Public Records Request / City Manager memo 8/16/10PLEASE CONFIRM RECEIPT VIA REPLY EMAIL WIT AN ANTICIPATED DATE OF
COMPLIANCE / PRODUCTION:
________________________________
Folks, I appeared in person and expressed concerns regarding
the above and requested I be notified of the results of any
investigation into this matter. Is there some reason you as a group and
/ or your staff intentionally ignored my request for a "public record" ?
In fact, is there any reasonable disagreement that the memo in question
is directly relevant to the subject matter of my inquiry and also
qualifies as a public record under:
2-6-401. Definitions. For the purposes of this
part, the following definitions apply:
(1) "Local government" means:
(a) any city, town, county, consolidated
city-county, or school district; and
(b) any subdivision of an entity named in
subsection (1)(a).
(2) (a) "Public records" includes:
(i) any paper, correspondence, form, book,
photograph, microfilm, magnetic tape, computer storage media, map,
drawing, or other document, including copies of the record required by
law to be kept as part of the official record, regardless of physical
form or characteristics, that:
(A) has been made or received by any local
government to document the transaction of official business;
(B) is a public writing of the local government
pursuant to 2-6-101 <http://data.opi.mt.gov/bills/mca/2/6/2-6-101.htm>
(2)(a); and
(C) is designated for retention by the local
government records committee established in 2-6-402
<http://data.opi.mt.gov/bills/mca/2/6/2-6-402.htm> ; and
(ii) all other records or documents required by law
to be filed with or kept by any local government in the state of
Montana, except military discharge certificates filed under 7-4-2614
<http://data.opi.mt.gov/bills/mca/7/4/7-4-2614.htm> .
(b) The term includes electronic mail sent or
received in connection with the transaction of official duties.
(c) The term does not include any paper,
correspondence, form, book, photograph, microfilm, magnetic tape,
computer storage media, map, drawing, or other type of document that is
for reference purposes only, a preliminary draft, a telephone messaging
slip, a routing slip, part of a stock of publications or of preprinted
forms, or a superseded publication.
(3) "Records custodian" means any individual
responsible for the proper filing, storage, or safekeeping of any public
records.
I hereby request: a) copies (digital) of or b) access to all public
records relating to or arising out of:
1) R 4941;
2) R 4990;
3) R 5051 ?
4) the current controversy with the Red Eagle lease that began this
summer and Ms. Howington's investigation into the facts that comprise
her memo of 8/16/10;
5) the negotiation of the lease terms and all previous drafts of
leases considered prior to or at the time of the lease execution;
This request is to be broadly construed and is intended to include all
all records, including email of all staff (Leisteko, Howington and
anyone else having any involvement in these issues) and whether
retained on city servers or in personal email accounts)
Or advise me of when and where I might personally examine these
documents myself. Thank you.
____________________________________________
JAMES H. (JIM) COSSITT, ATTORNEY & COUNSELLOR AT LAW
Board Certified, Business & Consumer Bankruptcy Law, American Board of
Certification
JAMES H COSSITT, PC | 40 2ND ST E STE 202 | KALISPELL MT
59901-6112 | | * Tel: 406-752-5616 (Mountain) | * E-mail:
jhc@cossittlaw.com | * Internet: www.cossittlaw.com
<http://www.cossittlaw.com/>
Your use of and response to this email constitutes your agreement that
the Montana Uniform Electronic Transactions Act, sec. 30-18-101, et
seq., MCA, governs the effect of these communications. This email: 1)
is not intended to serve as legal advice; 2) does not create an attorney
/ client relationship; 3) may contain confidential information. If
you received this in error, please delete it and contact us by reply
email so we may correct our address record.
<http://www.cossittlaw.com/>