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I figured I might ask our vast membership this question to see what others think.
I have been working hard under the Freedom Of Information Act in Arkansas to get information requested under FOIA and have been dealing with it for more than three months. (law requires 3 days for the city to respond).
Finally, I got a call that the requested information was ready for me to view and or copy. (NOTE: after getting the local prosecuting attorney involved and a freedom of information lawyer too get them to act). However here is the question.
I was informed that I would need to make and appointment and that a POLICE OFFICER would sit with me the whole time I am reviewing and scanning documents. Their is no policy of this procedure and thus I am being treated differently.
Would this be a violation of my civil liberties?
Read article about it here http://www.mayorofhardy.com/ci…..g-service/
Oh..yes I almost forgot..I also learned that I have been under INVESTIGATION by the local sheriff office because of a FALSE ALLEGATION made by the city mayor about myself.. I spoke to the Sheriff office and they said it was unfounded..but have yet to send me documents to confirm this.
Read article about it here http://www.mayorofhardy.com/so…..rrassment/
So how has your year been going..this is what I have to deal with just for exercising my RIGHTS of FREEDOM OF INFORMATION
CTOA - Founder
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Hal,
My guess is that they're within their rights to have an observer present while you view/copy the records in question. They can just say that they are ensuring nothing is altered or permanently removed by someone (namely you) other than the custodian of the records.
The good news is that based on what I've read in the past that your illustrious mayor has said and done, there's a good chance that the cop detailed to watch over you doesn't have much love of her, either. No telling what information the officer might let slip if you're friendly and curious. Take a bag of fresh donuts and coffee with you and be prepared to act kinda dumb but really interested in the officer – usually works.
Best of luck with it!
Rich – retired from 30 years in law enforcement. Some experience with crappy mayors.
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I originally made the FOIA request (at my attorney's approval) in order to hopefully find information about my character. I was called a “stalker” by the Mayor and have been working on getting information under the FOIA. Her accusation is based on all lies she created to cover up a story I posted about email correspondance with her. After that I suddenly was accused of stuff I never did to paint me as a bad person. (it was during her election campaign). Go figure..
The fact that I believe now she is the one who filed what I would consider a “FALSE POLICE REPORT” why else would there be a ongoing harrassment case letter sent to me? It to me is a form of intimidation. This is just one more part of a bigger puzzle I wish to expose.
The Mayor in official letters by her sent out to the city Alderman also stated that I was a instigator and a threat etc. (smells rotten and wrong to me)
Yes, I am sure technically she can assign a police officer to sit with me, but why just me..in a open letter she invited all citizens to come to City Hall at any time to view the emails during business hours… NO APPOINTMENT OR SPECIAL RESTRICTIONS.
CTOA - Founder
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Spring Valley brings up a very good point that I'd forgotten, Hal. The full title of the applicable Federal Statute is THE PRIVACY ACT
OF 1974 Title 5 U.S.C. § 552a, as Amended. You can find the complete text of the law here:http://www.justice.gov/opcl/privstat.htm
Definitely worth reading and knowing when you deal with the mayor and her minions.
Rich
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Thanks, good reading.. I am for sure being singled out and treated differently.
If you really want to read something..read this letter issued by the Mayor to all the city alderman! http://www.mayorofhardy.com/wp…..29-101.pdf
Is this defamation of character? I believe it is..but again.no value in that but I do no like being accused of something I am NOT and that is why I keep pusing to prove my point.
Most folks, just stop and give up and keep getting bullied by those in charge. I just keep pushing because one.. it is my right as a citizen to request and view all items allowed under freedom of information. A person should need to have to go through all the hassle I have and the personal attacks against me just for doing what the law allows!
P.S. I just needed to vent my frustration to a group I respect!
CTOA - Founder
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I would have the state D.O.J. look into this mess, and look to sue for defamation. As for going in to look at the requested records, while Rich's idea has it's merits I would have my attorney with me. Not so much as a counter to their pressure on you requiring an officer present (which I would also mention to the DOJ), but an attorney might notice patterns, omissions, and legalese gobbledygook you or I would not know to look for.
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Yes, I think you need to have the lawyer with you. Have you contacted the ACLU about this. While I am not real fond of them they do like stuff like this and may be some help.
It's not uncommon for small towns and counties to try to with hold info or have closed meeting saying they are talking about matters not subject to the open meetings laws.
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This is how the Mayor treats those that disagree with her, or question her actions. The fact that lies about me were spoken and written is bad enough. The fact that the website I oversee was called a trash site and everything else is already sad.
Additionally the way the Mayor has now tried to delay if not prevent request for Freedom Of Information is even more upsetting. All this bothers me..but what really bothers me is it seems those who can actually do something about it just sit back.
I have had two agencies in conversation tell me to just KEEP DOING WHAT I AM DOING. Heck, why should I have to work so hard to get information and to clear my name from false statements.
The only bright point..is if I understand the law.. I plan to push the AG office to investigate the FALSE POLICE REPORT claim. A person in office who outwardly LIES and then continue to LIES and use it to her advantage is wrong and smells rotten. If I have had to endure so much, image how many others have been put off, put down and made to just shut up!
P.S. I have also been told to watch my back.. (small town good ole boys) and I am not part of them!
Good think I am stubborn as a mule and don't just ignore it and walk away!!CTOA - Founder
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“I have had two agencies in conversation tell me to just KEEP DOING WHAT I AM DOING. Heck, why should I have to work so hard to get information and to clear my name from false statements.”
Precisely why you need to sue her. As Carl suggested get ahold of the ACLU. If the AG's office doesn't handle the blocking of your FOIA requests find out who does. If she takes three months to produce something that's required in ten days is that a crime? Is requiring an officer be present when you view the files a crime? I'd find the department in your state that can answer that, something the ACLU could help you with. It's good you are keeping track of everything. I see a suit for harassment. Slander / libel is hard to prove, but not so much when the slanderer makes it so easy.
Just wondering, is she trying to re-name the city Wasilla? On second thought don't answer that
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Well..I have so called shaken the tree's to get someone to respond. I am waiting for the Arkansas Attorney General's office to respond as well as the local Sheriff'S office in regards to details on the so called “investigation”. I have a file that is now almost a inch thick with documents and correspondance relating to the issues.
I have even had my friends point out they never knew how much of an activist I have become. I tell them it is only because I have now first hand experience the unfair treatment and in this case I am the wrong person to lie about and treat poorly!
If I have to contact the Federal governenment next to get these folks to realize that as small as this might be to others it is a BIG deal to me.. I do not like someone making false statements about me and accusing me of actions that are not true.
I won't be bullied, I won't be quiet, I won't just let it pass because as soon as I realized I was under some type of investigation..well thats just a big old green light to FIGHT FOR MY RIGHTS.
Hopefully the legal system will do what is is suppose to do and protect the citizens rights.CTOA - Founder
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Normally I dread posting here. This may have occurred before;
I would be looking into abuse of official powers and misconduct in office. Maybe
a recall vote or jail time is in her future. Go for her lungs and the marrow in
her bones, Politicians just hate it when you use the law against them.
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I appreciate everyone's viewpoint. I will keep y'all updated on what happens next. I originally just felt an apology for the lie about me “stalking” would have satisfied me. However, it has gone so much past that especially since everything the Mayor and City Hall has done trying to prevent my request and paint me as some evil person only drives me more to stand up for my rights and not be bullied.
Ummm anyone willing to bail me out of jail if they arrest me when I show up at City Hall and request to view the emails as allowed by any citizen without any appointment or officer standing by me!?!?!?!?
CTOA - Founder
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Hal, it's best to not to piss the cops off. You can piss the mayor and the other minions off all you want if you keep the cops calm. I am guessing that if the mayor is as controlling as it appears she has pissed the cops off already. Go to the sheriff and city police chief and see how they feel about what your doing. They won't be real open but you can read between the lines by the questions you ask.
Not many open records laws allow you a complete down load of a huge file. They require you to specify pages or meetings. I don't think you will get a file of all the emails. See if they can give it to you on a CD copied from their hard drive.
I have done some of what your doing but no one was very contentious. They did refuse me one time but when it was pointed out they had to do it by law they gave me what I wanted.
The fact that you don't live in the community is a problem so be careful.
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I had a second home in this community for over 6 years. Just sold it last month. Plus I have some business interest in the community too. So, even though I am not a “local” as they say. I am vested and even created and still maintain a website promoting the City of Hardy as well as news and stories. That site is http://www.mainstreethardy.com which has been called by the city Mayor as a TRASH SITE !
As for as the email request under the FOIA laws. The same law firm that is the emergency contact firm for news agencies to contact for help with FOIA issues. They gave me the wording for the email reguest and assisted me in getting the city to respond.
Also, the local POLICE CHIEF is just as part of the issue. Rumor has it in that small town he is the puppet master and the mayor is just the puppet. Thus, another reason I am not happy about them requiring me to make an appointment to review the FOIA requested emails, but that a OFFICER would sit with me the whole time!
Others who have tried to get answers in the past, have just given up after all the b.s. they have had to got through. That seems to be the way it has always been. I don't like that way of our government, no matter big city or small town treats people.
CTOA - Founder
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Glad you're back Mike!
I am not really back Bob, just 300% PISSED!
My accountant finally got back to me. It looks like it no
longer pays to work now that social security is taxed. I put in an extra 5
years past my normal retirement age of 65 for an additional 30 % in benefits. Once
pasted 70 there is no deduction from your SS benefit. Catch 22, being that my
earned income pushes me over the limit I owe the feds 4k in tax. I have to do
some sharp penciling to figure the break point where the tax on the SS kicks in
and that will be my last working day. Now
it is not all that bad, my pension and investments are not considered earned
income and will only get hit with a small tax and I will no longer be hit with
withholding tax. In the long run, I will have more money in my pocket.
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