TOF Council Meeting 8.6.2018 Part 3 – Truth in Correspondence

• Point of Fact: Per documentation below, tfa has been requesting said information from the Town of Fromberg repeatedly since February 26, 2018. Therefore, per statements made in the following short 7 minute video synopsis:  https://youtu.be/H3A_2MoP5lQ; tfa’s request DID NOT necessitate a Saturday trip for Hope Freeman, Town of Fromberg Attorney nor Town Clerk Brenda Kansala. No, that Saturday activity was precipitated by a call from a reporter. Said FOIA request could easily have been accomplished during regular working hours during the preceding 6 months.  It is interesting tfa is being charged $22 for copying labor when both Freeman and Kansala stated neither “logged their time”.  MCA is very specific with regard to billing for FOIA requests:” 2-6-1006 MCA permits an agency to charge for its costs in “gathering” and “copying” requested documents. The agency must give the requestor an estimate of the agency charges. In a 1996 memo to state agencies, Gov. Mark Racicot suggested a charge of .10 per copy as a “reasonable” charge. In no event, however can the costs exceed the actual costs incident to fulfilling the request. (§2-6-1006(3))”
• Point of Fact: Portions of Peter Michael Meloy’s letter state: “As you are aware, Section 2-6-1003 MCA obliges a public agency to permit access to and provide copies of public information upon request.  While you may satisfy a portion of that duty by offering to make the documents available for inspection, you are still required to provide copies. (Emphasis added). As I understand the interchange between your office and the Advocacy group, the following documents are in the possession of the Town but you have declined to provide copies:
  1. Proposal and bid letters for the “Barley Field”;
  2. The closing statement for the transfer;
  3. Title Insurance Policies;
  4. The Realty Transfer Certificate
  5. Documents related to the water rights;
  6. The granted easements on the property;
  7. Mayor Anderson’s correspondence;
  8. Meeting Minutes; and
  9. Records of fund transfers associated with the sale.

  You are also advised that failure to provide access to this information may result in a lawsuit and the City may be liable for the costs and attorney fees associated with such action pursuant to §2-3-221 MCA.”

First Letter: February 26, 2018  Link provided: https://docs.google.com/document/d/e/2PACX-1vSUumjgbvaOphEG7gGHWJwBRw5INiNAWxyIFL-WPylONEmC-2eBxJRzzBvCevNLeVD1bbjnWTONND7k/pub

Second Letter: March 8, 2018 Link provided: https://docs.google.com/document/d/e/2PACX-1vT1tnSYkyI_M-_LDAENGvDeLxcor_LzLG9IWWpqDzKPt72eMzYV4kw3UggcSJq2WXbjI5D5JKNItwpy/pub

Third Letter: April 4, 2018 Link provided: https://docs.google.com/document/d/e/2PACX-1vSDSfczKsIL2e0epVQbw051k0AOF2Ijz0L3qSwmPEXBeXIgTNONpGf2yxM_27pqIpDZzzO1GG0nSVOL/pub

Fourth Letter: May 5, 2018 Link provided: https://docs.google.com/document/d/e/2PACX-1vSkXQue6TyMS-F890RWuEIhGnSu1TRTC_UhwD3gk6gVm5eXzsPbo1cm41DBZ8QHyM-QbDWMyhB2o0pt/pub

Peter Michael Meloy June 5, 2018 Letter: Link provided: https://docs.google.com/document/d/e/2PACX-1vRgOUlvH2OiUD9cwPwxFeo7Wdj5PFdphaun_AU_bvSNB4xrmxhde4RndJIV9FQgDgapCbBpSqNQvAUA/pub

Sixth Letter: June 28, 2018 Link provided: https://docs.google.com/document/d/e/2PACX-1vST-PbXopa5baNKUKnsx1f7SwUs6LDkVr9eZVTK7i-iVWpWLA5uqc6o_DZBXjrV7IcipBks_wPuFLIo/pub