THE REQUEST AND REPLY RE: CARL SCHMITZ by The New Harmony Gazette Publisher Dan Barton

(This is a copy of an Indiana Access to Public Records letter sent by The New Harmony Gazette to Posey County Commissioner Carl Schmitz on May 11th.)

Dear Commissioner Schmitz:

Pursuant to the Access to Public Records Act ( Ind. Code 5-14-3) I would like to obtain a copy of the following Public Records:

In a cell phone text dated March 24, 2017, you stated to me that you had an engineer’s report stored in your barn that would confirm the remarks that you made to citizens of Posey County, Indiana at a public meeting on March 11th, concerning the status of the Harmony Way Bridge. You indicated, after I requested the report for the New Harmony Gazette, that it would take a couple of weeks for you to get it.

More than two weeks have come and gone and I have not received the report nor any word from you regarding this matter. I also requested the report from you via a text message to your cell phone at 812-483-1629, on April 12, 2017. Again, no response! I believe the statements that you made were false and I am now taking steps to formally request the engineer’s report, that you say you have, through Indiana’s Public Access Act.

Also on March 24, 2017 you indicated, via text, to me that the reason you voted “NO” twice in 2014 for Posey County to “Not” take title to the Harmony Way Bridge, was because of this unsubstantiated information which you indicate shows that it would cost $41 to $50 million to reopen the bridge. This decision had a potential negative effect on the economy of both The Town of New Harmony and Posey County. It has been calculated that the Harmony Way Bridge can attract gross receipts of nearly $600,000 per year and possibly as much as $500,000 in transient income per annum. It’s important for the voters and citizens to know that what you said that you depended upon to make your decision was based on factual data, such as a valid engineer’s report.

On March 11, 2017 at a Public Meeting in Poseyville Indiana, entitled, Farm Bureau/Cracker Barrel Legislative Forum, you made the following statements pertaining to any assistance by the Posey County Government, whom you represent, participating in the reopening of the Harmony Way Bridge. The bridge is located on the Wabash River between New Harmony, Indiana and Crossville, Illinois:

1)”I wouldn’t drive over it on a four wheeler.”
2)“No one owns it.”
3)The cost to update the bridge is $41 to $50 million dollars.

Regarding the first comment, it must be pointed out that in July 2016, six citizens of Indiana and Illinois, myself included, walked across the entire Harmony Way Bridge together from Indiana to

Illinois and back without any bridge structure reverberations. Everything went just fine.
New Harmony Indiana, Road Maintenance Supervisor Bobby Grider has been observed by me and by several other residents of New Harmony over the past two years crossing the Harmony Way Bridge by bicycle from Illinois, where he lives, to New Harmony, Indiana, where he works. Grider comes over on the bridge in the morning, and back to Illinois in the afternoon. The bridge has not shown any negative effects from Mr. Grider’s many crossings back and forth on his bicycle. Please furnish the New Harmony Gazette, to my attention, the proof that you say you have in the form of an engineer’s report that validates your statement, “I wouldn’t drive over it on a four wheeler,” pertaining to the Harmony Way Bridge.

In your second statement, “No one owns it,” I merely ask that you answer the following questions, in writing. Have you ever heard of the White County Bridge Commission? Are you familiar with the names David Rice and Michael Spud Egbert in that regard? Are you familiar with an Act of Congress dated April 12, 1941 under 55 Stat. 140, which created the White County Bridge Commission and authorized the Commission, the current owners, to purchase the Harmony Way Bridge? Please be so kind as to answer these questions in writing so that the New Harmony Gazette can convey your answers to the People of New Harmony and Posey County, Indiana.

Your last statement was about the cost to update and reopen the Harmony Way Bridge at a cost of $41 to $50 million dollars. You confirm in a text message to me dated March 24, 2017, that this cost was your primary reason for voting “no” on the option of Posey County taking title to the Harmony Way Bridge on two separate occasions in 2014. You say it was from data on the engineer’s report which you have in your barn. According to all of the engineers reports, that I personally have in my possession currently, your comment has no basis in fact. This is the third time that I have requested the engineer’s report that you say you have, that proves your assertion regarding these inflated cost figures and was reported by you to the public on March 11, 2017. Please forward that engineer’s report to my attention at The New Harmony Gazette.

I understand that if I seek a copy of these records, there may be a copying fee. Could you please inform me of that cost prior to making the copy. I can be reached at 347-757-8142 and email at draybarton@gmail.com.

According to the statute you have 7 calendar days to respond to this request.

If you choose to deny the request, then you are required to respond in writing and state the statutory exception authorizing the withholding of all or part of the public record and the name and title or position of the person responsible for the denial.

Please comply and release these reports to the New Harmony Gazette, to my attention at:

The New-Harmony Gazette. Dan Barton, Publisher
P.O. Box 551
New Harmony, Indiana 47631

Thank you for your assistance in this matter,

Respectfully,
Dan Barton, Publisher ——————————————————————————————————————————

FOOTNOTES: As a post script to this Access to Public Records request: On Wednesday, May 24th, a letter was received by the New Harmony Gazette from W. Trent Van Haaften of the law firm Van Haaften & Farrar on behalf of the Board of Commissioners for Posey County Indiana, whom they serve.

It is a three page letter. So in this edition of the Gazette I will simply try to summarize Mr. Van Haaften’s thoughts and statements regarding the issue of the engineer’s report that Commissioner Schmitz claims that he has and which The Gazette has requested. —————————————————————————————————————————— In short, Mr. Van Haaften said: “An elected official, in their capacity does not fall within the definition of a “public agency.” “We are interpreting and responding to your request as if it were directed to the Board of Commissioners as a commission, although it appears the request is directed at an individual office holder.”

Mr. Van Haaften went on to say, “ …the Posey County Auditor serves as clerk of the county executive. This role includes maintaining the public records of the county executive (i.e County Commissioners).”

In addition he said, “In one instance of your correspondence you pose a question to Commissioner Schmitz and ask him to answer it in writing. Since this request is being directed at an individual officeholder, we do not interpret the request as being made to a “public agency” as defined by Indiana Code….”

However Mr. Van Haaften then stated, “Your correspondence does request an engineer’s report which you claim (actually Commissioner Schmitz claimed in his March text) is in the personal possession of Commissioner Schmitz. Again, we interpret the email correspondence directed at an individual officeholder as not being directed at a public agency as contemplated by Indiana’s Access to Public Records Act….”

We have asked the County Auditor to provide us with any engineering reports maintained on behalf of the Board of Commissioners, if in fact any such records exist. Once she has had an opportunity to search the public records we will advise you of the outcome.”

Finally, he further suggests, “Until such time, you may want to inquire of the Indiana Department of Transportation for information regarding studies of the Harmony Way Bridge. The Board of Commissioners for Posey County have not engaged or directed the study or preparation of any engineer’s for any purpose related to the Harmony Way Bridge. However, because of the State of Indiana’s involvement in the past with the bridge, a state agency such as INDOT may have created and/or are in possession of studies and reports relating to the Harmony Way Bridge.”

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So there you have it! The County Commissioners never engaged or directed an engineer’s study related to the Harmony Way Bridge. If they had or if a Commissioner had a copy of such a study it should have been turned over to and maintained by the County Auditor’s office for safekeeping. Mr. Schmitz has never produced the report that he claimed to have had and has not responded to emails, texts and letters from the New Harmony Gazette requesting a copy of the report. He has instead allowed the attorney for the County Commission to answer for him.

FOOTNOTE: The City County Observer posted this article without opinion, bias or editing.