[Vision2020] Wasted Money: City Level

a smith at turbonet.com
Tue Apr 21 14:02:00 PDT 2009


A question that leaps to mind would have to be, WAS any city business conducted via private e-mail or is this simply a great big fishing expedition/harassment technique conducted by someone who is'nt a resident of the city of Moscow and who harbors resentment that his treasured MCA council members were shown the door in such a overwhelming manner? Is it "city business" every time the topic of water is mentioned in a private E-mail? Once I hear an unbiased answer to these questions it will be easier to have an opinion. It's a little hard to get overly exersized over spending $2500.00 in funds allready budgeted for situations precisely like this. Don't get me wrong, any unnessacary spending is to be avoided but I have yet to hear any evidence that would justify forcing council members to give access to private communications to comply with what may well be a frivolous or unlawfull request.

g
----- Original Message ----- 
From: <bear at moscow.com>
To: "Joe Campbell" <philosopher.joe at gmail.com>; "Saundra Lund" <sslund_2007 at verizon.net>; <vision2020 at moscow.com>
Sent: Tuesday, April 21, 2009 8:11 AM
Subject: Re: [Vision2020] Wasted Money: City Level


> Hi Joe,
> 
> I'm not a "teabager" in any sense of the definition, but I am going to jump in on this
> one.
> 
> First, the role of the City Attorney, based on the Functions and Mission Statement that
> they 
> have published are:
> Function:
> The City Attorney is the primary legal counsel for the City Council, Boards and
> Commissions, 
> the City Supervisor, City Departments, officers and employees. The City Attorney provides
> legal 
> representation and advises City officials on all legal matters involving the City,
> including land 
> use, personnel, contracts, real property transactions, elections, and re-development. The
> City 
> Attorney represents the City in state and federal court, oversees outside counsel handling
> other 
> litigation, and completes other tasks as assigned.
> 
> Mission Statement:
> To provide highest quality legal services and advice to the Mayor, Council and City
> Departments 
> with minimal use of outside assistance of counsel so that the interests of justice and
> fairness 
> are served and the values of the community are upheld.
> To conduct fair and even-handed prosecution services which focus on our responsibility to
> do 
> justice tempered with mercy.
> 
> Now that we know what the functions and mission are, we have to ask a logical question in 
> regards to the issue at hand, which as I read it is if city council members use private
> emails to 
> conduct city business, should those records of city business be accessible to the public
> under The Idaho Public Records Law; AND if there is a question as to if they are or not,
> should  the 
> city provide money to determine that for the individual councilors?
> 
> Well, they have legal counsel to go to to BEFORE they potentially violate a state law. DID
> they go 
> to and ask that legal counsel for advice BEFORE they acted? IF they didn't, why not?And if
> they 
> didn't, the individuals should be on the hook for their own legal bills.
> 
> It also begs the question that since City Councilors have legal advice before they act,
> and they 
> have a city provided e-mail address with which to conduct city business, WHY did they use
> a 
> private address to conduct such business?
> 
> So the questions we are faced with based on last nights decision to provide these City 
> Councilors money for private legal counsel is multi-faceted.
> 1) Why didn't they get legal counsel from the City Attorney before they acted? This would
> 
> question if they understand the functions of the City Attorney or understand their jobs as
> city 
> councilors.
> 
> 2) Did they get advice from the City Attorney,  did they take it? IF they took it, no
> matter what 
> that legal advice was, the City Attorney should be representing them, not private legal
> counsel.
> 
> 3) If the City Attorney told them it was not legal to conduct city business and they
> ignored that 
> advice, then they are on the hook for their own legal bills, not the citizens of the City
> of 
> moscow.
> 
> 4) IF they did in fact. violate the Idaho Public Records Law by using a private computer
> address 
> to conduct city business, it questions their abilities and ethics, and why should the
> citizens be 
> paying TWICE (City Attorney and private legal counsel) for their actions?
> 
> Comments?
> 
> 
> 
> --------------------------------------------------------------------------------
>> Teabagers? Any thoughts on this? 
>> I didn't think so! 
>> Joe Campbell
> -------------------------------------------------------------------------------- 
>> On Apr 21, 2009, at 12:38 AM, "Saundra Lund" <sslund_2007 at verizon.net>  
>> wrote:
>> > Visionaries:
>> > Wow -- I just watched the City Council vote to spend  ***our***  
>> > money to
>> > help two City Council members retain legal counsel to figure out  
>> > whether or
>> > not they have to comply with Idaho Public Records Law with respect to
>> > official business conducted from "private" email accounts.  In a  
>> > nutshell,
>> > our money is going to be spent to try to figure out how to get  
>> > around Idaho
>> > Public Records law.
>> > Of course, it's a no brainer that once public officials choose to use
>> > "private" email accounts for public business, they lose the  
>> > expectation of
>> > privacy with respect to official business they conduct from those  
>> > "private"
>> > email accounts.  More concerning, I think, is the use of "private"  
>> > email
>> > accounts to conduct public business in an attempt to avoid both  
>> > legitimate
>> > public record requests *and* public scrutiny of public business.
>> > This is just crazy -- our City Council, led by John Weber and egged  
>> > on by
>> > Gary Riedner, just agreed to spend $2500 for *initial* legal advice  
>> > for
>> > *each* of the two City Council members (Steed and Krauss) -- out of a
>> > legislative available pool of  $10,000 -- who are apparently balking  
>> > at
>> > turning over public records. Spend Crazy Weber made it clear
>> > we-the-taxpayers should be on the hook for as much money as it takes  
>> > for
>> > these two Council members to fight complying with public records  
>> > law.  And
>> > Weber also felt perfectly comfortable in making a snarky response to  
>> > the
>> > sole Council member who wasn't comfortable giving carte blanche in  
>> > the form
>> > of an open checkbook to defend the attempt to *not* comply with  
>> > Idaho Public
>> > Records Law.  Clearly, the expectation of professional conduct in  
>> > conducting
>> > public business is far and above Weber's abilities.
>> >
>> > The fact of the matter is that if they were willing to turn over the  
>> > items
>> > that are, by definition, part of the public record, there would be  
>> > no need
>> > for *us* to pay for private legal counsel for them.  It will be  
>> > interesting
>> > to see what attorneys are going to benefit from this public financial
>> > windfall.
>> >
>> > And, of course, all of this could have been easily avoided had they  
>> > simply
>> > used City-supplied email accounts rather than trying to hide things  
>> > from
>> > public view for a personal "pet project" that a clear majority of  
>> > tax payers
>> > don't support.  The City has been well aware for quite a long time  
>> > of the
>> > specific problems with "private" email accounts being used to  
>> > conduct City
>> > business, yet they've chosen to take the path of least resistance,  
>> > which is
>> > now costing us Real Money, not to mention eroding public confidence.
>> >
>> > Not surprisingly, both Council members who are trying to avoid with
>> > complying with Idaho's Public Records Laws were GMA candidates.  If  
>> > nothing
>> > else, the actions of these two Council members make clear that GMA is
>> > heavily invested in continuing the good ol' boy network that  
>> > absolutely
>> > hasn't served our community well.
>> >
>> > Coupled with the changes in fees they also approved tonight to make  
>> > getting
>> > public records more expensive for us, it's clear this current council
>> > doesn't give a rip about transparency or accountability.  It's all  
>> > about the
>> > good ol' boy network being alive and well here to continue to allow  
>> > public
>> > business to be conducted out of public view, and they ought to be  
>> > ashamed.
>> >
>> > So, here's the real test of those who turned out for local Tea  
>> > Parties:  do
>> > you really care about the issues you protested?  If so, you have an
>> > obligation to protest this blatant waste of ***our*** scarce local  
>> > taxpayer
>> > funds.  If you can't make a difference locally -- in your home town  
>> > -- then
>> > your efforts at the bigger picture are meaningless.  So, let's just  
>> > see how
>> > genuine your concerns really are.  Pardon me if I don't hold my breath
>> > because looking at the GMA leadership, it doesn't take a genius to  
>> > see that
>> > those involved are totally hooked into old ideas of leadership that  
>> > have
>> > historically failed to serve our community well.
>> >
>> > And, to John Weber:  you're the one who clearly has no interest in
>> > generating goodwill when you are oh, so willing to waste the hard- 
>> > earned
>> > taxpayer dollars you take from us to advance your personal special
>> > interests.  You perceive that your buddies are "under attack" simply  
>> > because
>> > a member of the public understands Idaho Public Record Law.  How  
>> > about you
>> > taking the time to inform yourself -- there's really nothing  
>> > complicated
>> > about the issue -- before you go off half-cocked yet again?  Give us  
>> > all a
>> > breath of fresh by showing you have the *ability* to actually  
>> > understand the
>> > issues that come before you -- there are a great many of us who  
>> > continue to
>> > wait . . . and wait. . . and wait for that glimmer of actual  
>> > understanding
>> > rather than your knee-jerk responses to "defend" your personal  
>> > buddies at
>> > the expense of the clear spirit and intent of Idaho's Public Records  
>> > Laws.
>> >
>> > Basically, I'm of the opinion that if we-the-people don't *demand*
>> > transparency and accountability in our own community, it's foolhardy  
>> > to
>> > think we'll ever get it at the state or federal level.  And, sadly,  
>> > the
>> > actions of our Council tonight is a great example of that truism.
>> >
>> >
>> > Disgusted,
>> > Saundra Lund
>> > Moscow, ID
>> >
>> > The only thing necessary for the triumph of evil is for good people  
>> > to do
>> > nothing.
>> > ~ Edmund Burke
>> >
>> > ***** Original material contained herein is Copyright 2009 through  
>> > life plus
>> > 70 years, Saundra Lund.  Do not copy, forward, excerpt, or reproduce  
>> > outside
>> > the Vision 2020 forum without the express written permission of the
>> > author.*****
>> >
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>> >          mailto:Vision2020 at moscow.com
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>> 
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> 
> 
> 
> 
> 
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