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When American Pickers was here they were shown using I70 to get from Lockhart's Auction to Donnie Woodsmith. Maybe Lisa uses same navigation service.
So I actually listened to Cari's concerns in the meeting.
I note that Cari started off describing her concerns about work product regarding an email from Hinsvark mentioning talking points to use when talking to the public about the sale to BAP.
The discussion went to the city council can vote to release something labelled "work product". And whether one city council member could unilaterally release something labelled work product.
Cari then says that CORA requires that city needs to be state that nonpublic information needs to be certified as causing "substantial harm" if released to the public.
And then the discussion went to City Attorney discussing attorney client privilege falls under "work product".
And then Hinsvark promised not to use it without consulting with city attorney.
But it seems to me that the essential legal issue was neglected in that conversation. That "work product" has a narrow definition and cannot be used by city staff in conjunction with most of the city council to secretly exchange information.
Seems clear to me that "work product" is defined in the law to not put an undue burden on government to track and publicly release every draft of a report. But CORA does explicitly state that if work product is used when making a decision then it must be released.
But that "work product" can easily be used by city staff and welcomed by a compliant city council as a means of secretly passing information. As Cari noted, it is more insidious than executive sessions because at least the public is aware that the city council is holding secret meetings. I would also note that city council must certify that they entered executive session for a valid reason and only discussed that topic. So it should not be possible in an executive session for Hinsvark to tell city council of recommended talking points of selling the current police station to BAP.
So calling something work product is not only more insidious than executive sessions, it is being used as a secret channel to communicate to city council info that could not be passed them in any other way without being public info.
Seems to me that there is every reason to believe that a majority of the city council will continue to enjoy receiving secret info. That Scott Ford and Sonja Macys should brush up on CORA and work to get anything improperly labelled as "work product" released to the public.
"Applaud City Council" is a completely wrong headline. The letter itself is praising two city council members. Thus, it is implicitly critical of the other 5 for not objecting and allowing this to happen.
If SB police has a real need for additional money then why doesn't he expect the city council to allocate it's additional money to meet his needs?
Seems pretty weird that he doesn't trust the city to fund what he claims are critical needs. If that is the case then shouldn't Chief Rae be focusing on the local political situation instead of asking for state money?
It is my understanding that now their seats will be filled by appointment from among those OC residents that apply. I think that since they didn't apply in time that Josh and Jenny would have to apply for those open seats like anyone else.
(c) "Work product" does not include:
(IV) Any materials that would otherwise constitute work product if such materials are
produced and distributed to the members of a public body for their use or consideration
in a public meeting ...
So the situation of "work product" which Tony Connell cites as being useful is not legal. From other open meetings cases, it would appear that if Tony Connell or any other city council members were to admit that work products were part of their decision making process then that decision is not legal. Just like they cannot pass an ordinance in executive session, they cannot use secret materials when making a decision.
It is this whole philosophy that government can be run in secret with decisions being made with secret information that inspired CORA and COML to be passed in the first place. That if information is good enough to be given to elected officials then it is good enough to be given to the public except in rare situation
This is not to pick on Tony Connell, but to show that the use of "work product" is not a simple way to get around CORA and COML of open records and open meetings with open information.
A campground 5 miles away at Stagecoach Lake is too far away? Any number of campgrounds in the Flat Tops is too far away?
Town of Oak Creek loves writing these government plans as if any fantasy put to paper means it will come true. The Town's Comprehensive Plan describes a pedestrian orientated downtown shopping district as if was the 16th Street Mall, or Carmel.
The trail built last summer goes from Lincoln Ave, over a hill with switchbacks to the Bucket Park on Main St. It is virtually never used with everyone walking along Lincoln to Main St.
There is no requirement in these government plans that any part of them make any economic sense. So the Town keeps adding rarely used infrastructure adding to it's maintenance burdens while things like a broken fire hydrant goes sits broken for years. Road maintenance has taken to deconstructing streets from asphalt to dirt.
Does it come with hashtags #irrelevant #failing and #surrender?
Vail Resorts is beating up the competition by selling tons of low cost season passes. Intrawest is selling a six days each at varied resorts for more than Vail Resorts' season pass. It would be interesting to learn if this announcement ends up with Vail Resorts selling more passes because it removes any hope that there will be a competitive pass from Intrawest.
And here is a simple solution to solve what apologists such as Kenny Reisman says is a "no-win" situation.
RELEASE IT! Name any scenario in which city staff considering parking meters gains anything by not being released to the public. Why would it make any difference if the city government had said there was just a mere thought that staff should research the concept of metered parking?
RELEASE IT! How would it have made any difference for city to say they are expecting to get possession of a Barn Village parcel through foreclosure and were thinking of seeing if it could be used to swap for a site for the police station. Maybe some other owner of a long time vacant commercial lot say they'd like to trade for a multi-family lot and give the city better options. There would be more benefit from releasing it than from keeping it secret.
New council member Tony Connell said he “was not against getting work product as long as it's unbiased and it's setting the stage for my decision.”
Well, if that statement is true then CORA is explicit that the work product has to be released! A primary principle of CORA is that public decisions are the result of a public process. Thus, decisions cannot be based upon secret communications from city staff.
I agree that secretive work product memos run counter to the concept of public government.
If a majority of the city council lacks the commitment to open and public government then all is not lost. Particularly since the work product memos were not reviewed by the city attorney, it is highly likely to include public information and thus can be released after the confidential portions have been redacted.
I don't know if a city council member is given the privilege of being allowed to ask the city attorney to review a work product memo and ask for a redacted version to be released. That would seem to be the easiest path and to be a fair corrective measure considering the city staff had agreed to send work products to the city attorney for legal review prior to being given to the city council.
I have submitted CORA requests in the past to this city government and had them rejected. I could have taken the city to court, but that is a tough road when I didn't know what was in the documents and whether they actually contained anything that should have been released.
But the city council members have seen the originals and if any of them were to submit an open records request that is denied then they can provide an affidavit to the court that there are portions that do include info that cannot legally kept secret and thus ask the court to order the release of a redacted version.
Last login: Saturday, February 15, 2014
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