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 Is it the job of David Lang to make public data available?

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Lady Hawk
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PostSubject: Is it the job of David Lang to make public data available?   Mon Jun 29, 2009 8:50 am

On May 13, 2009 a request for public data was made to City Clerk/Administrator Mr. David Lang for specific information of the EDA. Two of the requests were to see the Balance Sheet for the EDA and the Profit and Loss Statements for 2005 to 2008. It has now been almost 7 weeks and Mr. Lang has not produced the information. Numerous trips have been made to the city office for the requested information. Mr. Lang has repeatedly told me he was hoping to get that information to me soon.

On Friday the 19th of June at 2:00 p.m. I stopped in to see Mr. Lang in the city office and again he repeated "I hope to have all your requests in by next Friday." He said in the meantime I could look at the auditors statement. I told him I would look at it while I wait for the information that I am requesting.

I returned to the city office as per Mr. Langs request after 4:00 p.m the next Friday. Mr. Lang said he had the EDA minutes there for me to read and he pointed to 4 very large 3 ring binders. I told him it was to late in the day for me to do anything with it and said I would return on Monday morning to look at them.

The rest of the conversation went along these lines:
"What about the Balance Sheet and the Profit and Loss Statement?"
"I gave that to you in earlier in the audit."
"You gave me the audit to look at while I was waiting for the Balance Sheet and the Profit and Loss Statement."

"It's all in there."
"No it's not. The audit specifically states that they did NOT audit the EDA."
"Well, I'll have to talk with the auditor to see about getting the audit."

"Why are we talking about an audit. I didn't ask for an audit. I asked for the Balance Sheet and the Profit and Loss Statement of the EDA."
"Well, it's late and we'll talk about that next week."

These delays have been going on for months now. I see no point in going to the city council because they ignore my requests. I have made requests to the Ortonville City Council and they have not responded. Artie Arndt has written a letter to the Chamber and the City Council acknowledging that the City Council and the Chamber will ignore me and so far that seems to be the pattern.


Artie Arndt wrote:
I have also visited with several council members and chamber board members that feel it would be best if we just ignore the nonsense and not respond anymore to the letters.
See post March 16, 2009 Artie Arndt's letter to the Chamber Directors. Yo, Ho, Ho

One has to wonder what Mr. Lang and the others are trying to hide by not making public data available to the public.

_________________

Our citizens may be deceived for awhile, and have been deceived;
but as long as the presses can be protected,
we may trust to them for light.
- Thomas Jefferson


Last edited by Lady Hawk on Fri Aug 21, 2009 10:32 am; edited 1 time in total
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Lady Hawk
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PostSubject: Missing minutes of the EDA   Mon Jul 06, 2009 9:07 am

I posted very little on The Forums last week because I was busy going over the EDA minutes for 2006, 2007, and 2008.

Mr. Lang left the books for me to look over at the city office with no instructions. It would take numerous hours to view them. After standing at the counter for an hour one of the office help noticed that Mr. Lang had not provided a chair for me or a place to work. The counter at the city office is small and people came in and it was rather crowded. The office help graciously found me a chair and a space to sit and work. Mr. Lang appeared to have no interest in accommodating me while I looked over the books.

One couldn't help but notice the presence of Mr. Lang early in the office everyday that I was there. For the past few months when I have gone into the office to speak to Mr. Lang he was not in until later in the morning. However all last week Mr. Lang was in when I came in at 8:30 a.m.

After four days of looking over the books I informed Vicki Oakes that three meetings were missing. She said she would look into it. When I came back a few hours later two of the minutes were found and placed in the book but one of them was still missing. There was a note from Vicki Oakes that she would have to see Mr. Lang about the missing minutes.

It is interesting that the minutes for December were found but January were still missing. Is there some reason Vicki could lay her hands on the December minutes but the January were not in the same place even though they were the next meeting? Does it have anything to do with the decision that was to be made at that next meeting in January?

_________________

Our citizens may be deceived for awhile, and have been deceived;
but as long as the presses can be protected,
we may trust to them for light.
- Thomas Jefferson
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Zorro
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PostSubject: Re: Is it the job of David Lang to make public data available?   Mon Jul 06, 2009 6:46 pm

I discovered early in my adult life that if I had to hide something -- from someone or from everyone -- it probably wasn't a good idea to be engaged in it. I later discovered that there are really only three reasons people hide things -- they know it's WRONG, or they lack the courage to stand and face life, or they are cheating/stealing. Hiding things isn't a redeemable action, really.
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mouthpiece
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PostSubject: Being Polite is the Key   Wed Jul 08, 2009 9:27 am

I also recently went up to the city offices to examine documents with LadyHawk and was also treated rudely by the City Clerk.

As the rest of the staff was congenial and polite, I pointed out to Mr. Lang that I had a velo-bind machine and the documents we were requesting could be easily re-bound. This had been a previous concern of Mr. Lang.

He snapped back that he did not have time and was just rude. I was sitting in the middle of the clerk's office and the feeling of being awkward was at best disingenous of Mr. Lang. I verify the feelings of Ladyhawk in this regard.

Mr. Lang takes his time in producing these documents and when we showed up it was a three-ring circus.

I know that Mr. Lang does not like me, but a good public servant needs to serve the public instead of making his job easier.

When the experience was over I felt like I had disrupted Mr. Lang's busy schedule and that I was a burden. He treated me as if I had no right to the information and I felt like it was wrong for me to look at public documents.

Mr. Lang needs to make changes and his efforts to delay the production of the documents and make it difficult to examine the documents really demonstrates that we can do better in Ortonville.

If he treats me this way, How will he treat a new business interested in the area? Maybe I represent the new business looking at Ortonville. That is the nature of my business!
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Zorro
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PostSubject: Re: Is it the job of David Lang to make public data available?   Wed Jul 08, 2009 12:41 pm

No one can make you feel inferior without your consent. -- Eleanor Roosevelt

Intimidation is a cheap tactic. Full steam ahead!

Perhaps this individual would not be as aggravated with you and Lady Hawk if you would simply bug out and let "them" run the city the way "they" see fit. All this democracy and obeying open meeting laws and accountability ... it's so passe, isn't it?

NOT!

It's one thing not to have the time to be accountable to the public up front in actions...it's another to withhold and stall after that fact.
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LittleDeb
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PostSubject: Just my opinion   Sat Jul 11, 2009 10:17 am

How do you know these are the "true" books? One can delete what one doesn't want shown. Maybe that's why it's taken so long to get them.
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Lady Hawk
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PostSubject: Missing Eahtonka minutes?   Tue Jul 14, 2009 7:52 am

LittleDeb wrote:
How do you know these are the "true" books? One can delete what one doesn't want shown. Maybe that's why it's taken so long to get them.


A good point LittleDeb. Let's see what we have so far.

Last week on Tuesday Mr. Lang informed me that they would make copies for me on Tuesday or Wednesday this week. Mr. Lang made me that promise knowing full well that he was going to be gone this week. This is a trip he has been planning for months. Now I show up to get my copies and he isn't there? Now I have to wait another week? Oh boy

In the meantime what are we finding? Well, the EDA minutes of Dec 19, 2007 and Jan 10, 2008 are missing. I informed Vicki Oakes of that fact and she said she would look into it. A few hours later I returned to the city office and Vicki Oakes had placed the minutes for Dec 19 in the book but left me a note that she would have to talk to David about the Jan 10 minutes. haveuheard

There were two things of interest in the minutes of 12/19/07. The first one being in the agenda it states that the Eahtonka was discussed. (It was written in by hand.) In the agenda section of the minutes it states that the Eahtonka would be discussed. However, NO WHERE in the minutes is the Eahtonka discussed. So, what are we to think? Vicki is informed that minutes are missing. Vicki goes back to her private office. On Computer Vicki gets on her computer. Now we have the minutes. What could possibly be the reason that the Eahtonka is not discussed in the minutes? whistle

_________________

Our citizens may be deceived for awhile, and have been deceived;
but as long as the presses can be protected,
we may trust to them for light.
- Thomas Jefferson
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nascargirl
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PostSubject: Copies   Wed Jul 15, 2009 8:22 pm

Were you charged for copies of what you requested?
Just curious.

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Lady Hawk
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PostSubject: How much will Mr. Lang charge for "Public Data?"   Fri Jul 17, 2009 8:42 am

The price for copies is still vague. money In the first place Mr. Lang has to approve the copies that I want. So again I wait another week for Mr. Lang to come back and approve them. In the city office before Mr. Lang wrote up the "new" policy one could walk in to the city office and ask for the information and it would be handed over to you. Now Mr. Lang has to "approve" it.

I asked Mr. Lang how much it would cost me to get the copies and the conversation went something along these lines.

"How much will it cost to make copies?"
"The cost is listed on page 5."

"It says you can charge me .25 cents per page and $30.00 per hour. Is there going to be a $30.00 per hour charge for this?"

"We are allowed to charge a fee of $30.00 per hour."

"Are you going to charge me a $30.00 per hour fee?"
"I won't know what we are going to charge you until we have the information and see what it takes."

I can't get a straight answer out of him.

Here is the link to the page in the city policy which lists the charges. Page 5

I also happened to notice at the end of the page that little comment about how they can also charge for data that has "commercial value." I wonder how he is going to interpret that? poker

_________________

Our citizens may be deceived for awhile, and have been deceived;
but as long as the presses can be protected,
we may trust to them for light.
- Thomas Jefferson
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Zorro
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PostSubject: Re: Is it the job of David Lang to make public data available?   Sat Jul 18, 2009 7:37 am

Over the years that my office provided copies of public records on request, we also had an option of charging for them. We never did so unless assembling them cost considerable time -- as in, more than one day of labor by one person, or more than 500 pages of copies. In those cases, we might charge only for the copies - usually only what it cost us to produce them, not the full amount allowed (4 cents, not 30 cents, AFTER the first 250 pages), and if it took more than a full day to search for and assemble them (it's the finding and organizing, not the copying itself, that takes time), we would charge about $100 a day AFTER the first full day, up to $200. I don't remember ever charging more -- they are, after all, public records, and public servants are employed in part to provide them. It is CORE work, not extra or above and beyond. The fees we charged were rarely assessed to anyone, and only when the expectation was a difficult one, like, "Find me everything you have on replacing light bulbs." In nearly every case I can recall, with maybe one or two exceptions, those charged were doing legal research and we were engaged in performing research, as well, not JUST COPYING!

Second point, we always were clear with the requestor at the outset whether they would be charged, with a caveat that we may waive it if the work was less than we anticipate. But the customer has a right to know the threshhold of what will trigger charges -- in our case, it was normally more than 250 pages, and/or more than 8 manhours of assembling and copying. That's a basic common courtesy. Uncertainty as to final cost, if any, is one thing -- intimidating or rude vagueness is another.
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nascargirl
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PostSubject: Copies   Sat Jul 18, 2009 9:28 pm

I agree with Zorro's post - when I have requested copies from various sources, they usually tell you up front the cost. Research is one thing, making copies is another thing.
.
Wonder what they would charge per copy if you brought your own paper? money
.
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Lady Hawk
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PostSubject: The price of copies?   Sun Jul 19, 2009 8:26 am

I told Mr. Lang that I could bring in my own copier to make the copies. He refused to allow me to do that. It is doubtful that he would allow me to bring any paper either. No

_________________

Our citizens may be deceived for awhile, and have been deceived;
but as long as the presses can be protected,
we may trust to them for light.
- Thomas Jefferson
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nascargirl
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PostSubject: Copier/Paper   Sun Jul 19, 2009 4:47 pm

Lady Hawk -- You are very inventive! You certainly were giving the City the opportunity to save employee's time and money.

Maybe they didn't want to figure out how much to charge you for the electricity you would use?

Good luck in your quest.

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Lady Hawk
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PostSubject: Delays on requesting public data with PDF files.   Wed Aug 05, 2009 10:06 am

Last week Mr. David Lang informed me that he would have “most” of my long delayed requests for public data on Monday. I came into the city office on Monday afternoon and Mr. Lang laid a single piece of paper on the counter for me. It informed me that my request for the city council reports would be available on next Friday. This is the most recent request and ignores the other requests including some that are over 9 weeks old.

I had suspected that Mr. Lang was going to attempt to charge me as much money for the documents that he could. He was alluding to the fact that he could charge me .25 cents a copy and up to $30.00 (or more) for the time it took to produce them. In an effort to save time and money I requested that the city give me electronic copies. The city already has the documents on a computer and I gave the city a flash drive and requested that the documents be transferred to the flash drive thereby saving the cost of paper copies and the person to take the time to make them. It was a win-win for both of us.

On Monday Mr. Lang then informed me that he would have to talk to “someone” (he never identifies who he is consulting) about having the documents being changed to PDF files. He stated that PDF files are more secure and they don’t want city documents going out and having people change them and publishing them and stating that the changed documents are the “official” documents.

I respectfully pointed out to Mr. Lang that anyone could take the PDF and print it and scan it back into the computer and alter it if they wanted. Changing the files to PDF is not any more secure than a Word Document. Mr. Lang stated that he wasn’t going to argue technical’s with me and he had to go.

I wrote a complaint to the City Council and read it to them at the meeting that night (8/3/09) It appears to me that Mr. Lang is using this as an excuse to gouge me by charging me $30.00 and hour to have some office worker take the time to change every document I want into a PDF file.

Below is my letter to the City Council.
Letter to the Mayor and City Council.

Considering that it is not I who has a problem writing incorrect minutes for the City Council I find Mr. Lang’s fear of someone altering documents ridiculous. The city is the keeper of the original documents. If anyone were to produce altered documents then all one has to do is to go to the city and see the originals. It would discredit the person who produced the altered document. It is illogical. There is no gain or benefit to the city to make these files PDF. All it will do is cost time and money which will delay even further my request for documents and cost me more.

_________________

Our citizens may be deceived for awhile, and have been deceived;
but as long as the presses can be protected,
we may trust to them for light.
- Thomas Jefferson
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Lady Hawk
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PostSubject: What do you know about bookkeeping. Profit and Loss is the same as an Audit   Wed Aug 05, 2009 10:40 am


The morning after the city council meeting I again went to the city office because Mr. Lang failed to address when he would produce the other documents that I have requested. MR. Lang was in the front Office when I arrived and I told him I would like to find out when I would be receiving the other documents. My first request Mr. Lang informed me that he had already complied with. In fact he did give me part of what I requested but I was still waiting for the Profit and Loss Statement and the Balance Sheet for the EDA. The conversation followed along on these lines:

“I gave that to you in the Audit.”
“It wasn’t in the Audit.”

“It is the same.”
“Are you saying that a Profit and Loss Statement is the same thing as an Audit?”

Mr. Lang said condescendingly, “Penny do you know anything about bookkeeping? What do you know about these things. I can’t explain them to you.”

“Are you saying that a Profit and Loss is the same as an audit?”

At this point a man came in with a question and as I didn’t want to discuss this in front of him I told Mr. Lang he could wait on him. After answering the man's question I again pressed Mr. Lang for an answer.

“Mr. Lang are you saying that a Profit and Loss is the same as an Audit.”
“ A Profit and Loss is a kind of Income Statement.”

“First we were talking about Profit and Loss Statements and Audits and now you add an Income Statement. Mr. Lang this is a clear yes or no question. Is a Profit and Loss Statement the same as an Audit.”

“I have to go, I don’t have time for this.” Mr. Lang proceeded to turn away from me and walk back to his office.
“Mr. Lang you have not answered my first question. When will I get to see the Profit and Loss Statement?”

Mr. Lang replied with his back to me as he walked away, “I’ll have to talk to the accountant.”
“Mr. Lang who is the accountant for the EDA?”

At this point Mr. Lang stopped short of entering the hallway and turned frustratedly to me and said, “You know, if you read the stuff I gave you already you would know who it is.”

“The Audit you gave me specifically stated that they did not audit the EDA. Who is the accountant for the EDA? That is a straight forward question.”
“Well, that’s who it is.”

“Are you saying the accounting firm of Allen who made the audit is also the accountant for the EDA?”

“Yes.” Then Mr. Lang again turned into the hallway and walked away.
“Thank you Mr. Lang for answering my question.”

I wonder why, if the accounting firm who made the city audit is the same one who does the accounting for the EDA, they didn't audit the EDA books in the city audit? Can an accounting firm audit books that they are keeping? This answer only makes more questions.

In retrospect I thought about how Mr. Lang attempted to ridicule my intelligence by questioning what I knew about bookkeeping practices. In truth that was not a proper question for the City Clerk to ask. Any citizen may ask for documentation and it is not the business of the City Clerk if they know how to read it or not. Didn't Mr. Arndt make comments that people were not intelligent enough to understand the stuff and they should just let the elected leaders make the decision? This thought might evidently permeate deep into the city government. Make the people feel stupid. I wonder if he got that idea from Mr. Lang or did Mr. Lang get the idea from Mr. Arndt?
Nonresidents Welcome?

As a point of record I had been making requests of Mr. Lang for some time and he was responding to my requests. The information was interesting but not useful. At the time I didn’t know what to look for. I went to someone who knew about such things and asked what I should be asking for. That person is the one who told me to ask for the Balance Sheet and the Profit and Loss Statement. When I made that request from Mr. Lang then the well dried up and now it has been over 9 weeks and he still has not produce the documents. Evidently I hit a target. You see, it doesn’t matter if I know how to read a document. There are others who can.

I called the City office later that afternoon to ask Mr. Lang if we could make an appointment to discuss these issues and was informed that Mr. Lang left the office and wouldn’t be back till possibly Thursday afternoon. That is the same schedule he had last week. He was out until Thursday afternoon. How do I get a job where I am paid not to be there?

_________________

Our citizens may be deceived for awhile, and have been deceived;
but as long as the presses can be protected,
we may trust to them for light.
- Thomas Jefferson
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Is it the job of David Lang to make public data available?

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