OpenCDA

July 28, 2009

No Confidentiality at City Hall

Filed under: General — mary @ 10:03 am

cdalogo Last Friday morning,  Kathy Sims sent an email to CdA City Clerk, Susan Weathers, asking several questions about the upcoming local elections.  Susan Weathers is in charge of the local elections and all candidates and political groups are required to register with Susan.

In little more than ONE HOUR, Kathy’s email was up on the Spokane paper’s gossip blog, where they proceeded to make fun of her questions and ridicule her on a personal level.

Is there no expectation of confidentiality or professionalism in our City Hall?

31 Comments

  1. If you want to use the link I provided, be sure to scroll down a bit until you get to the right post.

    Comment by mary — July 28, 2009 @ 4:49 pm

  2. How disgusting and offensive – it’s never news on that “gossip blog” when honest citizens are denied public records or charged outlandish prices to deter access to those records that city hall may or may not have.

    City Hall’s mouthpeice is the “gossip blog” and they are becoming less professional and credible each day.

    So what is going on? Is Susan Weathers running to the “gossip blog” with fodder to promote the City’s agenda? This is serious and one more reason why folks are intimidated into apathy. Sim’s letter was perfectly acceptable and the city should be thanking her for her interest, instead of trying to undermine her by running to the “gossip blog.”

    Sim’s letter is public information, but what I find alarming is that the city is selectively picking inquries/complaints and publishing them via their own private “gossip blog.” This kind of performance has to be outside of the boundaries of the city clerk’s position. It had to come from somewhere – and it starts with her.

    Absolutely disgusting. I am so mad, I think I will call tomorrow, and maybe they can publish that. We should all call – (208) 769-2300.

    Comment by Stebbijo — July 28, 2009 @ 6:30 pm

  3. These city hall goons are pushing it to the limit!
    What in the world is to be done? They keep getting re-elected.

    Comment by citizen — July 28, 2009 @ 7:04 pm

  4. I agree, but we don’t know if it was Susan Weathers herself or someone else at City Hall who might have sent the info to the Spokane gossip blog. In any event, Susan Weathers, as City Clerk, is responsible for what happens to information or questions sent to her by citizens. It’s on her shoulders. She can’t get out of it by saying, “I don’t know who sent it”. (We can all guess that the likely culprit is Councilman Mike Kennedy, whose candidacy was the subject of Kathy Sims rational and reasonable questions.)

    CdA City Hall, under Mayor Bloem, is famous for “leaking” what should be confidential information about critics or opponents. It’s part of their culture of intimidation. They did so with Steve Badraun, way back when he had the audacity to run against Sandi Bloem during her first try for mayor. Steve’s trashing was in the Press. They fabricated accusations against me, after I was bold enough to run against Mike Kennedy for an empty seat on city council in 2005. They “leaked” their trumped up info on me within a matter of hours…guess where?…yes, the nasty gossip blog run by the Spokane paper and frequented by Mike Kennedy.

    Is this how our elected officals should behave? Like middle school kids with bad manners?

    Comment by mary — July 28, 2009 @ 8:01 pm

  5. There is no surprise here. This sort of action can be expected. The real question is what would happen to the employee if they refused to do this sort of thing or, if they released information that was critical of the wrong people? How is this coordinated, how much control is asserted in its orchestration and what consequences are associated with not complying with the program. We saw Mary get removed from the P&Z, but that was an appointed position. But the source of these leaks is probably a paid employee and those rules should be different. If they face coercion to be unethical in the workplace that is undue and perhaps an illegal and hostile work environment.

    Comment by Wallypog — July 29, 2009 @ 6:13 am

  6. I believe there should be an investigation as to individual contacting the Spokesman. This is political manipulation. It is wrong to have employees acting as agents for the politicians while collecting taxpayers money. If there was request from superiors or elected officials to have the employee act in such a manner I question the legality of such an action.

    Do freedom of information laws require the release of the name of the employee contacting the Spokesman?

    Comment by citizen — July 29, 2009 @ 7:36 am

  7. Citizen,

    The Idaho Public Record Law would allow you to request copies of any writings, including emails, correspondence, memoranda of conversation, etc. between any City employee and the Spokesman-Review. Specify the exact date the record was created(Friday, July 24, 2009), and make reference to Susan Weathers’ correspondence posted on the S-R website. In other words, include as much information as possible to help the City identify the record you seek. Expect the City to reply with a demand for excessive “fees” or a denial based on “no public record responsive to your request.”

    Comment by Bill — July 29, 2009 @ 9:08 am

  8. I see at this point it would be difficult to prove who actually leaked this information to the “gossip blog.” However, one can surmize that the clerk told Kennedy and it is possible that Kennedy told DFO – we all know that Kennedy participates on the “gossip blog” so that would not be a surprize. It’s his free campaign pulpit. It still appears very unethical if not illegal that City Hall is participating in these types of cesspool activities and it makes me mad when my tax dollars are used to manipulate politics. They must be desperate – what are they scared of to stoop to such low life tactics?

    This is what I have done. I have not called the city clerk’s office – it would do no good. I called the Secretary of State’s office and asked who to contact regarding this type of conduct with regards to city hall and elections.

    I was told I could file a complaint with the police and that would be given to the city attorney’s office, but it’s difficult to file a complaint until you know what laws have been violated – if any.

    The Secretary of State’s office told me to contact the Idaho Cities Association and talk with their policy analyst – that is Justin Ruen – that number is 208-334-8594. I expect him to return my call sometime today.

    I am not that familiar with city elections so it would be nice – if this kind of conduct makes you mad – that you join me.

    If I get this guy on the phone, I want to refer him to you. Help.

    Comment by Stebbijo — July 29, 2009 @ 10:47 am

  9. Here is a link to the contact folks at the Association of Idaho Cities

    I thought I recognized the name Justin Ruen – his photo confirms it. We are from the same little town called – Clark Fork. Amazing.

    Comment by Stebbijo — July 29, 2009 @ 11:22 am

  10. Hello out there. First, How do you put in the icon picture that shows up with the posts?
    Next, I was over at HBO when this story aired and admit they made it sure sound foolish. In actuality though, who cares where or who it came from, according to the gal at the city she answered all of the questions from Mrs. Simms in a seemingly polite manner. I thinks this Simms gal was fodder for conversation because of her perceived election violations thus perpetuating the irony about the questions she asked. Like Mary said, Kathy’s questions were reasonable and rational it’s her history that haunted her on this one.
    Now on that note I still am very all for making things more clear in our fair city, and they clearly are not from the Library, Kroc, to LCDC. I want to be clear that I like and enjoy the library and my kids dig the Kroc, no pun intended, my problem is the way they were presented to us and then force fed to us. Unfortunately the NIC thing rings like the same tune.
    I was involved in the elections when Steve ran and quite honestly, the real audacity in his running was that he actually thought he could win, regardless of what railroad job we think the “powers that be” had in place. Steve was a walking time bomb, nice enough guy on a personal level, but a time bomb that our city would have taken some time to recover from. What got Mary was the three person thing, mostly, and for me her stance on the proposed garden that would have taken the Sherman entrance away. Still not sure what was the position on that one.
    My biggest beef right now is this LCDC, I’m just not comfortable with it. It looks, tastes, and smells way to,,,connected, to be in the true altruistic betterment of CDA. I would be happier with a good old Italian syndicate running things behind the scenes. At least they have some code of honor.
    I’ll not deny that at the time Mike was the best choice, that doesn’t mean he is this time around, however, Goodlander, has done her time and should move on. And Woody? Well he needs to act more on his instincts instead of just talk about them and then vote with the gang.
    OK so I waded in with you guys, I’m certain there will be comments, I’m not saying I’m right or wrong, just voicing breifly my thoughts. I’m more than willing to be persuaded if things are truly rational.
    Thanks,
    Eric

    Comment by Eric — July 29, 2009 @ 12:44 pm

  11. Greetings, Eric! Your thoughts are welcome here.

    I remain curious as to why our City sees fit to attack people for asking questions. They don’t answer the questions, they use their minions on the blogs and elsewhere to attack. That just eggs me on, so the more they do it the worse it gets for them.

    Wouldn’t it have been wonderful if the Mayor would have chosen to rally the community around the Kroc Center by getting everyone to pitch in and help, rather than the underhanded way the millions were forked over? Ditto for the Education Corridor. These are great ideas, but questionable execution. It’s the old ends-means argument, and I’ve settled on the fact that the primary difference between the “ends justifies the means” and the “means justifies the ends” is what defines a person’s character.

    Get yourself a gravatar. Read my post on my personal blog here.

    Comment by Dan — July 29, 2009 @ 1:18 pm

  12. Eric,

    You stated that Sims was “fodder” and it was her “history” that haunts her.

    The city has no right to pick and choose their “fodder” and dole it out to selected “gossip” blogs. I am sure there are plenty of peices of information the city could have handed over to the “gossip” blog but they chose to pick the Sim’s letter to do what? Exactly, what they meant to do and that was to ridicule her publicly with the “gossip blog” attack dogs via our City Hall.

    We all have a history and Sim’s has dealt with her mistake. To mock her for asking decent questions after the fact, so she complies with the city and she does not act unknowingly is not “fodder” for a gossip blog. It is not irony, it tells me she is covering her tracks so she does not make another mistake. It also tells me, that the city cannot be trusted with our correspondence, if one should ask direct questions. Obviously, their intent is to ruin you on a mainstream newspaper “gossip” blog if you do. It’s character assasination and not what I call an example of “community journalism ” by the “gossip blog” or an act of professionalism by our City Hall representatives. It was designed to mock, humililiate, and embarrass and the city helped by disclosing this one particular piece of correspondence.

    I don’t appreciate it, if they are going to do that – they might as well run a blog and publish/leak out everything they get in order to be fair and unbiased.

    Comment by Stebbijo — July 29, 2009 @ 1:57 pm

  13. Glad to hear from you, Eric. Your thoughts are well formed and I agree with almost of what you are suggesting. Funny, though, that my stance on the Gardens was what you remember from the 2005 council election, because I didn’t have “a stance”. The Gardens was pulled off the planning schedule before it got to P&Z, so I never saw the presentation. When asked about it during the election I said I was not for or against it and that I would have to see the whole plan before ever forming an opinion. (I am one of those darn people who believes in reading the bill before voting!)

    That said, as you know, it is not the Library or the Kroc or even the Ed Corridor that I’m against. It’s the process by which the public is sidelined and information is scarce. There are serious questions about the Ed Corridor that, if answered clearly and well, I could support. But they have not been. Information was been hidden and they have gone to great lengths through the Foundation to avoid public comment, scrutiny and accountability. That gets all my red flashing warning lights going.

    LCDC is a problem. If you ever get a chance to talk with other area urban renewal agencies, especially Post Falls, you will see the vast difference between how they use urban renewal and how it is used here in CdA. You will also feel and hear how they treat the public and you’ll notice the ease and clarity of their information.

    Comment by mary — July 29, 2009 @ 1:59 pm

  14. Oh, and on the subject of Steve Badraun, I don’t care how big or small his chances of winning were, the city should NEVER leak any confidential information about a citizen. Period.

    Comment by mary — July 29, 2009 @ 2:07 pm

  15. Eric,

    Welcome. Thanks for registering and posting.

    Keep asking questions when things don’t make sense. The best way to have accountable government is to ask public officials the questions that let them know you are paying attention. Honest and diligent officials appreciate thoughtful questions; dishonest and deceptive officials fear them.

    Comment by Bill — July 29, 2009 @ 2:23 pm

  16. Thank you all for the welcome. I look forward to talking with you all. I just want to say that you guys give the spokesman blog way to much credit as to its influence. It’s the same knuckleheads that comment on most things, my self included, in fact I’m probably the biggest knucklehead of all. Never mistakenly call it a news blog, never. My problem is being an Italian from the east coast, and I tend to be a bit more forward that perhaps I should be. Needles to say, I’ll call BS if that’s what it looks like and all I have to go on. I’ll sincerely apologize later should facts prove my perspective incorrect or misguided but until then I go with what I have.

    Comment by Eric — July 29, 2009 @ 9:39 pm

  17. As we all know in politics it sure doesn’t take much to do your self in and for better or worse, Mrs. Sims is damaged goods. I don’t know her and I expect she is very nice, I’m just saying it is what it is. Many have made mistakes and made amends and people may forgive but they just don’t forget. People mock, it’s not right, but it’s unrealistic to think otherwise. Just ask Mike Vik and Larry Craig. Don’t expect everyone to play nice all the time. Same for Mary, I know she is a good woman, no doubt, but she’s damaged as well and unelectable. Mary your right about Steve and what was leaked by who ever but he oozed potential leaks. Your also correct about “hidden information” and the loss of trust in what is presented and why and that, that one aspect is what irks me most.
    Stebb, I won’t argue with you about the city having a right to pick and choose fodder but your going to have to come to terms with this thing we call rights. We have no real rights, what we have are privileges and privileges can be granted and especially, taken away. Power always flows to the cunning and the rule of money is the rule of the many. The biggest problem, from my perspective, with the causes many here feel dear to is, delivery. However nebulously perceived, those in power got where they are, they control the privileges real or not. It’s a home field advantage. That frustration has caused delivery problems. Anyone reciting the same language from Mary, Dan G, or any of the rest of the like minded are doomed in this current environment. This doesn’t mean that the causes are dead, certainly not. For example, I know Steve Adams, and I know he’s a good honest man but if he quotes from the manifesto that has grown over the years then he too is doomed.

    Comment by Eric — July 29, 2009 @ 9:40 pm

  18. Dan, good point, top shelf stuff, it would have been wonderful if the mayor rallied the community, excellent comment. I’m a casual friend of the mayor, I might not agree with her on everything, but I do respect her. She showed me integrity some time ago on a personal private level. Has she, perhaps lost some vision? Maybe, I think so, but again, the rule of the many is the rule of money. Don’t mistake this as a defense or potential defense of the mayor I’ll call her out as I see fit for sure. Quite honestly, our fair city is almost an exact replica of Plato’s Republic and I find that quite fascinating.

    Comment by Eric — July 29, 2009 @ 9:43 pm

  19. Eric, An Italian from the East Coast is a good addition to this blog. Growing up as a child on the East Coast, I often wished I was Italian. Their families always seemed to have more fun than the average.

    Comment by citizen — July 29, 2009 @ 10:22 pm

  20. Thanks citizen, we did have some fun, lots of excited exchanges no doubt.
    My Grandfather, God rest his soul, had a saying about local government, I don’t know if he coined the phrase but with his accent he sure made it his own,

    “You no cana fighta city hall, but you cana s#!T ona da steps.”

    Comment by Eric — July 29, 2009 @ 10:43 pm

  21. Eric, your assessment is sad. Government works for the people, it is not supposed to hand out privileges and attempt to brand citizens as worthy or unworthy. Your viewpoint seems skewed by messages from the power brokers. Damaged goods?—is that the new label they are attempting? Must mean that both Kathy Sims and I make the current administration rather nervous…thanks for the compliment.

    Comment by mary — July 29, 2009 @ 11:16 pm

  22. Mary, They try to tarnish you, but you still shine.
    This shine brings light to things hidden in the dark.
    Your rays guide us in our actions.
    Your spark gives us hope when discouraged.

    Often when I am discouraged your positive outlook and “can do” attitude gets me on course.

    Eric, The more you are involved in this blog you will gather force.
    I have fought and won on numerous County issues. Generally it is with a group of like
    minded citizens.

    Comment by citizen — July 30, 2009 @ 7:52 am

  23. Good morning Mary, by all means government is supposed to work for the people void of privileges and equally void of branding irons but if you continue to believe that this stuff doesn’t exist, has existed, and will continue to exist then your kidding yourself. Until you come to terms with this and augment your message and approach your gonna need a good helmet because the wall is thick and hard. It takes all kinds of people to make a world and perfect utopia as a result doesn’t exist but, minimizing the disparity between the variables can be attained.
    I figured that eventually I would be labeled in cahoots with the powers that be and the best I can do is say that time will prove that to be incorrect. I have defended you and your questions more than once in that other environment to the point of being labeled one of “you guys.” Take it easy for a second, the “damaged goods” for better or worse are my words from my perspective and like I said before, I’m not saying I’m right or wrong just calling it like I see it, personally. I apologize for choosing those words and will be more careful not to feed anyone’s propaganda machine.

    You and Kathy make them nervous? Indeed. Why? Because you have many, many valid points In fact that “make them nervous” feature is what appeals to me the most and what draws me to get answers. They get nervous because eventually someone with a different approach might bring to the table some of these things under a different, better light. The stage has been set and the lines are drawn and until someone comes along and rides down the middle without getting blasted then the stalemate will continue. The line is thin and your either with the “power brokers” or your part of the (being careful choosing words) the other side. There needs to be a Kevin Cosner bullet proof type to ride between the lines like he did in the opening of Dances with Wolves. OK, that might be a weak metaphor but I hope you kind of see what I’m getting at.

    My assessment is sad? Perhaps, it depends on which trench you’re looking out of. In conversation, live, face to face I’m a little better at explaining it. What is truly sad is that I’m one of those people sitting on the hillside with a picnic basket watching the battle of Gettysburg. Now that IS sad, but I find do myself moving closer to the field these days.

    Comment by Eric — July 30, 2009 @ 8:01 am

  24. Eric –

    You said,”Power always flows to the cunning and the rule of money is the rule of the many.”

    You certainly have that right.

    You also state, “Anyone reciting the same language from Mary, Dan G, or any of the rest of the like minded are doomed in this current environment.”

    Wel,, I think you have that wrong. You might feel they/we are doomed, but the truth be told, I was doomed along time ago – more so than most on this blog. I have nothing to lose by speaking out and demanding answers.

    Unfortunately,some of us have become “damaged goods” by design and having become a victim of unscrupulous tactics, it drives some of us to get “them” to get it right. Some of us give up – and some of us don’t. The folks on this blog are not giving up.

    I will never give up calling the AG’s office or asking for public records. I enjoy it way too much.

    I am still waiting to hear from Justin Ruen – Policy Analyst for the Association of Idaho Cities. If he calls my home phone, I hope he is not offended by the answering machine – we have Howard Stern on it. 🙂

    Comment by Stebbijo — July 30, 2009 @ 8:27 am

  25. What is truly sad is that I’m one of those people sitting on the hillside with a picnic basket watching the battle of Gettysburg.

    More like watching an organized, publicly-funded, well-armed aristocracy, replete with propaganda ministry, beat up a group of curious peasants because the curious peasants asked a question. Oh, and by the way, you’re a peasant, too.

    Comment by Dan — July 30, 2009 @ 8:40 am

  26. I prefer proletariat, it sounds more, ummm, well less dirty.

    Comment by Eric — July 30, 2009 @ 8:59 am

  27. Eric, Love your Grandfathers mind.
    Dan, how perfect your Gettysburgh comment!

    Eric is spot on re: Oliveria. He is a pathetic old man waiting to retire. Apparently they can’t fire him because of the union. So they took him off the masthead and demoted him. If you look at that blog, you see traffic reports. There is no validity or gravitas to that site. Of course the behavior is juvenile, you expect intelligence. By commenting on any post over there, you give him the attention he craves and fodder for more disparaging comments. Ignore HBO…it is worthless.

    Comment by Faringdon — July 30, 2009 @ 9:40 am

  28. This is from the Idaho Freedom Foundation, published today:

    City refuses to disclose public info regarding employees

    Idaho Freedom Foundation Executive Director Wayne Hoffman today criticized Coeur d’Alene city officials for refusing to disclose the full identities of its employees. IFF is a non-profit, non-partisan group which is in the process of developing a government transparency website. On Monday, IFF requested the city provide the names, titles, departments and rates of pay for each city employee. City Human Resources Director Pam MacDonald responded on Tuesday with a list of employees, but the first names of the employees were withheld.

    “First names will not be provided because that would indicate gender. This is exempt from disclosure under Idaho Code 9-340C(1),” MacDonald wrote in an email to IFF after the organization requested the complete data.

    That statute says employee names are a matter of public record. The law also says a public employee or applicant’s gender is exempt from disclosure under the public records law. So far, the city of Coeur d’Alene is the only entity in the state to use gender identification as a means to hide public information.

    “Using the city’s logic, employees named Pat or Shannon should have their names fully disclosed, because those names are gender neutral. The city’s response to our public records request is absurd, shallow and indefensible. They’re just looking for ways to keep the public from quickly being able to figure out who makes what,” Hoffman said. “The city’s action also means all emails, correspondence, reports and other documents generated by the city can have employee names removed.”

    Hoffman noted that on Wednesday, IFF asked for salary information from the city of Twin Falls and received a response from the city — complete with first and last names of all employees — the same day.

    Comment by Dan — July 30, 2009 @ 11:57 am

  29. 9-340C.Records exempt from disclosure — Personnel records, personal information, health records, professional discipline. The following records are exempt from disclosure:
    (1) Except as provided in this subsection, all personnel records of a current or former public official other than the public official’s public service or employment history, classification, pay grade and step, longevity, gross salary and salary history, status, workplace and employing agency. All other personnel information relating to a public employee or applicant including, but not limited to, information regarding sex, race, marital status, birth date, home address and telephone number, applications, testing and scoring materials, grievances, correspondence and performance evaluations, shall not be disclosed to the public without the employee’s or applicant’s written consent. Names of applicants to classified or merit system positions shall not be disclosed to the public without the applicant’s written consent. Disclosure of names as part of a background check is permitted. Names of the five (5) final applicants to all other positions shall be available to the public. If such group is less than five (5) finalists, then the entire list of applicants shall be available to the public. A public official or authorized representative may inspect and copy his personnel records, except for material used to screen and test for employment.

    Looks like they found a loophole by interpreting “sex”
    any way they want to and they chose by name – when I take it literally – female or male. The name is a non issue and is public information. When you work for a government agency you are a public person. This reminds me of when Marie Scott from Bonner County Clerk refused to give out her email address claiming it was private, so I got it off the internet and published it.

    When entities refuse to hand over records requests you have to appeal in District Court. This is just an attempt to make it as difficult as they can on the citizen. I hope they appeal quickly – any decent judge would see through this tactic.

    The problem is – if you want records in another county it makes things difficult because you have to appeal in the area where the records are – unless you can argue a change of venue.

    Incredible, when I though city yahoos were stooping as low as they could get, they sunk even deeper. The sludge is all over their faces.

    Comment by Stebbijo — July 30, 2009 @ 12:59 pm

  30. If I understand IC 9-340C, was it legal for the city to distribute copies of letters relative to personnel issues of public officials?

    Comment by Susie Snedaker — July 31, 2009 @ 8:09 am

  31. Susie,

    I would be curious to see those letters. If they contained “personal” protected information, for instance health related information which also happens to be federally protected, or if they were publically distributed with SSN’s ect – it might be an issue. Diciplinary and investigations are not public information if it relates to a government employee or private employee.

    You will never see the investigations of judges, attorneys, or medical professionals.

    Protecting information has become a big deal in Idaho – so much that are Supreme Court decided to form a special committee to protect information that gets into court records.

    What I have discovered is that some judges and attorneys have no clue what they are doing with certain information and then writing it and and signing it off in documents that are considered public. Looks like the Supreme Court recognized that as well. So, if they cannot get it right – who will? Public records also becomes a judicial record so it gets confusing. They have to learn it first.

    I really believe that the protection of certain information in Idaho has not been an issue and the process has been violated. There are few attorneys – other than media attorneys that know the stuff – and there are not many of those around. In this area – it’s just not their specialty. The news can get it wrong as well.

    The State of Idaho were such idiots a few years back that they distributed PRIVATE information about children to a prisoner in SD – my letter to the gov’s wife was in that mess. That’s how I found out. The kicker was the prisoner used the Freedom of Information Act – which applies to federal information only – and they sent it anyway. I did recieve an apology from the AG’s office over that – I could not fight a bunch of it – because I would have had to go to ADA county to do it. I was just not that confident to fight a change of venue pro se. But, when it came down to protecting my own personal information that was public in Bonner County, I had no choice. It was not easy – but I would do it again, and there are other issues still pending, but the Judicial Council is refusing to recognize the problem because they are all on the same good buddy club.

    That’s just one incident – I have more regarding Health and Welfare – they distribute SSN’S. Their logic behind that is beyond reason.

    What I have to say is based on my own experience, I am not an attorney, so take it with a grain of salt. I still would like to see those letters. 🙂

    Comment by Stebbijo — July 31, 2009 @ 10:09 am

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