was a poor use of borrowed money can but criticize it now.
But, we are entitled to see the numbers.
Thursday, January 10, 2019
Now it's been 1,340 days since Bob Caesar and the city of New Albany began stonewalling our legitimate request for Bicentennial Commission records. Can't someone just tell us about the unsold books?
| Is that a Crutchfield, or is he just happy to see us? |
It had been only 600 days back on December 4, 2016. My, my; how non-transparency time flies when you're Team Gahan erecting walls against disclosure. It's a beautiful day, so let's revisit the story of how City Hall flatly refused(s) to share the financial records of how our pillars of officialdom celebrated Bicentennial Year Zero End Times in 2013.
That's right. Six years ago.
As a side bar, this:
GREEN MOUSE SAYS: Why does City Hall demand financials from the county parks department when it eternally refuses to divulge its own River Run Gahan Water Dome numbers?
For a more comprehensive survey of what transpired in New Albany during the Bicentennial Year Zero End Times in 2013, go here.
(1 of 2): It has been 600 days since I asked Bob Caesar to show us the Bicentennial accounts, but at last, an entirely unsatisfactory answer has been proffered.
All we really wanted to know is how well those hired-gun Bicentennial books had sold, how many of the 5,000 (!) remained to be sold, and whether Redevelopment's loan was ever paid back. At the time, we were fairly gripped with mercenary gala nostalgia just thinking about it.
I've been trying to make sense of it ever since, and this brings us to the present.
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It was almost exactly 600 days ago when I first asked Councilman (and former Bicentennial Commission chairman) Bob Caesar in public during city council speaking time to see the commission's records.
Specifically, I asked for information pertaining to the commission's showpiece bicentennial book: How much it cost, who paid the bill, how many were sold, and how many remain.
There were follow-up e-mails with Caesar, in one of which he voluntarily acknowledged having these records (below), as well as further public reminders during council meetings. However, the records were never produced.
Circa March 2016, after a year had passed, I brought it up again during a council meeting, and Caesar opted for open evasion. He claimed the records are available on-line (untrue then, as now), and then waved off my reminder by saying I could file a Freedom of Information Act (FOIA) public record request if I wished.
So I did.
The city's corporate attorney Shane Gibson promptly acknowledged receiving my request, provided an equally timely date for it to be honored, then ignored his own deadline, waiting 21 weeks to act. This prompted me to file a complaint with the Indiana Public Access Counselor.
Last week (November 30), with the counselor's decision imminent, Gibson e-mailed me. He said I could have what he was willing to let me have (tax records and council meeting minutes, for the most part), but not what I specifically requested.
Here's the letter.
Following is the relevant text from Gibson's letter (above), in which he responds to my specific requests item by item. They're my original words from the initial request, with Gibson's replies underlined.
Requested Items:
Details should include all bids, contracts and expenditures for Bicentennial Commission activities, prime among them the process through with the Bicentennial book (“Historic New Albany, Indiana: By the River’s Edge,” by James Crutchfield) was contracted, published and sold, and the status of the Redevelopment Commission’s loan to make publication of this volume possible.
Response: The City does not possess the above referenced items.
As part of this request, I am requesting to know the current status of inventory with regard to these books. If books remain unsold, how many remain, and where are they stored? Also, when a Bicentennial book is given away at a public ceremony, who paid for it? These invoices are to be considered part of this request.
Response: The request for inventory is not a request for public records, however, the City does not possess any such document that details inventory. The City does not possess any of the other above referenced items.
As part of this request, I am further requesting copies of the official e-mail correspondence between Robert Caesar and other members of the Bicentennial Commission pertaining to these plans and transactions.
Response: The City does not possess the above referenced items.
Now, it should come as no surprise to anyone that Gibson would treat my information request in a spirit of spiteful nonchalance. It's what Team Gahan does.
At the same time, strictly speaking, he's probably telling the truth by means of carefully chosen words, and this is something I can at least appreciate. He says the city does not possess the referenced items, not that the referenced items do not exist. Presumably, someone else possesses them, and this certain someone undoubtedly is Caesar himself.
Because: Caesar previously admitted possessing them. Turning back the clock to June, 2015, here is my e-mail question to Caesar, followed by his reply.
Monday, June 08, 2015:
Do you recall a few weeks back, when I spoke a city council and expressed interest in learning about the state of the Bicentennial finances? Consider this my follow-up. So many things are happening that I let it slip, but I was (and remain) serious about seeing these numbers.
Tuesday, June 09, 2015:
None of the financials are on line. They are upstairs under a lot of stuff. I can tell you all bills are paid, and paid on time. All reporting to the state is done. And we did not use all of the city money. There was about 5 to 10K that stayed in the city funds.
That's right, folks.
Not on-line where the public might view them, and not even stored in an accessible public office, but "upstairs under a lot of stuff." Welcome to accountable governance, Nawbany-style.
To repeat, the records I've been requesting for over a year and a half, which detail the activities of a municipally-chartered body, one that by Caesar's own admission made use of at least a portion of taxpayer money to finance its activities, are not available at City Hall, where they should be filed, but "upstairs," perhaps in Caesar's attic, or (at the time) his former jewelry business.
That's incredible.
Consider also that by the spring of 2016, when Caesar sarcastically contended the commission's records were available on-line, he knew there was no way this assertion could be true, as it implied that someone attached to the city had taken the records from their resting place "Upstairs at Caesar's," except this surely didn't happen. If it did happen, and the records were transferred to City Hall to be scanned, why couldn't Gibson find them? What happened to them?
And so on, and so forth. Sadder still, there's no way of knowing if the records aren't currently taking up space in the landfill.
But bicentennial books definitely still exist. What about them?
At the time of the Bicentennial Commission's iron Luddite grip on the city's anniversary celebration, Caesar's own repeated public utterances suggested that 5,000 books were to be produced at a cost of $144,000 ($28 and change per book), and we know that seed money to accomplish this came from the Redevelopment Commission, following a farcical effort to extort money from the Southern Indiana Tourism Bureau.
In fact, Caesar told the council that profits from book sales would help pay for the cost of hiring an out-of-state-freelance writer and other publishing-related expenses. To put it gently, bountiful apocryphal evidence suggests that Caesar's dream scenario didn't come to fruition, which makes Gibson's reply last week even more potentially disingenuous.
Because: While the commission's records may not be within the city corporate attorney's possession, plenty of the books apparently remain in the city's loving reach, to be handed out by the mayor like Halloween candy at ribbon-cuttings and other civic events, as shown in this photo I took in 2015 at Underground Station. Look for the paving stone under the mayor's arm.
Gibson again: "The request for inventory (of books) is not a request for public records, however, the City does not possess any such document that details inventory. The City does not possess any of the other above referenced items."
If so, where is the mayor getting his many copies of the book?
Did he purchase them himself?
Are they stacked at his garage?
Shouldn't the Bicentennial Commission's records explain all this?
Shouldn't those records be available for public perusal, since public money was used to finance the bicentennial festivities?
Why can't just one of these persons -- any one of them, just take your pick -- man up, answer these questions and provide the requested records?
I know nothing will come of this, but by any measure of ethics as applied to elected officials, Bob Caesar's behavior in this instance merits censure by the city council. At the very least, perhaps other council members can help Caesar understand that when he has spent 600 days sidestepping what should be a simple information request, it makes the council look bad as a whole, as well as feeding suspicions that Caesar has something to hide.
Caesar is a self-styled budget hawk, constantly making references "for the record" about the grave necessity of paying close attention to the financials and accounting for every dime of public money.
Except when the jeweler fancies himself a publishing mogul. Below is the ordinance establishing Caesar's personal plaything commission.
BI-CENTENNIAL COMMISSION
§ 33.165 CREATION.
(A) There is hereby created the New Albany Bi-Centennial Commission.
(B) The membership of the Bi-Centennial Commission shall be composed of nine citizen members, five appointed by the Mayor and four appointed by the Common Council. The terms of office of the membership shall be for the period of time commencing with appointment and concluding at midnight on December 31, 2013. The Mayor and Common Council may remove and appoint its members at will.
(C) The mission of the Bi-Centennial Commission shall be to plan, coordinate and implement projects and events to celebrate the city’s bi-centennial. The Bi-Centennial Commission shall work with local citizens, businesses, organizations and institutions to accomplish its mission.
(D) The Bi-Centennial Commission shall adopt by-laws. These by-laws shall address such issues as meeting times and places, rules for the conduct of meetings, and other rules for the efficient operation of an advisory commission.
(E) The Bi-Centennial Commission shall appoint members to an advisory committee that it will work with to engage local citizens, businesses, organizations and institutions to accomplish its mission.
(Ord. G-09-06, passed 3-19-2009; Ord. G-12-01, passed 2-6-2012)
GREEN MOUSE SAYS: Why does City Hall demand financials from the county parks department when it eternally refuses to divulge its own River Run Gahan Water Dome numbers?
Hypocrisy much?
The Green Mouse reports that City Hall's "corporate" attorney Tom Hagen ...
... wait, make that Shane Gibson -- has filed a “Freedom of Information Act” request with the Floyd County Park Department asking for an accounting of all monies spent for Kevin Hammersmith Park.
Actually, hypocrisy may be too mild a word.
For those readers with impossibly long memories, the River Run Family Water Park (colloquially known as the Gahan Dome) opened on June 26, 2015 -- just in time to serve as a centerpiece of the mayoral re-election effort. Daniel Suddeath covered the debut for the local chain newspaper.
Water slides, splash pads and a lazy river await inside the park, which was completed as part of Mayor Jeff Gahan’s $19.6 million quality-of-life improvement plan ...
... The $19.6 million bond floated by the city footed the construction of the aquatic center, Silver Street Park and upgrades to Binford Park. In April 2014, the redevelopment commission accepted Krempp Construction’s base bid of $6.89 million to construct the aquatic center.
The commission approved an alternate provision for the construction in a build-out of the concessions area, which was expected to be added by officials. The project saw just one more change order, which brought total construction to about $7.5 million.
Mamas, don't let your grandchildren grow up to be saddled with Jeff Gahan's debts.
From this day forward, we've been eager to see the financials of the aquatic center, which after all is open for business only 2-3 months a year and has been noteworthy for providing gainful summertime employment for some members of the mayor's immediate family.
To the Green Mouse's knowledge, the city has steadfastly resisted releasing the financials of the water slide for four years, almost surely because they're not pretty, or contain buried land mines; for instance, how is the aquatic acreage connected with the new fire station's monthly disbursements?
Following is the closest thing we've seen to a spread sheet in four years. It's the parks director Alicia Meredith's comments to the Board of Works on December 26, 2018.
Warren grills her good and hard, just like Sam Waterston on that television show.
The Green Mouse ruminates.
Now the question is, did this come up because City Hall thinks they didn’t get enough hospital money? Interestingly enough, the paperwork for the FOIA request was filed byHagenGibson the day after Mark Seabrook held his fundraiser/mayoral announcement at Covered Bridge -- and one thing Seabrook mentioned at the fundraiser was his hope of putting the parks system back together.
NA Confidential says: Let's compromise!
Howzabout every governmental entity shows us the financials pertaining to projects like Hammersmith Park and River Run Family Gahan Dome, without making their release tantamount to raiding the tomb of an Egyptian pharaoh?
Isn't 100% transparency the best for everyone ... even outside the immediate family?
Friday, August 17, 2018
Nice start, News and Tribune: C'mon, non-transparent Gahan, turn over the animal shelter fur-nances.
No sooner than I rake them over the coals for refusing to shine a beam on our-ever secretive ruling clique, than out comes a flashlight.
That wasn't so hard, was it?
Shall we all file FOIA requests in tandem, and cause Jeffrey and Shane to sweat a bit as they plot delays, refusals and roadblocks?
OUR OPINION: Turn over shelter finances
NA-FC Shelter finances are needed to move forward in funding dispute.
At a $25 million company, it would be fairly simple for an executive to walk over to the chief financial officer's office and get income and expenses for individual departments at the business.
That should be the case as well in New Albany — a city with an annual budget of about $25 million — but for some reason the city controller's office is holding onto the financial documents for the local animal shelter like they were money.
As a result, the Floyd County Council and county Auditor Scott Clark are suing the city of New Albany for release of the financial records of the New Albany-Floyd County Animal Shelter.
The suit comes as the city and county continue to debate funding for the shelter, with the county claiming it does not know how much money it should be contributing via interlocal agreement because it can't determine the amount being spent by the shelter ...
Monday, November 27, 2017
Great Unanswered Questions, Volume 1: How many Bicentennial books were sold, and who paid for the ones that didn't sell?
Throughout history, mankind has grappled with vexing existential questions.
Does God exist?
What's the meaning of life?
Why are we here?
Conversely, NA Confidential's questions are far more down to earth, even if answers to them tend to be just as infuriatingly elusive as the those queries pertaining to the wider cosmos.
From time to time, I'll be recalling some of these questions. Today, another look at New Albany's “official” (and Caesar-approved) Bicentennial book, “Historic New Albany, Indiana: By the River’s Edge.”
Why should the answers to questions like these depend on the identity of the person asking them?
---
PART I:
January 7, 2014
On the Bicentennial's Crutchfield seat cushions: How many were sold? Was the loan paid back?
All we really want to know is how well those hired-gun Bicentennial books sold, how many of the 5,000 (!) remain to be sold, and whether Redevelopment's loan was paid back. We're fairly gripped with mercenary gala nostalgia just thinking about it.
---
PART II:
January 5, 2017
Bob Caesar and City Hall still won't divulge the bicentennial book details, but at least my letter to the newspaper was published, and I've got THAT going for me.
In 2013, New Albany city councilman Bob Caesar was chairman of New Albany’s Bicentennial Commission. 800-odd days ago, I asked Caesar for financial records detailing the committee’s activities.
I specifically sought details about the “official” Bicentennial book, “Historic New Albany, Indiana: By the River’s Edge.” How was it contracted, published and sold? What is the status of the Redevelopment Commission’s loan, without which the book wouldn’t have been published at all?
Supposedly 5,000 Bicentennial books were published at a cost of $144,000, or $28 per book; to this day, they’re routinely gifted by Mayor Jeff Gahan at ribbon cuttings and public ceremonies. If books remain unsold, how many are there, and where are they being stored? Who paid for them?
At various points, Caesar confirmed publicly that he would make available this information, and in a 2015 e-mail, he conceded the records were in his possession. I’ve been stonewalled ever since.
Earlier in 2016, when I reminded Caesar of his obligation to taxpayers, he told me to file an open records request with City Hall. I did, and was stalled by city attorney Shane Gibson for five months before this answer arrived: “The city does not possess the above referenced items.” Sadly, this isn’t the first time our mayor, his team and his political allies have seen to it that information like this is withheld.
If they’ll willing to go to these lengths to cover up dated Bicentennial financial records, what else is being hidden?
---
PART III:
March 30, 2017
ON THE AVENUES: Our great and noble leader is here to stay, so let's break out the țuică and make a joyful noise.
... Consider one of Gahan’s chief acolytes, self-important councilman Bob Caesar, who formerly served as nominal Ceaușescu of the Bicentennial Commission.
Most readers are aware of my two-year-long struggle to wrest public Bicentennial Commission financial records, first from Caesar and then the city itself, only to be dismissed with supreme condescension by both.
To repeat: The celebration of New Albany’s two-hundred-year birthday cost several hundred thousand dollars, and was funded in part with taxpayer funds. I’m a citizen of New Albany. Caesar refused to show me the records, and the city attorney Gibson said the city doesn’t have the records to show.
In short: Go peddle your papers, insufferable peasant.
This is amazing, and it should be unacceptable; absolute power corrupts absolutely, and any mayor who takes seriously his obligation to enforce the law shouldn’t allow it.
However, I’m happy to announce that the Green Mouse has obtained these Bicentennial records. Fascinating revelations lie within, and copies currently are in my possession, illustrating plainly that while Caesar and Gibson may not have lied outright, they certainly have acquiesced in a cover-up, and are guilty of consciously subverting the intent of state laws governing freedom of information and public access to records.
This should disturb all of us, and both should be cashiered. If they’ll resort to evasions and subterfuge to obscure Caesar’s handling of relatively paltry Bicentennial funds, just think what they’ll do to obscure the leakage from the many yearly millions going toward feel-good, beautification projects.
And yet … you’re bothered, but only a bit, and not enough to rock the boat, right?
The newspaper doesn’t ask these questions, does it?
In more candid moments, it may seem like smoke and mirrors, but just enough of that magic pixie dust is being spread around to encourage acceptance.
Isn’t it?
And you’re fine with it, aren’t you?
The fact is, if I were to spend 40 more hours of my own time, gratis, to sifting through the records the Politburo has denied exist, in order to show that lots of Bicentennial bucks were hemorrhaged this way and that, often straight to community pillars and/or political party stalwarts who nuzzled up to wet their beaks – as I'm completely confident I could – nothing at all would happen, would it?
They wouldn’t concede error or apologize, would they?
You wouldn’t expect it, would you?
And this is a slight problem, isn’t it?
I’m not ruling anything out, or in. I might take the time to sort through those records, or maybe use those precious hours to drink beer and watch documentaries about tin horn dictatorships the world has known.
But there isn’t much one person alone can do to prevent Jeff Gahan from redesigning New Albany in his own beige image, and as the sainted Bob Knight once implied, if tacky Disney totalitarianism is inevitable, then we might as well escalate plans for a new barroom in order to have somewhere to seek refuge from the sheer indignity of it.
That's exactly what I'm working to achieve, and when it finally comes to pass, I promise to place portraits of Ceaușescu and Gahan right where they belong, at the entrance to the toilets.
Or better yet, inside them.
Does God exist?
What's the meaning of life?
Why are we here?
Conversely, NA Confidential's questions are far more down to earth, even if answers to them tend to be just as infuriatingly elusive as the those queries pertaining to the wider cosmos.
From time to time, I'll be recalling some of these questions. Today, another look at New Albany's “official” (and Caesar-approved) Bicentennial book, “Historic New Albany, Indiana: By the River’s Edge.”
- How many of the books were sold?
- Was the Redevelopment Commission loan ever paid back?
- Why are the Bicentennial Commission financial records not in possession of the city?
Why should the answers to questions like these depend on the identity of the person asking them?
---
PART I:
January 7, 2014
On the Bicentennial's Crutchfield seat cushions: How many were sold? Was the loan paid back?
All we really want to know is how well those hired-gun Bicentennial books sold, how many of the 5,000 (!) remain to be sold, and whether Redevelopment's loan was paid back. We're fairly gripped with mercenary gala nostalgia just thinking about it.
---
PART II:
January 5, 2017
Bob Caesar and City Hall still won't divulge the bicentennial book details, but at least my letter to the newspaper was published, and I've got THAT going for me.
In 2013, New Albany city councilman Bob Caesar was chairman of New Albany’s Bicentennial Commission. 800-odd days ago, I asked Caesar for financial records detailing the committee’s activities.
I specifically sought details about the “official” Bicentennial book, “Historic New Albany, Indiana: By the River’s Edge.” How was it contracted, published and sold? What is the status of the Redevelopment Commission’s loan, without which the book wouldn’t have been published at all?
Supposedly 5,000 Bicentennial books were published at a cost of $144,000, or $28 per book; to this day, they’re routinely gifted by Mayor Jeff Gahan at ribbon cuttings and public ceremonies. If books remain unsold, how many are there, and where are they being stored? Who paid for them?
At various points, Caesar confirmed publicly that he would make available this information, and in a 2015 e-mail, he conceded the records were in his possession. I’ve been stonewalled ever since.
Earlier in 2016, when I reminded Caesar of his obligation to taxpayers, he told me to file an open records request with City Hall. I did, and was stalled by city attorney Shane Gibson for five months before this answer arrived: “The city does not possess the above referenced items.” Sadly, this isn’t the first time our mayor, his team and his political allies have seen to it that information like this is withheld.
If they’ll willing to go to these lengths to cover up dated Bicentennial financial records, what else is being hidden?
---
PART III:
March 30, 2017
ON THE AVENUES: Our great and noble leader is here to stay, so let's break out the țuică and make a joyful noise.
... Consider one of Gahan’s chief acolytes, self-important councilman Bob Caesar, who formerly served as nominal Ceaușescu of the Bicentennial Commission.
Most readers are aware of my two-year-long struggle to wrest public Bicentennial Commission financial records, first from Caesar and then the city itself, only to be dismissed with supreme condescension by both.
To repeat: The celebration of New Albany’s two-hundred-year birthday cost several hundred thousand dollars, and was funded in part with taxpayer funds. I’m a citizen of New Albany. Caesar refused to show me the records, and the city attorney Gibson said the city doesn’t have the records to show.
In short: Go peddle your papers, insufferable peasant.
This is amazing, and it should be unacceptable; absolute power corrupts absolutely, and any mayor who takes seriously his obligation to enforce the law shouldn’t allow it.
However, I’m happy to announce that the Green Mouse has obtained these Bicentennial records. Fascinating revelations lie within, and copies currently are in my possession, illustrating plainly that while Caesar and Gibson may not have lied outright, they certainly have acquiesced in a cover-up, and are guilty of consciously subverting the intent of state laws governing freedom of information and public access to records.
This should disturb all of us, and both should be cashiered. If they’ll resort to evasions and subterfuge to obscure Caesar’s handling of relatively paltry Bicentennial funds, just think what they’ll do to obscure the leakage from the many yearly millions going toward feel-good, beautification projects.
And yet … you’re bothered, but only a bit, and not enough to rock the boat, right?
The newspaper doesn’t ask these questions, does it?
In more candid moments, it may seem like smoke and mirrors, but just enough of that magic pixie dust is being spread around to encourage acceptance.
Isn’t it?
And you’re fine with it, aren’t you?
The fact is, if I were to spend 40 more hours of my own time, gratis, to sifting through the records the Politburo has denied exist, in order to show that lots of Bicentennial bucks were hemorrhaged this way and that, often straight to community pillars and/or political party stalwarts who nuzzled up to wet their beaks – as I'm completely confident I could – nothing at all would happen, would it?
They wouldn’t concede error or apologize, would they?
You wouldn’t expect it, would you?
And this is a slight problem, isn’t it?
I’m not ruling anything out, or in. I might take the time to sort through those records, or maybe use those precious hours to drink beer and watch documentaries about tin horn dictatorships the world has known.
But there isn’t much one person alone can do to prevent Jeff Gahan from redesigning New Albany in his own beige image, and as the sainted Bob Knight once implied, if tacky Disney totalitarianism is inevitable, then we might as well escalate plans for a new barroom in order to have somewhere to seek refuge from the sheer indignity of it.
That's exactly what I'm working to achieve, and when it finally comes to pass, I promise to place portraits of Ceaușescu and Gahan right where they belong, at the entrance to the toilets.
Or better yet, inside them.
Tuesday, April 04, 2017
Secrecy in the Mt. Tabor Road beak-wetting project? Shane will telex the down-low bunker and get right back with you.
Regular readers already know the pathetic past record of the city with respect to NA Confidential's public access requests.
Team Gahan treats them as a joke.
However, the larger issue is one of secrecy -- and that's why the city corporate attorney is keen to deflect the charge before it's even made.
I didn't attend last evening's city council meeting (did the newspaper?), but thanks to Mark Cassidy, we now know that the QRS riverfront property mentioned last week as part of a potential new park site -- one that supposedly couldn't get off the ground until the Horseshoe Foundation's grant -- already belonged to the city.
In fact, it was purchased last year, and not by parks department, which is skint. Rather, it was bought by the sewer utility.
Raise your hand if you knew about any of this.
That's what I thought.
The routine is very clear as we enter Year Six of the Chronicles of New Gahania. Planning and decisions are back channel, reserved for the usual suspect engineering and contracting firms, and approved by appointed boards with minimal participation by elected officials. When we hear of them and are asked to contribute "public" input, the plan's already finished.
And:
The reason why the absurdly named Mt. Tabor Road Restoration and Pedestrian Safety Project keeps hitting "road" blocks is precisely because there have been uncommonly dogged efforts on the part of citizens to contest it, in part owing to information being consciously slowed to a trickle by the city.
This is the reality, and the city's wounded murmurings are offensive.
Team Gahan treats them as a joke.
However, the larger issue is one of secrecy -- and that's why the city corporate attorney is keen to deflect the charge before it's even made.
I didn't attend last evening's city council meeting (did the newspaper?), but thanks to Mark Cassidy, we now know that the QRS riverfront property mentioned last week as part of a potential new park site -- one that supposedly couldn't get off the ground until the Horseshoe Foundation's grant -- already belonged to the city.
In fact, it was purchased last year, and not by parks department, which is skint. Rather, it was bought by the sewer utility.
Raise your hand if you knew about any of this.
That's what I thought.
The routine is very clear as we enter Year Six of the Chronicles of New Gahania. Planning and decisions are back channel, reserved for the usual suspect engineering and contracting firms, and approved by appointed boards with minimal participation by elected officials. When we hear of them and are asked to contribute "public" input, the plan's already finished.
And:
The reason why the absurdly named Mt. Tabor Road Restoration and Pedestrian Safety Project keeps hitting "road" blocks is precisely because there have been uncommonly dogged efforts on the part of citizens to contest it, in part owing to information being consciously slowed to a trickle by the city.
This is the reality, and the city's wounded murmurings are offensive.
New Albany violated public access law three times on Mount Tabor Road requests, by Elizabeth Beilman (Kowloon Hanson-uuuune)
Records delay irks property owners
NEW ALBANY — The city of New Albany has violated the Indiana Access to Public Records Act on at least three occasions in the past year by missing deadlines on records requests made by residents of Mount Tabor Road.
Property owners along the road that is undergoing the city's restoration project said they weren't able to get information in enough time to present educated counter-offers to buyers through the process of eminent domain.
Now, the city has filed condemnation against their properties. When the purchase price is negotiated in court, these residents worry they won't have the facts needed to back their cases, and are unsure what the city's final plans for the project entail.
"We can't do a true business agreement without knowing what we're getting into," said resident Kelly Feiock, who lives on the corner of Mount Tabor Road and Klerner Lane.
Feiock is one of three property owners along the corridor who have filed complaints with the Indiana Public Access Counselor's office. In some cases, though not all, the office ruled the city violated the law. One other property owner has not submitted formal complaints but has indicated the city didn't follow public access law in response to his request.
"I think they could do a better job," Indiana Public Access Counselor Luke Britt said. "I don't know the circumstances, either. Are they getting 20 different requests and they let one or two slip?"
City Attorney Shane Gibson in an email statement said he doesn't believe New Albany has been secretive.
Monday, March 27, 2017
Since 2013 (and before), the Mt. Tabor Road beak-wetting boondoggle is a large millstone hung around Jeff Gahan's neck. Mayor overboard?
It's important to remember that Jeff Gahan did not become mayor until January 1, 2012. Before this, he served two terms as councilman for the 6th district, which includes the Mt. Tabor Road neighborhood referenced here.
In short, given the time generally required to mint and plan such big ticket roadwork boondoggles as the absurdly tagged "Mt. Tabor Road Restoration and Pedestrian Safety Project" (and I'm the one who uses too many words?), it obviously dates back into Gahan's council tenure.
By extension, given the ill-tempered stubbornness for which the mayor is renowned as far away as Bob Hall, it's equally evident that having spent a half-dozen or more years conjuring this asphalt-laden, traffic-speed-enhancing "gift" to the peasants, he's absolutely determined to ram the daintily wrapped arterial down their ungrateful throats, come what may.
In this context, Gahan's perennial joy in campaign finance enrichment -- no unwetted beaks left behind in New Gahania -- actually runs a poor second to the unfettered expanse of his ego. At NA Confidential, the story began in 2013. The following links are chronological, from oldest to newest.
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October 19, 2013
Duggins said that anything you've heard about the Slate Run Road, Mount Tabor Road and Captain Frank Road projects is true, unless it isn't. All are being contemplated, unless they aren't. The mayor will consider modifications, unless he won't. The usual suspects from Pool "A" will design these projects and build them, unless other usual suspects from Pool "B" are chosen instead. To reveal more would mean having to kill us all, and the street department can't manage such a clean-up.
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November 5, 2013
The city's proposed changes would make the road in front of them more likely to be driven by a greater number of cars, and at a rate faster than before, a situation of induced demand likely to be taken advantage of by outsiders with no better reason than passing through because they can, thus rendering the corridor less safe for neighborhood residents ... and yes, that's right, creating a scene designed to negatively impact their quality of life.
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December 26, 2013
Roundabouts are not intrinsically evil, but the Mt. Tabor Road residents looked past the surface dollar sheen and got to the heart of the matter: Roadway engineers would be altering conditions to suit the maxim of moving traffic through their neighborhood as “efficiently” as possible, and by doing so, would be reducing their quality of life in an almost mathematical, commensurate ratio.
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December 27, 2013
In the newspaperman Suddeath's piece, city hall floats the notion that the Mt. Tabor roundabout was pulled because it abruptly became evident that it would not be "pedestrian friendly." Speaking personally, I believe this to be a red herring the approximate stature of the Elsby Building ... BUT if the Gahan administration wishes to stick to the walkability argument, I'm fully in favor of accepting it.
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January 9, 2014
Much like the sacrifice of Mount Tabor residential areas for poorly developed commercial strips on its fringes, the sacrifice of Spring and other nearby streets for Main has long been a part of the plan.
Rosenbarger's dismal performance at FAN Fair deserves another look, here.
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July 23, 2016
John Rosenbarger sat at his desk. Outside his door, the clamor of the peasantry could be heard amid the clatter of pitchforks. He spat, then threw back his last shot of fiery sarsaparilla.
“The grandeur of my physique, the complexity of my worldview, the decency and taste implicit in my carriage, the grace with which I function in the mire of today’s world – all of these at once confuse and astound the buffoons at Mt. Tabor and Klerner Lane."
Rosenbarger gazed at his reflection in the framed portrait of Robert Moses.
"But Jeffie's got my back, bro."
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August 2, 2016
It's simply amazing what vocal citizen opposition to a New and Improved Round O' Rosenbarger Cream Tort will do to bring David Duggins bounding full Sellersburg up the stairs from the Down Low Bunker to inform city council that with construction work about to start, now's the time for operatives to fan out through the neighborhood to alter misconceptions -- but not only that, there'll be a post-decision public meeting on August 22 to further encourage conformity.
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August 4, 2016
Decades of poor planning and development decisions on New Albany's outskirts have created automobile traffic and drainage problems where there were none. Now, the City says that by redesigning the road for more cars going even faster, they're improving pedestrian safety and by substantially increasing the amount of impermeable surface area they're improving drainage. If any of our city planners or engineers had an ounce of intellectual and professional integrity, they'd speak up in opposition. That's pretty much a guarantee they won't. A decent mayor, should we ever get one, will fire all of them.
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August 4, 2016
Clark County resident David Duggins duly was dispatched to spray gasoline on the brush fire, which he accomplished with his usual aplomb by threatening to send the Rasputin of Redevelopment and other city officials into the afflicted neighborhoods to knock on doors and remedy "misperceptions", which immediately sent panicked refugees streaming toward Silver Creek, into the newspaper’s Clark County coverage area.
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August 6, 2016
In other news, it took a long while, but the intentionally understaffed Jeffersonville-based "community" newspaper has clanked ineffectually into gear, producing drab content, but inadvertently shining a tepid light on the Gahan regime's boilerplate, namely that the mayor himself won't personally be touching this one.
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August 20, 2016
I can't agree with all the objections voiced by the Mt. Tabor Road residents, but from the very beginning, they've grasped an essential point, because the "project" has been one designed to make the road usable by an increased number of cars, and an increased number of cars means a decreased quality of life.
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August 22, 2016
This evening, what's already been decided will be explained to you. You're feeling better already, right? Someone asked whether Mayor Gahan will be in attendance.
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August 29, 2016
But you see, there's no way a euphemism like the Mt. Tabor Road Restoration and Pedestrian Safety Project cannot happen, once the federal funds have been committed. If someone else pays, the money must be used, whether to grease an arterial or construct a subway to Xanadu. Beaks must be kept wet. This is the cycle of political life, and it need not be connected to master plans or larger truths. It simply is.
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December 21, 2016
Representatives of the usual engineering suspects and a handful of civic appointees were on hand at the council meeting to reiterate the municipal party line: As it pertains to stormwater, those Mt. Tabor area residents who insist on trusting their own two eyes instead of the mayor's should be ignored, and The Plan allowed to proceed.
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March 22, 2017
Following is a press release, courtesy of local businessman Colin Receveur. Municipal corporate counsel Shane Gibson's cavalier disregard for public information requests is legendary. I'm delighted to his snared in arrogance of his own making.
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March 24, 2017
“From all the discussion on this subject over the past 4 years, it has become apparent that the only person supporting dual sidewalks at this location is the Mayor of New Albany,”
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March 26, 2017
It isn't just that those federal 80/20 construction grants are like crack. It's that to Team Gahan, openness is like Ebola.
In short, given the time generally required to mint and plan such big ticket roadwork boondoggles as the absurdly tagged "Mt. Tabor Road Restoration and Pedestrian Safety Project" (and I'm the one who uses too many words?), it obviously dates back into Gahan's council tenure.
By extension, given the ill-tempered stubbornness for which the mayor is renowned as far away as Bob Hall, it's equally evident that having spent a half-dozen or more years conjuring this asphalt-laden, traffic-speed-enhancing "gift" to the peasants, he's absolutely determined to ram the daintily wrapped arterial down their ungrateful throats, come what may.
In this context, Gahan's perennial joy in campaign finance enrichment -- no unwetted beaks left behind in New Gahania -- actually runs a poor second to the unfettered expanse of his ego. At NA Confidential, the story began in 2013. The following links are chronological, from oldest to newest.
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October 19, 2013
The city is thinking about doing road shit. Really. It says so, over there behind that wall.
Duggins said that anything you've heard about the Slate Run Road, Mount Tabor Road and Captain Frank Road projects is true, unless it isn't. All are being contemplated, unless they aren't. The mayor will consider modifications, unless he won't. The usual suspects from Pool "A" will design these projects and build them, unless other usual suspects from Pool "B" are chosen instead. To reveal more would mean having to kill us all, and the street department can't manage such a clean-up.
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November 5, 2013
Council meeting: Mt. Tabor residents advocate for two-way streets ... sort of.
The city's proposed changes would make the road in front of them more likely to be driven by a greater number of cars, and at a rate faster than before, a situation of induced demand likely to be taken advantage of by outsiders with no better reason than passing through because they can, thus rendering the corridor less safe for neighborhood residents ... and yes, that's right, creating a scene designed to negatively impact their quality of life.
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December 26, 2013
ON THE AVENUES: Roundabouts make the politicians really ring.
Roundabouts are not intrinsically evil, but the Mt. Tabor Road residents looked past the surface dollar sheen and got to the heart of the matter: Roadway engineers would be altering conditions to suit the maxim of moving traffic through their neighborhood as “efficiently” as possible, and by doing so, would be reducing their quality of life in an almost mathematical, commensurate ratio.
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December 27, 2013
The Great Roundabout Turnabout of 2013 and pedestrian friendliness.
In the newspaperman Suddeath's piece, city hall floats the notion that the Mt. Tabor roundabout was pulled because it abruptly became evident that it would not be "pedestrian friendly." Speaking personally, I believe this to be a red herring the approximate stature of the Elsby Building ... BUT if the Gahan administration wishes to stick to the walkability argument, I'm fully in favor of accepting it.
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January 9, 2014
On the Rosenbarger planning conundrum, and FAN Fair, here I come.
Much like the sacrifice of Mount Tabor residential areas for poorly developed commercial strips on its fringes, the sacrifice of Spring and other nearby streets for Main has long been a part of the plan.
Rosenbarger's dismal performance at FAN Fair deserves another look, here.
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July 23, 2016
Council frivolity, slice of the second part: "Gahan Cares More About Concrete Than People."
John Rosenbarger sat at his desk. Outside his door, the clamor of the peasantry could be heard amid the clatter of pitchforks. He spat, then threw back his last shot of fiery sarsaparilla.
“The grandeur of my physique, the complexity of my worldview, the decency and taste implicit in my carriage, the grace with which I function in the mire of today’s world – all of these at once confuse and astound the buffoons at Mt. Tabor and Klerner Lane."
Rosenbarger gazed at his reflection in the framed portrait of Robert Moses.
"But Jeffie's got my back, bro."
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August 2, 2016
The city's spin doctors have outdone themselves on this one: Meet the "Mt. Tabor Road Restoration and Pedestrian Safety Project."
It's simply amazing what vocal citizen opposition to a New and Improved Round O' Rosenbarger Cream Tort will do to bring David Duggins bounding full Sellersburg up the stairs from the Down Low Bunker to inform city council that with construction work about to start, now's the time for operatives to fan out through the neighborhood to alter misconceptions -- but not only that, there'll be a post-decision public meeting on August 22 to further encourage conformity.
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August 4, 2016
Chronicles of New Gahania: Mt. Tabor Road residents form civil defense squad to guard against John Rosenbarger.
Decades of poor planning and development decisions on New Albany's outskirts have created automobile traffic and drainage problems where there were none. Now, the City says that by redesigning the road for more cars going even faster, they're improving pedestrian safety and by substantially increasing the amount of impermeable surface area they're improving drainage. If any of our city planners or engineers had an ounce of intellectual and professional integrity, they'd speak up in opposition. That's pretty much a guarantee they won't. A decent mayor, should we ever get one, will fire all of them.
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August 4, 2016
ON THE AVENUES: Federal funding mechanisms total eighty percent. The other half is unalloyed political malice.
Clark County resident David Duggins duly was dispatched to spray gasoline on the brush fire, which he accomplished with his usual aplomb by threatening to send the Rasputin of Redevelopment and other city officials into the afflicted neighborhoods to knock on doors and remedy "misperceptions", which immediately sent panicked refugees streaming toward Silver Creek, into the newspaper’s Clark County coverage area.
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August 6, 2016
Look at Gahan hide, hide. Not to worry, because John "Human Shield" Rosenbarger is standing by, eager to obfuscate.
In other news, it took a long while, but the intentionally understaffed Jeffersonville-based "community" newspaper has clanked ineffectually into gear, producing drab content, but inadvertently shining a tepid light on the Gahan regime's boilerplate, namely that the mayor himself won't personally be touching this one.
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August 20, 2016
Stop me if you've heard this one before, Mt. Taborites: "They’re looking at it as more of an arterial road to move traffic though than a quality of living project."
I can't agree with all the objections voiced by the Mt. Tabor Road residents, but from the very beginning, they've grasped an essential point, because the "project" has been one designed to make the road usable by an increased number of cars, and an increased number of cars means a decreased quality of life.
---
August 22, 2016
Tonight at OLPH: Mt. Tabor Campaign Finance Restoration and Propaganda Safety Project spoonfeeding.
This evening, what's already been decided will be explained to you. You're feeling better already, right? Someone asked whether Mayor Gahan will be in attendance.
---
August 29, 2016
An Orwellian wetting of beaks -- or, some thoughts about the Mt. Tabor arterial enfluffment and timbering project.
But you see, there's no way a euphemism like the Mt. Tabor Road Restoration and Pedestrian Safety Project cannot happen, once the federal funds have been committed. If someone else pays, the money must be used, whether to grease an arterial or construct a subway to Xanadu. Beaks must be kept wet. This is the cycle of political life, and it need not be connected to master plans or larger truths. It simply is.
---
December 21, 2016
Phipps, McLaughlin pleasure mayor, oppose Blair's 6th district stormwater impact efforts, but the investigative measure passes council anyway.
Representatives of the usual engineering suspects and a handful of civic appointees were on hand at the council meeting to reiterate the municipal party line: As it pertains to stormwater, those Mt. Tabor area residents who insist on trusting their own two eyes instead of the mayor's should be ignored, and The Plan allowed to proceed.
---
March 22, 2017
Shane Gibson is unaccountable yet again as "City of New Albany Withholding Public Records in Mount Tabor Road Land Grab."
Following is a press release, courtesy of local businessman Colin Receveur. Municipal corporate counsel Shane Gibson's cavalier disregard for public information requests is legendary. I'm delighted to his snared in arrogance of his own making.
---
March 24, 2017
'Bune snoozes and IL gets the scoop: "City of New Albany, residents head to court over road improvement project."
“From all the discussion on this subject over the past 4 years, it has become apparent that the only person supporting dual sidewalks at this location is the Mayor of New Albany,”
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March 26, 2017
Mt. Tabor Road euphemism project: If City Hall looks bad, that's only because it's doing the damage to itself.
It isn't just that those federal 80/20 construction grants are like crack. It's that to Team Gahan, openness is like Ebola.
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