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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draft, a telephone messaging slip, a routing slip, part of a stock of publications or of preprinted forms, or a superseded publication.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/>