Local politics, the county, and the world, as viewed by Tammy Maygra

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St. Helens City Hall

Letter To the D.A. From Tammy Maygra

RE: City Budget & Freedom of Information Request

 

 Dear Mr. Joshua Pond

 I am writing to you again with issues regarding the City of St. Helens. There are two, I am most concerned with.

Firstly, we will begin with the city’s final and approved budget. The city has presented to the public a final budget which is frankly illegal. They have listed in their budget costs and cost savings. They have listed wage freezes and COLA reductions or no COLA period. The city has not ever talked, met, or discussed these numbers or reductions with the union. So how can the city move forward with a final approved legal budget when the numbers they are putting out to the public which are FALSE Frankly they are downright lying to the taxpayers.

I would request from you that you directly get involved in this charade and take immediate action against the city of St Helens for fraud.

Second complaint The D.A. is required to address under ORS. 192.420 and ORS 192.234 Section 5 a. and b.. The city finds it without difficulty and at ease to ignore public record requests. These said requests are now approximately 18 months old to presently, in response from the initial request. Several people have filled out the required paper work, paid the fee, and followed all requirements of obtaining a public document. And yet the city ignores the requests.

Governed by Oregon Revised Statute (ORS) Chapter 192

ORS 192.420 grants every person the right to inspect any nonexempt public record

In Oregon, public bodies are required to acknowledge receipt of a public records request within 5 business days. They must also respond to the request, either by providing the records or a timeline for their availability, within 15 business days, if practicable. If a response within 15 business days is not feasible, the public body should provide a reasonable estimated completion date.

The city has only acknowledged that they received a request. They have deliberately ignored the requests over and over.

 ORS 192.234  section 5 a. and b.

As soon as reasonably possible but not later than 10 business days after the date by which a public body is required to acknowledge receipt of the request under ORS 192.324 (Copies or inspection of public records), a public body shall:

(a)

Complete its response to the public records request; or

(b)

Provide a written statement that the public body is still processing the request and a reasonable estimated date by which the public body expects to complete its response based on the information currently available.

The city of St. Helens has blatantly ignored and denied access to public records; the requests are not a burden for the city to present nor do the requests fall under any exemptions. Many of the requests are a few pages. This issue has been brought up numerous times in the last 18 months, in the city’s regular meetings under public comment. And still the city has ignored the requests and complaints. Citizens have contacted the custodian for public records and again nothing.

The burden, the attempt to freeze out the citizens in participating in their government, It should not regress to the point where a citizen has to obtain legal counsel and file a costly suit for the right to obtain a few public documents.  Although a lawyer has gone that far and still crickets from your office. The city is attempting to hide information which they do not want the general public to know is beyond disturbing, it has developed into a fascist form of government. The city is intentionally ignoring record requests.

 This issue has been brought to your attention several times, and you have not had the courtesy to acknowledge or correspond with any of the citizens over the grievances.

Obtaining public records, participating in the workings of OUR government is a right which the Constitution of this great land enables the ordinary citizen to do, WE THE PEOPLE. It should not regress to the point that a citizen has to obtain legal counsel and file a costly suit for the right to obtain a few public documents.

The actions of the city only substantiates the fact that the city is withholding information for a reason, either a. to hoodwink the citizens or b. hide possible illegal actions.

As D.A. you have been entrusted to follow and enforce ORS’s. on all parties, including city government. Why should a taxpayer have to jump through these unnecessary steps below, when all it would take would be a short correspondence from you to the city to release the public records to everyone who has followed the correct procedure and the records which fit the criteria as a regular public record.

The appeal process typically involves filing a "Petition for Public Records Order" with the appropriate office. (Attorney Steve Toschi has already done this and you have ignored him as well.)

The petition should include the agency's denial, any relevant correspondence, and a description of the records requested.

The Attorney General or District Attorney is required to act on the petition within a certain timeframe, usually seven days, and can order the release of records or uphold the agency's denial. They can also impose penalties on public bodies for failing to respond or causing undue delay

I hope you will take the appropriate steps and address these two very basic and important issues. I am eagerly waiting for your reply.

 

Thank you for your time,

Regards,

Tammy Maygra

tammymaygra@outlook.com

 

 

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