Mosby Declares Granting Public 3 Minutes To Speak Is Merely A Favor That Could Be RescindedÂ
We looked in on Monday night’s City Council meeting, expecting a very routine meeting. When we had last checked the agenda, it appeared that there were no issues of consequence to be discussed. That turned out not to be the case. After the meeting, we came away from our television sets not knowing whether to laugh, cry, or look for another city to move to.
It became clear early that the sole function of the majority of the Councilors is to be present in order to compose a quorum and to respond with “aye†when their name is called by City Clerk Laura Windhorst. Most of the action was handled by Councilors McGinn, Mercer, Weaver, and Hargis, presided over by Missy Mosby.
The un-funny “funny business†began with the appearance before Council of John Graybill, who was apparently placed on the agenda after the deadline, which is noon on the Wednesday before the Monday meeting. Mr. Graybill’s name may be familiar to some of our readers, from the rather spirited discussion that took place on CCO of what investigators say was the arson at Inland Marina. Mr. Graybill has apparently been grinding an ax for a number of years with Ron and Gail Riecken and their family over having his boat “evicted†from their marina.  He now has shown up at City Council proposing a series of ordinances governing the operation of privately owned marinas, some of which would be expensive and appear unneeded according to the two current members of the Marina who appeared to speak in favor of not changing ordinances concerning the safety of the operation of the facility.
The City-County Observer is not taking sides in the matter of Mr. Graybill’s plan.  We were surprised when Mr. Graybill was given ten minutes to present his suggested ordinances, but the two gentlemen who appeared to refute Mr. Graybill’s proposal were limited to only three minutes. We were taken aback when Ms. Mosby announced that it had “been reported†that she had “put in†the Graybill ordinance proposal, but she denied having done so. We are not aware of such a report, but will surely explore the possibility now.
She then went on to remind the public that the Council does not “have†to hear them at all, and that the three minutes they are granting was merely a favor that could be rescinded at any time. Unlike Ms. Mosby, we believe that it is in the public interest to respect the right of the free speech in all matters of government.
We were also amazed that when a lady rose to ask a question about whether or not allegations in the Courier and Press by Editor Tim Ethridge concerning the behavior of Councilman Jonathon Weaver were true, Ms. Mosby broke in before the woman could finish her question, stating that the Council did not have time to deal with “slander.†The questioner replied that she was asking that Mr. Weaver confirm or deny the allegations, and Ms. Mosby asked the lawyer for Council his advice. He advised that no answer be given, and Weaver complied.
The Evansville City Council did strike one more blow against transparency and accountability during last nights meeting, that Ms. Mosby brought up. She suggested that verbatim minutes no longer be kept by the City Clerk, but only that “summaries†of meetings be written by employees in that office. Mosby assured the Council that it is an antiquated practice and not necessary since digitized recordings of the meetings are available to the public. Councilman McGinn actually questioned whether or not a vote was even needed, telling Mrs. Windhorst that “You got elected, you can do whatever you want.† We realize that McGinn no longer practices law, but we wonder if he truly believes that being elected to an office allows the officeholder to do whatever they wish. We do not believe that, and neither should any public servant. Whether they are elected or appointed, they owe their jobs to the taxpayers. We, the people do not believe that any “mandate†our current officials claim overrides their obligation to fair, open hearings of both sides of issues that come before them, nor does it make them above the law.
Todays “Readers Poll” question is “You Agee with Missy Mosby That Granting The Public 3 Minutes To Speech Is Merely A Favor”?
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All of this opacity was expected. It’ll get worse. It has more to do with the quality of some of the councilors than any crazy concept like transparency in government or lack thereof. Look for them to start holding the meetings, well controlled, at Vectren or Old National.
As things regress we’ll probably be treated to some ejections and the subsequent post-meeting explanations by the two lightweights running the show. The new council attorney seems to know his role but providing cover for Weaver could prove to be very time consuming and he ought not do it on the public dime.
I had expected things to go bad on City Council, but this is beyond my wildest dream. Whoever the lady who showed up to ask Weaver if the Courier allegations were true is, she deserves an award for doing what she did. I think it is time for Weaver to answer for his reported behavior. Brad Byrd interviewed SBR about her unfortunate Facebook posts and she was the object of a legal investigation. Maybe it is time for Weaver to face a special prosecutor.
Yes. If Weaver has left his loom and is putting his hands on people knowingly or intentionally in a manner that is insolent, rude or angry, well, that’s battery. It pains me to write that, him being such a pillar of our community and an elected official but if the things you hear from multiple sources are true I fear he sets a bad example for our youth.
THE BIGGEST NEWS COMING OUT OF THE COUNCIL MEETING LAST NIGHT…..
……was not even mentioned in this City County Observer’s recap of the meeting!
City Council placed a city-owned nonprofit (under investigation by the US Treasury Dept.), the Evansville Brownfields Corp. (a Land Bank), to OWN city properties and make it’s bond payments.
http://www.courierpress.com/topstories/Evansville-City-Council-Meeting—February-8-2016-368096441.html
Stop being distracted by this Weaver crap. In fact, people are thrilled you are distracted by this Weaver crap.
I’m thrilled to be able to comment on these folks. They are the ones facilitating whatever is being done under the name of Brownfields. Any foibles they exhibit should be reported and then commented on, by me.
Bandana……seems a style and behavior change from you.
You always ask questions if suspected mischief has been found…..I’ve never known you to wait until it’s “reported.” You always demand answers because transparency demands it.
It’s just a curious comment Bandana.
Anyway…..this HAS been reported.
The funds for the land bank Evansville Brownfields Corp, funds intended by the Treasury Department for acquiring, clearing and selling “blighted properties” were used to buy land which was then sold to D-Patrick for a new car dealership near US41.
The US Treasury Department Inspector General is investigating the misuse of funds by the EBC land bank. I mean, seriously, clearing land for a car dealership?
Not just the CCO reported that, the Courier & Press reported it.
It’s not like you not to be ALL OVER this. What a curious comment B.
You’re point is well taken but there’s not much I can add to the things George, Press and you have put up on it. I’ve been following and don’t think I’ve missed reading much that’s out there so far about it.
Weaver’s antics are just a welcome distraction to me. I doubt that any victims he has feels that way.
The opacity of the administration is astounding. I think there will be a forced unmasking, shaking their hubris-woven cocoon and unraveling their very questionable money-handling on several fronts. In the meantime I’m probably not going to beat my head against a wall yelling for them to open up. They are currently above the law, a situation that is subject to change.
you elected these clowns
I voted for the losers. In the 6th ward, we didn’t even get a choice.
you did in the primary
You had a choice in the primary in the 6th ward, majority just wanted the same kind of BS that was there 4 years ago instead of someone that actually did something for the community and did not back down. But….
Karma. The Democratic party openly opposed Rick Davis. The Democratic party is now receiving their just reward with these Democratic Council members.
What channel is the City Council meeting on? I wish CCO would remind its readers of the meetings so I can set it to be recorded.
WNIN. The meetings are every Monday evening.
Why haven’t the audit findings been released? Has the state of Indiana really become that corrupt under filibuster proof republican control?
Yes
What did the city have to give away to land the new hockey team? I hope tomorrow’s IIT will cover this.
As someone who is very familiar with the Indiana Open Door Law, I will offer the following.
The decision by Miss Mosby to allow someone 10 minutes to talk while limiting comments from the audience is supported by the requirements of the Indiana Open Door Law. Yes, it was a crappy way of handling it, but her methods are within the guidelines.
Let me explain
Since the Indiana Open Door Law has NO requirement that a Council, Commission, or Board accept or allow public comments from citizens, the fact that the City Council has placed that allowance into their meetings is good for us citizens.
The way that Miss Mosby got around that and was able to allow more time (I think some have stated 10 minutes) for John Graybill was exactly what the CCO has pointed out: He was an “agenda item”
As someone who is officially on the agenda, there are no restrictions on how much time may be utilized to address the Council, Commission, or Board. The Chair of the meeting can decide and govern the speaking time, but in reality there are no legal restrictions on someone addressing the Council, Commission, or Board.
By allowing Mr. Graybill to be an “agenda item” instead of a citizen speaking during the “open comment” period, Miss Mosby has managed to get around the 3 minute “open comment” period the City Council has adopted.
Now, don’t be fooled for a minute about the Sneagal on this. The agenda of Council, Commission, or Board is almost always decided by the Chair, which in this case was City Council President Missy Mosby. She allowed Mr. Graybill to be on the official agenda as an “agenda item,” and by doing so she was assured that Mr. Graybill would not be limited to the 3 minute restriction for an “open comment” by a citizen
Also, it is my understanding that an agenda can be changed up to 24 hours before the actual meeting takes place. I’m going to research that. But as long as the final agenda is “posted” for the meeting, which is done by taping it to the outside of Room 301, they can make changes.
Finally, here is my advice to citizens who want to do things “officially” while abiding by the rules: Request to be on the agenda.
By requesting to be on the agenda, you force them to recognize your request, and by doing so you can make it arranged so that you are NOT limited to 3 minutes as an “open comment” item.
However, be advised that agenda items for a Council, Commission, or Board are SOLELY at the discretion of the President or Chair of the meeting. Requesting to address a Council, Commission, or Board is NOT a guarantee of being allowed to speak. I can pretty much promise that for the situation we have seen under Miss Mosby that she will be tight-fisted in controlling who will be placed on the agenda and what they speak about.
But if that happens over and over again, eventually somebody will take notice and consider a complaint to the Indiana Public Access Counselor. Unless the guidelines for being accepted for the agenda to address the City Council are written down in a way that does not discriminate against certain citizens, Miss Mosby and the City Council might have a headache.
Dear CCO Editors
I agree completely with you in regards to the City Council meetings needing to continue to be verbatim.
If Miss Mosby decides as President to encourage such an action, I would hope the City Council takes an actual vote on this. I find it to be the epitome of sneagal for such a decision to be made by the President only.
Furthermore, I would encourage readers to note that ALL the major Councils, Boards, and Commissions in Evansville and Vanderburgh County do verbatim transcription of their meetings. I find it to be an extremely bad precedent for the City Council to suddenly make this type of operational change after just a few public meetings.
For the record, the Open Door Law requires (per Indiana Code 5-14-1.5-4(b)) that memoranda of meetings be maintained:
As the meeting progresses, the following memoranda shall be kept:
(1) The date, time, and place of the meeting.
(2) The members of the governing body recorded as either present or absent.
(3) The general substance of all matters proposed, discussed, or decided.
(4) A record of all votes taken, by individual members if there is a roll call.
(5) Any additional information required under Indiana Code 5-1.5-2-2.5 or Indiana Code 20-12-63-7.
Part of what the Open Door Law covers are the recordings of the meeting. A public agency such as the City Council is withing the “spirit” of the Open Door law by using recordings of the meetings,
Furthermore, the City Council is NOT legally obliged to transcribe verbatim the tape recording. The Open Door Law’s memoranda requirements do not require a verbatim transcript of a meeting, and the Access to Public Records Act does not require a public agency to create a record that it is not legally required to create.
In conclusion, I would like to know the actual reason that Miss Mosby has suddenly pounced on the change from transcribed to just using the audio files. Audio only files are hideous for a variety of reasons, least of all that if a person does not properly use the microphone, then what they said is lost.
Sneagle on Steroids?
The council did vote on it and decided unanimously that there will no longer be verbatim minutes kept. McGinn tried to get around the vote by telling Laura Windhorst that she didn’t need them to vote, since she is the elected City Clerk and can do as she pleases. Too many people don’t have access to the digital recordings of the meeting. If a party wishes to file a lawsuit against the Council, they will have to obtain the recording and have it transcribed if they want the proceedings admitted into the record. That is not an inexpensive matter.
Laura
Sorry, last night I was on the road and unable to watch. I misinterpreted what was written.
THANK YOU for clarifying for me!
I heard about Weaver’s attempt to crash a bachelorette party on a party bus. on Franklin St. He jumped on and tried to get chummy with the ladies and was tossed off the bus. He caught up at the next stop and got on the bus again, and was thrown off again. The third time, he was greeted with the news that he was going to get his ass whipped if he got on again.
I’ve always wondered why Missy and him hang around so close. I think I figured it out. It takes both of them to have one brain between them.
I was glad to do it. Thanks for the good information you brought to the discussion. I appreciate it.
I voted in both elections and didn’t vote for one winner. I didn’t vote when I only had one person to vote for.
Dear CCO,
Please elaborate on the word “evicted”. Was this something that went through the courts system which I am unaware of? I’m not aware of the word “evicted” being used as a verb in this situation as both of my lease agreements were both current on payment and within the lease agreement terms. Or is your reference of the word “evicted” having a different meaning?
Graybill
The Indiana Open Door Law blatantly contradicts the First Amendment of the United States Constitution and should be closely examined by the ACLU of Indiana. Any American citizen has the constitutional right to express him/herself on public property, regardless of any antiquated parli-pro procedures that have been adopted by locally elected officials, or state law.
Furthermore, the proposal to suspend the recording of verbatim transcripts of city council meetings is indeed in violation of The Indiana Open Door Law. It is unreasonable to assume that all citizens have access to publicly broadcasted transmissions of each city council meeting. As of 2014, an estimated 17 percent of American households had transitioned to “broadband only,” which means they have done away with traditional cable TV services altogether. That number has only increased since.
I implore the city council to review both state and federal laws before continuing to conduct procedure in this manner. It is in their best interest to establish transparency with the public.
-“and that government of the people, by the people, and for the people, shall not perish from the earth.”
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