"Insignificant threesome" files

Michael Morisy filed this request with the City Clerk of Bullhead City, AZ.
Status
Rejected

Communications

From: Michael Morisy

To Whom It May Concern:

Pursuant to the state open records law, Ariz. Rev. Stat. Ann. Secs. 39-121 to 39-122 and 39-128, I hereby request the following records:

A copy of the files held in the hand of Mayor Jack Hakim while speaking in his official capacity as mayor during the mayor's comment time of the 12-6-11 city council meeting while saying "I invite anyone, anyone, whether you live in Timbuktu, whether you live in Kingman, whether you live in Golden Valley, whether you live in Golden Shore, where ever you live... come down to my office and let me show you the files that I have been able to accumulate on this insignificant threesome."

Video of his talk is located here: http://j.mp/wl4y2A

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Michael Morisy

From: City Clerk

From: Michael Morisy

Hi,

I'm a reporter with MuckRock.com, a widely-read news website. I'd like to appeal the denial of a public records request, copied below.

The rejection of my request is available for download here:

http://www.muckrock.com/static/foia_documents/1-17_mr996.pdf

I am appealing this rejection because that, while the City Clerk asserts the requested documents are the personal property of the Mayor, evidence and common sense indicates that the materials were retained in his official capacity as mayor and not as part of his non-mayorial life. The creation of a rather dubious "personal property" exemption, applied arbitrarily, would be a severe reinterpretation of decades of public records practice.

Thank you for your consideration, and let me know if I can provide more detail.

Thanks,

Michael Morisy

From: Kathryn Marquoit <kmarquoit@azoca.gov>

Hi Mr. Morisy,
I have reviewed this issue and recommended to the city attorney that
appropriately redacted records be released. Unfortunately, our office
does not have enforcement authority so I am not able to handle any kind
of "appeal". By statute, the only method of appeal is to file suit in
superior court. (A.R.S. sec 39-121.02)

Kathryn Marquoit
Assistant Ombudsman for Public Access
3737 North 7th Street Ste 209
Phoenix, AZ 85014
P: 602.285.9136
F: 602.277.7312

From: Michael Morisy

Thanks very much for your help!
- Michael

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 5, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

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