FROM: JOE SLOCUM A PARTIAL EMAIL DATE 10/18/11, TOO MUCH RHETORIC TO POST ALL.
To comply with your request and to get you copies of "all storm water draining channels throughout Belfast" ,would I estimate take at least 30 to 40 hours of work across all of these various Departments and potentially more. A single copy of a single page of a 26 X 36 blue print map could cost $5 to $10 a page to reproduce at County Copy. Imagine for a moment how many pages of blueprints there are relating to the development of the MBNA properties.
The law requires us to give you access to information but we are also allowed to charge you for the search work it will take to meet your request and the copying cost we will incur to comply with your request. I am forwarding you some more information on the legitimacy of these charges that is directly copied from a work book for Maine municipalities that was written to legally guide us in the application of these State laws.
If after reviewing this communication you still want me to locate and provide you with a copy of "all storm water draining channels in the City" then I will first ask you to provide the City with $250 in advance to cover the anticipated minimum hours at $10 an hour and copies at actual cost. I estimate that it will take about 30 days to complete but I would have to update that estimate after we actually do 10 hours of work. I am sorry that we just do not have a comprehensive record of all of this in one place that is nicely organized but we don't. That is a reflection of years of effort by many different people with many different styles under a broad variety of conditions.
Your request is the broadest request this City has seen in the 4 years that I have been here. I will copy the City Council on this communication so they can better understand your needs and our capabilities.
You can indeed narrow your request but in truth we will likely need to look in quite a few places to make sure we get you the "All" you require. I welcome anything that you could do to narrow this request. For example do you really want information on the East Side of Belfast in as much as your home is on the West side? We have no secret documents here. Anything you can do that would narrow this request would help us all.
We will await hearing from you before commencing this search.
Thank you
Joe Slocum
_______________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________
To citymanager@cityofbelfast.org, ward1councilor@cityofbelfast.org, mayor@cityofbelfast.org
| From: | Integrity |
| Sent: | Wed 10/26/11 3:12 PM |
| To: | citymanager@cityofbelfast.org; ward1councilor@cityofbelfast.org; mayor@cityofbelfast.org |
Marina, Mayor Ash, Mr. Slocum,
I want the storm water channel maps that drain into the culvert at the end of my stream at Northport Ave., and WCGH.They are the maps that should have been provided on my first request for this information on 5/5/11. I am requesting for these fees to per waived per The Right to Know Act FAQ;
Sincerely,
Integrity
Date: Tue, 18 Oct 2011 12:40:53 -0400
Subject: Fwd: Public Records Doc
From: citymanager@cityofbelfast.org
To: Integrity
CC: councilors@cityofbelfast.org
Ms XXXX,
Here is the excerpt from the City Clerks Manual on the charges associated with having government employees search through public records and copy records when requested from the public. Obviously if the records were readily available there would be no need to search for them and all we would be addressing is the copying cost. I hope this is helpful.
Sincerely,
Joe Slocum
I want the storm water channel maps that drain into the culvert at the end of my stream at Northport Ave., and WCGH.They are the maps that should have been provided on my first request for this information on 5/5/11. I am requesting for these fees to per waived per The Right to Know Act FAQ;
I cannot afford to pay the fees charged by the agency or official to research my request or copy the records. Can I get a waiver?
The agency of official may, but is not required to, waive part or all of the total fee if the requester is indigent, or if release of the public record is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of government and is not primarily in the commercial interest of the requester. 1 M.R.S.A. § 408 (6)Sincerely,
Integrity
Date: Tue, 18 Oct 2011 12:40:53 -0400
Subject: Fwd: Public Records Doc
From: citymanager@cityofbelfast.org
To: Integrity
CC: councilors@cityofbelfast.org
Ms XXXX,
Here is the excerpt from the City Clerks Manual on the charges associated with having government employees search through public records and copy records when requested from the public. Obviously if the records were readily available there would be no need to search for them and all we would be addressing is the copying cost. I hope this is helpful.
Sincerely,
Joe Slocum
Joseph J. Slocum
Belfast City Manager
f) 207.338.2419
****RIGHT JOE- IF WAYNE SENT ME A COPY OF THE ORIGINAL WALL MAP LIKE HE AGREED TO DO THEN I STILL WOULDN'T BE PAINFULLY TRYING TO GET IT 6 MONTHS LATER. I SUPPOSE YOU WERE TOO ARROGANT TO THINK I WOULD KNOW THAT THIS MAP PROVED HOW ILLEGAL YOUR PRACTICES ARE. SOMETIMES PEOPLE BECOME ACCUSTOMED TO BRUTAL TREATMENT BUT WHEN NEW EYES ENTER, THE CORRUPTION IS BLINDING AND ABSOLUTELY CANNOT BE TOLERATED ANYMORE ______________________________________________________________________________
After months of begging for MFOIA Brenda Kielty to have the viewing witnessed by a credible source, she sends me back to the the very man and woman corrupting and with holding all evidence. City Planner Wayne Marshall and Patricia Aho, Commissioner, DEP (currently under investigation for department wide corruption.)
Never got even a howdie-doodie from this Rose Smith, Exec. Sec. for Attorney General.
This request is bare bones- my first request was the start of the corruption in 4/2011 when I asked for the full history and development of Seaview Terrace to Wayne Marshall. Slam the front door- bury the documents- Wayne will break this woman in no time flat. Torture her- she is already beat up. He brings in DPW Bob Richards- big family history. The Richards are throughout Belfast- his Dad the fire chief since the invention of the Bic. Have all those requests to Wayne- denied in writing(fool)- will post those on another page later.
________________________________________________________________________________
| From: | Kielty, Brenda (Brenda.Kielty@maine.gov) This sender is in your contact list. |
| Sent: | Tue 3/26/13 10:03 AM |
| To: | 'LAURIE ALLEN' (laurieallen55@msn.com) |
Ms. Allen,
Your concerns were
reviewed by this office. It was determined that this is a DEP matter and
any recourse that you may seek should be directed to that agency.
Thank you,
Brenda Kielty
_______________________________________________________________________________
From: Brenda.Kielty@maine.govTo: laurieallen55@msn.com
Subject: RE: FOAA inquiry
Date: Fri, 1 Mar 2013 18:22:16 +0000
Ms. Allen,
The Executive
Secretary to the Attorney General, Rose Smith, will be in touch with you
after attorneys in the office have reviewed your complaint.
According to
counsel for the City, any requests for documents have been fully
responded to. I understand that there are questions you want the City to
answer, but the FOAA does not require a response to these
questions.
Brenda Kielty
_________________________________________________________________________________
| ||||||||||||||||||
Outlook Active View
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Your email does not answer the next step in the refusal to provide specific response for specific documents. Presenting enormous manipulated files are not acceptable, been there, done that, more corruption. What is the next step for improper denial and credible corruption. Clearly, Wayne Marshall chose to stop recording the final approved site plans in the Waldo County Deeded Registry to with hold from the public. I have been unable to get any true documents for approved final site plans and conditions for two years. The refusal to commit in writing to this simple basic request is cause for improper denial. Does this go to the Attorney General, Superior Court, what is the process?
Sincerely,
Laurie Allen
_______________________________________________________________________________
3/13/13 email to Brenda Kielty, MFOIA Attorney General Office
| From: | LAURIE ALLEN (laurieallen55@msn.com) |
| Sent: | Wed 3/13/13 9:34 AM |
| To: | brenda.kielty@maine.gov (brenda.kielty@maine.gov); LAURIE ALLEN (laurieallen55@msn.com) |
| Cc: | ward1councilor@cityofbelfast.org (ward1councilor@cityofbelfast.org); ward2councilor@cityofbelfast.org (ward2councilor@cityofbelfast.org); ward3councilor@cityofbelfast.org (ward3councilor@cityofbelfast.org); ward4councilor@cityofbelfast.org (ward4councilor@cityofbelfast.org); ward5councilor@cityofbelfast.org (ward5councilor@cityofbelfast.org); mayor@cityofbelfast.org (mayor@cityofbelfast.org); planner@cityofbelfast.org (planner@cityofbelfast.org); citymanager@cityofbelfast.org (citymanager@cityofbelfast.org); assessor@cityofbelfast.org (assessor@cityofbelfast.org) |
| Bcc: | wabi@wabi.tv (wabi@wabi.tv); don.carrigan@wcsh6.com (don.carrigan@wcsh6.com); bholbrook@courierpublicationsllc.com (bholbrook@courierpublicationsllc.com); news@penbaypilot.com (news@penbaypilot.com); news@pressherald.com (news@pressherald.com); acurtis@bangordailynews.com (acurtis@bangordailynews.com) |
1 attachment (374.3 KB)
March 12, 2013 Ltr to Allen.pdf
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Dear Ms. Kielty,
The letter attached and dated 3/12 from Wayne Marshall is not acceptable. This refusal to commit in writing that the specific document/documents are ready for viewing is the corruption. I have explained previous "viewings" for specific final approved site plans that were never provided, instead handing over files- specifically the CASS file with every storm water document removed and the final approved site plan which would have listed the snow removal conditions and shown the exit of stormwater from the CASS fenced in detention area behind the Sweetser School is not on the final approved plan. Supported by the DEP Tom Gilbert's false investigating of that exit- it was not included in his report and the number one request from me to investigate. This can go on and on, another smokescreen tactic. Wayne Marshall stopped recording the final approved site plans in the Waldo County Deeded Registry to with hold and corrupt information as I haven proven many times.
Without written confirmation that the specific document is available, it is impossible to prove " improper denial with credible evidence". It is absolutely within reason and ease to provide these specific requests. Since Wayne Marshall cannot manage the entire request, I will make several viewings with Bob Whitely, Tax Assessor. He is the only one that is trustworthy and knowledgeable to verify that is a City Official. Having the specific authentic documents available will require less than 15 minutes per viewing. The CASS and WCGH Annex requests will be the first viewing and should be available immediately- Wayne has them in his office. Requests will go in order of priority which coincides with development year, newest to oldest. The next would be Mid Coast Mental Health, Tall Pines Nursing and Volunteers of America on Congress St.
This is the Belfast Ordinance for Final Plans and be presented in entiretyec. 90-102. - Required information and format. Sent to Ms. Kielty
Please have Wayne Marshall Confirm in My Specific Language that the following is available for the first viewing, copying Brenda Kielty in response to this specific email by simply stating available for viewing with Bob Whitely on ?date at ?time in Bob's office:
1. Final Approved Site Plan for CASS/Sweetser (old Robertson School- this was slated for demolition in preliminary plans- final approved plans will include Robertson aka Sweetser School)- including the conditions to remove plowed snow and the exits of stormwater for the CASS fenced in detention area. (Satisfying 1 and 1A in request below) State ready for viewing with Bob Whitely and state date and time for viewing. I am available 24/7.
available for viewing with Bob Whitely on ?date at ?time in Bob's office: 2. Per the WBRC Document provide #6 - step 1- all documents pertaining to drainage study, implementation and results, and all funding parties and complete financial accounting of fees for study to present day. Step 2- Provide final approved plans showing runoff redirectment with subcatchment 3S , identifying original planned path which flowed under Congress to the new Study Point 3 stream to the Belfast Harbor. This is saying there are 2 streams- the plans must identify both path of each stream to the harbor.(for clarity I will list this one as #17 to take off the list after provided) State ready for viewing with Bob Whitely and state date and time for viewing. I am available 24/7.available for viewing with Bob Whitely on ?date at ?time in Bob's office: 3. Final Approved Site Plan for WCGH Annex 119-125 Northport Ave. (Satisfying 2 in request below) State ready for viewing with Bob Whitely and state date and time for viewing. I am available 24/7.available for viewing with Bob Whitely on ?date at ?time in Bob's office:
Sincerely,
Laurie Allen
**Response from Ms. Kielty to above;
Date: Wed, 13 Mar 2013 14:13:38 +0000
Ms. Allen,
The inspection of
public records may be scheduled during reasonable office hours and at a
time that will not delay or inconvenience the regular activities of the
official having custody or control of the public
record requested. You may contact Mr. Marshall’s office directly to
schedule inspection of the records that are responsive to your request.
Mr. Marshall asks that you allow three days of notice. You have demanded
that a specific public official, the tax assessor,
be present for your inspection. While you may make such a request, the
allocation of staff for responding to a FOAA request is a determination
to be made by the agency or official having custody of the records.
Your next step is to let Mr. Marshall’s office know when you want the inspection to occur.
Brenda Kielty
My response to Ms Kielty (cc to Council, Manager, Planner, Media)
Ms. Kielty,
Please do not be offended but vague responses allow for the continuing corruption of public documents by the City of Belfast. Refusal to commit to this simple specific request below will prove credible corruption and improper denial. Please support request specifically and require specific response from Wayne Marshall. Thank you.
Without written confirmation that the specific document is available, it is impossible to prove " improper denial with credible evidence". It is absolutely within reason and ease to provide these specific requests. Since Wayne Marshall cannot manage the entire request, I will make several viewings with Bob Whitely, Tax Assessor. He is the only one that is trustworthy and knowledgeable to verify that is a City Official. Having the specific authentic documents available will require less than 15 minutes per viewing. The CASS and WCGH Annex requests will be the first viewing and should be available immediately- Wayne has them in his office. Requests will go in order of priority which coincides with development year, newest to oldest. The next would be Mid Coast Mental Health, Tall Pines Nursing and Volunteers of America on Congress St.Please have Wayne Marshall Confirm in My Specific Language that the following is available for the first viewing, copying Brenda Kielty in response to this specific email by simply stating available for viewing with Bob Whitely on ?date at ?time in Bob's office:
1. Final Approved Site Plan for CASS/Sweetser (old Robertson School- this was slated for demolition in preliminary plans- final approved plans will include Robertson aka Sweetser School)- including the conditions to remove plowed snow and the exits of stormwater for the CASS fenced in detention area. (Satisfying 1 and 1A in request below) State ready for viewing with Bob Whitely and state date and time for viewing. I am available 24/7.
available for viewing with Bob Whitely on ?date at ?time in Bob's office:
2. Per the WBRC Document provide #6 - step 1- all documents pertaining to drainage study, implementation and results, and all funding parties and complete financial accounting of fees for study to present day. Step 2- Provide final approved plans showing runoff redirectment with subcatchment 3S , identifying original planned path which flowed under Congress to the new Study Point 3 stream to the Belfast Harbor. This is saying there are 2 streams- the plans must identify both path of each stream to the harbor.(for clarity I will list this one as #17 to take off the list after provided) State ready for viewing with Bob Whitely and state date and time for viewing. I am available 24/7.
available for viewing with Bob Whitely on ?date at ?time in Bob's office:
3. Final Approved Site Plan for WCGH Annex 119-125 Northport Ave. (Satisfying 2 in request below) State ready for viewing with Bob Whitely and state date and time for viewing. I am available 24/7.
available for viewing with Bob Whitely on ?date at ?time in Bob's office:
Sincerely,
Laurie Allen
______________________________________________________________________________________________
Sincerely,
Laurie Allen
______________________________________________________________________________________________
Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties.
The court then went on to use yet another definition, "malfeasance is the doing of an act which an officer had no legal right to do at all and that when an officer, through ignorance, inattention, or malice, does that which they have no legal right to do at all, or acts without any authority whatsoever, or exceeds, ignores, or abuses their powers, they are guilty of malfeasance."
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