MAYORS LEGAL COUNCIL TED ZIEMER JR. MAINTAINS THAT McGLADREY IT REPORT IS CONFIDENTIAL

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Ted Ziemer, City of Evansville Attorney
Ted Ziemer, City of Evansville Attorney

Dear Council Members:

I have just reviewed your Attorney’s e-mail to you of 7/29/2013.
I have no comment on Mr. Danks editorial comment regarding the past three (3) months.
The document sent to Mr. Danks by my office is, as stated in my memo to Mr. Danks of 7/25/2013, an earlier draft of the McGladrey Assessment.
Contrary to the opinion of your Attorney that “the report is NOT confidential” I assure you that it is deemed confidential by the Administration under applicable Indiana Law and that as such we would not release it to the public under either an APRA or a FOIA request.  We only released it to your Attorney for delivery to you due to your special status as members of the Common Council of the City of Evansville and thus we asked and continue to ask that you maintain the confidentiality of the document.
Cordially,
Ted C Ziemer, Jr.
Corporate Counsel for the City of Evansville

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7 COMMENTS

  1. Attorney Ziemer:

    Please cite specifically the part or parts of the Access to Government Records Act (APRA) and the Freedom of Information Act (FOIA) that you believe grant you authority to withhold information contained in the original draft version of McGladrey Assessment Report.

    ___

  2. ditto! how in the world can this be a confidential document? Ziemer was the largest individual donor to Mayor’s campaign, which is obviously how he got the job as Mayor’s attorney…but really??

  3. I.C. § 5-14-3-4(a), the following records cannot
    be disclosed by a public agency unless the
    disclosure is specifically required by state or
    federal statute, or is ordered by a court under the
    rules of discovery. The exceptions found in I.C.
    § 5-14-3-4(a) include the following:
    •
    Records made confidential by state statute;
    •
    Records made confidential by rule adopted
    by a public agency under specific statutory
    authority;
    •
    Records made confidential by federal law;
    •
    Records containing trade secrets;
    •
    Records containing confidential financial
    information received upon request from a
    person;
    •
    Records containing information concerning
    research, including research conducted
    under the auspices of an institution of higher
    learning;
    •
    Grade transcripts and license examination
    scores;
    •
    Records made confidential by rules adopted
    by the Indiana Supreme Court;
    •
    Patient medical records and charts created
    by a health care provider unless the patient
    provides written consent for the record’s
    disclosure;
    •
    Application information declared
    confidential by the Twenty-First Century
    research and technology fund board;
    •
    A photograph, a video recording, or an
    audio recording of an autopsy; and
    •
    A social security number contained in the
    records of a public agency.

    _______

    Attorney Ziemer:

    Would you be so kind as to inform the public as to which of these exceptions to public disclosure you are claiming?

    ___

  6. “I assure you that it is deemed confidential by the Administration under applicable Indiana Law and that as such we would not release it to the public under either an APRA or a FOIA request.”

    Our local officals are the main reason our young professinals relocate else where.

    They all should be ashamed.

    Good job CCO on printing the truth.

    Shame on our elected officals.

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