IS IT TRUE? June 20, 2011
IS IT TRUE that the City of Evansville Department of Metropolitan Development responded to the City County Observer’s Freedom of Information Act request letter dated 5/19/2011 with a letter in which they stated under the signature of Shannon Begeman, Keeper of Records that DMD would make the requested records available to the CCO on or before 6/16/2011?…that 6/16/2011 has now passed and the CCO has not received any response from DMD?…that 6/16/2011 was the absolute longest time period allowed by Indiana’s Access to Public Records Act I.C.5-14-3 et seq to respond?…that taking every minute allowed by law while legal purposefully withholds information for the longest period allowable which raises suspicion that the contents of the documents will not cast good light on the City of Evansville?…that today the DMD is in violation of the Freedom of Information Act?…that we hope that this was oversight that is corrected today?…that we will make every attempt to reach Ms. Begeman today to retrieve the records requested?…that we invite Ms. Begeman to contact us first to arrange for us to get these records?…that she may do so by the means described in the Contact Us header on this website?
FOIA Response from DMD: Convention Hotel Documents
FOIA Response Letter: VenuWorks Contracts
IS IT TRUE that the information that we requested on a standard letter of request under the Freedom of Information Act was a) all correspondence, contracts, and agreements between Woodruff Hospitality/Kunkel Group and the Evansville Redevelopment Commission/City of Evansville, and b) all correspondence, contracts, and agreements between VenuWorks and the Evansville Redevelopment Commission/City of Evansville?…that we have no nefarious purpose in obtaining these documents but do believe that the citizens of Evansville have a right and even a need to know what the real contractual facts are regarding these important deals that we all will be asked to financially support?…that extension after extension of contracts that are not disclosed as has been done with the McCurdy Hotel does not give a good impression of the ability of the City of Evansville to make business deals that have the desired outcomes?…that we want to do whatever is possible to fully inform the citizens of Evansville about THEIR BUSINESS?
IS IT TRUE that we do not know what the penalty is for a city that refuses to respond to a Freedom of Information Act request?…that unless the City of Evansville DMD is technically already in violation?…that if this violation is not cured in short order that the City of Evansville will be finding out what the penalties and inconveniences are for violating the Freedom of Information Act?
IS IT TRUE that several members of the Evansville City Council are being stonewalled about requests for information that they have made?…that the duration of the stonewalling already exceeds the 21 day limit of a formal FOIA?…that members of the city council should not be forced to make a formal FOIA request to be granted access to the business contracts and agreements that they are the legislative body in charge of?...that the CCO offers to craft any FOIA letter needed for members of the Evansville City Council who are being denied access to pertinent information?…that we will do this FREE?
IS IT TRUE that it has now been 1,511 days since the announcement was made on May 14, 2007 that the McCurdy Hotel was to be refurbished into luxury apartments?…that it has now been 1,364 days since the Evansville Redevelopment Commission at the request of Mayor Weinzapfel approved the spending of $603,000 to purchase the parking lot?…that City Centre Properties and Scott Kosene the developers of the McCurdy project are both listed as contributors to the Weinzapfel for Mayor committee for 2010?
IS IT TRUE that there are now 498 days remaining in the two years that the EPA had given the City of Evansville to present an acceptable solution to the Combined Sewer Overflow problem?…..that this plan is an expensive and complex endeavor that needs immediate attention to avoid the embarrassment and expense of another round of fines?
Is it true the penalty can be found here…
http://www.cga.ct.gov/2005/pub/Chap014.htm#Sec1-240.htm
Then there is this…
http://freedomofinformationacts.uslegal.com/remedies-available-for-agency-non-compliance-with-foia/
Why won’t they just comply with the law and release this information? Is there anything in the documents that were requested that is worth breaking federal and state law for? It sure makes it look like the City of Evansville is hiding something when they violate the Freedom of Information Act to hide it. I wonder what else is being hidden in the Civic Center that has not been asked for.
The City needs more time to actually complete the Kunkel and VenuWorks contracts, not to mention the amount of redaction that will be added. This is a disgrace, when a newspaper has to resort to FOIA requests to get documents dealing with PUBLIC WORKS projects. These contracts should be openly and widely available to citizens. I hope that one or both of the Mayoral candidates makes an announcement in favor of the release of this information, and also tells voters how transparency will be handled in their Administration. If we can get both mayoral candidates to come out in favor of release (can’t imagine what either would have to lose), that kind of makes the current administration look silly. And maybe that dual-endorsement for release avoids a lawsuit ?
Good point, the mayoral candidates (but especially the Davis) silence is deafening, isn’t it?
I hope all you “pick rick” boys and girls are listening…
When Weinzapfel began his first term as Mayor of Evansville, he held a workshop in the Civic Center to inform ALL employees of the materials that the public was entitled to request and receive. I sat next to now former C&P editor, Chuck McAuliffe, one of those who fought for the Indiana Public Access Law.
If your request was made using the IN Public Access Office forms, you can file a formal complaint regarding the lack of response by the Mayor’s office. If they rule against them, you will get a letter that could be published along with your complaint. It is pretty embarrassing for sneaky people to have the spotlight turned on them.
Actually the letters that we received from DMD committing to respond by 6/16 acknowledged that our letter was compliant. We have used the same letter form to request other FOIA info including directly to the Mayor. We were accommodated quickly by the Mayor. It is DMD that seems to be stonewalling us.
It seems the hold up is the money to pay for the copies? Seems the “cost” would have been included in the email response to speed up the process? As usual, that would make to much sense. Maybe the CCO Editor needs a bake sale to raise the funds to obtain this delayed information. I can swing by a grocery for a dozen cookies or just donate some $$ to get this information for the public. Where is the C&P? oh yeah, deep in someone’s pocket.
May 19, 2011
Joe Wallace City County Observer 318 Rosemarie Ct Evansville IN 47715
Re: Public Records Request
Dear Mr. Wallace:
Phone: (812) 436-7823 Fax: (812) 436-7809 TOO: (812) 436-4928
The Department of Metropolitan Development received your written request on 5/19/2011 requesting access to and copies of any contracts, agreements, and correspondence between Woodruff Hospitality LLC/the Kunkel Group and the Evansville Redevelopment Commission/City of Evansville pertaining to the proposed Downtown Convention Hotel, the Executive Inn, and the Executive Inn parking Garage. Also, copies of all correspondence between the City of Evansville and Woodruff Hospitality/the Kunkel Group in response to solicitation requests by the City of Evansville relating to financial incentives proposed by the City for the construction of a new downtown hotel adjacent to the Arena.
This response to your written request is made pursuant to Indiana’s Access to Public Records Act, 1.C.5-14-3 et seq. The Department may have records that are responsive to your request and is in the process of retrieving and reviewing the necessary files. A response will be provided on or before 6/16/2011 to advise you of the Department’s findings. Pursuant to 1.C.5-14-3-8, a fee for copying any records in response to your request may be charged by the Department and payment of such costs must be made prior to releasing copies of public records.
Sincerely,
Shannon Begeman Keeper of the Records
Jonathan Weinzapfel, Mayor Thomas Barnett, AicP, Executive Director
We have the records that we requested. They called today. The total copying fees were $7.70 and we were treated with the greatest of respect while at DMD. We will read through them and release the information to the public.
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