M E M O R A N D U M 05-158

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: OCTOBER 4, 2005

SUBJ: GRISWOLD APPEAL TO THE CITY MANAGER'S RECORD REQUEST DENIAL

Frank S. Griswold requested free inspection of all of the City Attorney's letters/faxes/opinions regarding Planning and Zoning matters and all Conflict of Interest Issues, issued between January 1, 1990 and the present. This was received in the City Clerk's Office on June 14, 2005 and the City Manager denied this request pending consultation with Mr. Griswold. There was additional correspondence between the City Manager and Mr. Griswold. Mr. Griswold made an amended records request on July 2, 2005 and the City Manager approved that request.

City Manager Wrede denied inspection of certain records that were Confidential, Attorney/Client Privilege, Not released by the Council and/or Not Relevant to the record request. The City is required to provide 5 free hours of research/production work in a month per request. Staff was able to produce records only through 1992 plus a Planning and Zoning file for five free hours of work.

Mr. Griswold's appeal to the City Manager's decision was received on September 12, 2005 at 12:10 p.m. and forwarded to the City Council same day.

Mr. Griswold submitted additional comments on October 3, 2005 at 10:25 a.m.

Pursuant to Homer City Code Section 1.80.060(b), Any denial of a request for information or inspection of public records may be appealed to the City Council and a written reply will be given within seven working days from the Council's consideration thereof either granting or denying the appeal. An appeal from the decision of the Council shall be to the Superior Court.

This appeal was placed on the October 10, 2005 Regular Meeting Agenda and Mr. Griswold was notified of this scheduling. The Clerk's Office received no comments from Mr. Griswold regarding this scheduling.

The files containing the records were made available for the Mayor and Council to review prior to the October 10, 2005 meeting.

RECOMMENDATION:

Uphold the City Manager's denial of the record request.

Fiscal Note: Cost of processing the appeal, not budgeted.