REQUESTS FOR MAPLE HEIGHTS GOVERNMENT PUBLIC DOCUMENTS AND PUBLIC INFORMATION

In the spirit of promoting "open government", this is a public disclosure of requests that were made ( by me) for Maple Heights government public information/records that as of this date [update: August 23, 2012] have not been provided by the parties contacted.  Maple Heights public employees have either not responded, or claimed they never received the email (that it probably went into their spam folder),  (appears) feigned ignorance about the subject and/or contents of  the  request, or decided not to answer questions.

I do want to state that the finance director, Mr. Dean, has been forthcoming with financial information relative to the business of the City of Maple Heights.  He is to be commended.

What is most troubling, we have a law director that when a request was made for affirmative action agreements (and it took 2 requests - the first made on June 18, 2012) replied on July 11, 2012:

"Dear Ms. Stone,

Please accept this response to your June 29, 2012, email concerning documents allegedly negotiated or authored, by a “Frank Ross”.  After researching the matter, the city is not aware of any such documents.  I would suggest you contact the Maple Heights Schools to see if they have records in this regard.  In response to your question regarding the Mayor’s approval, the Mayor’s duties do not allow him to devote time to records requests.

Hopefully this answers your questions.

Sincerely,

John Montello

Law Director"


I was not only able to find those agreements (one dealing with our schools, the other police/fire/etc), I was also able to locate the chief negotiator of those historic agreements, Mr. Ross.


When I did a search of  Mr. Ross's name on the Internet, I found an  (2009)  article about him in the Cleveland Plain Dealer with his phone number.  I called him, and I with a group of African American Maple Heights residents, met with him last month.  The scanned copies of those agreements are on this blog.

Maple Heights has a problem.  African Americans, who are an estimated 73% of the population in Maple Heights are  significantly under-represented in Maple Heights government (public employees).  There is (I believe) only 1 African American that heads a major department in Maple Heights government, and there have never been any Black fire-fighters, and as of August 2011, there is only 1 Black full-time police officer.  In my opinion, this is not just disgraceful, it is an insult to the African Americans who live in Maple Heights.  In my opinion, this  problem is indicative of the leadership in Maple Heights government.

Ask Mayor Lansky how many African Americans has he appointed to be in his inner circle?  Ask him why he didn't appoint/hire an African American as fire chief (which would have been an historic achievement)?  Ask him of all the African Americans who applied to be a full time police officer on the police force, how many were actually hired during  his tenure?  How many of the full time African American police officers who were hired before he became mayor, are still there?  Ask the mayor how many African American auxiliary in the police force became full-time police officers during his time in office?

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Update August 23, 2012 (see end of this post for the reply):  The law director has replied that the request for public information (as relates to the information that was asked of Vopat on July 31st , and same information asked of Ms. Albers, and same information that was asked of him on July 31st) is denied.


In the future, an entire  page will be dedicated to publish the requests submitted to various government employees/departments/agencies for public information and documents. *Requests and replies submitted after August 24th.


Starting with July 17, 2012:

July 17, 2012

Maple Heights Human Resources Department

"Dear Ms. Waller,

I am requesting information on all City of Maple Heights employees (need employee status, employee name, city of residence, job title, hourly rate, salary, sex, ethnic code, employment date) for 2010 and 2012.  If there is a problem obtaining these stats for 2010, please let me know.   If there is a cost, please provide at least cost possible outside of a public inspection.  Please use the grid format (requested last year) that is attached.

Also, let me know if the law director has to approve this request.

Please respond by fax, or email, or by regular mail only within 10 business days.****

Thank you,

Elaine Stone"

_________________________________________________________________________________

July 20, 2012

Maple Heights Economic Development Dept

"Dear Ms. Gambosi,

Please provide a list of contractors used from January1, 2008 to present (name of the business, address, contact names and phone numbers, ethnic code).

Please provide a list of all projects from January 1, 2008 to present, contractor used, when the project was started and completed, brief description of the project, total cost of the project (if project is not completed, provide cost to date), and how the project was funded (ex. state, federal, county grants, property taxes, or if other-provide explanation).

Please provide the name of the person who must approve this request (if any).

Please respond by email, or fax, or regular mail only within 10 business days, and provide the information requested within 14 business days. 

Thank you.

Sincerely,

Elaine Stone"

__________________________________________________________________________________

July 29, 2012

Council President

"Dear Ms. Albers,

1. Can an individual or business use the Maple Heights Senior Center to conduct their business and/or profit monetarily from its use? (ex. dance classes)

2. If so, under what circumstances?

3. Can an individual or business use other Maple Heights (government) facilities to conduct their business or profit from its use?

4. If so, under what circumstances?

5. Also, if so, what law, or section of city charter, or written policy allows this?

6. Was a non-resident Maple Heights government employee (either as an individual or business) allowed to use the Maple Heights senior center for dance classes; and it was understood they could profit monetarily from its use?

7. If a contract was drawn up between Maple Heights and this individual/business, please provide a copy of the contract.  If there is a cost for the copy, please let me know in writing.

8. If this request, or parts of this request, must be made to Linda Vopat and/or the law director, please provide Ms. Vopat's email address.

Please respond by email, or fax, or regular mail only, and within 10 business days. 

Thank you.

Sincerely,

Elaine Stone"

_________________________________________________________________________________

*****A request for the above and following was also sent to Ms. Vopat  in Human Services.  The request was faxed to Maple Heights City Hall, addressed to Ms. Vopat.******

July 31, 2012

Human Services Department

Dear Ms. Vopat,

1. Can an individual or business use the Maple Heights Senior Center to conduct their business and/or profit monetarily from its use? (Ex. dance classes)

2. If so, under what circumstances?

3. Can an individual or business use other Maple Heights (government) facilities to conduct their business or profit from its use?

4. If so, under what circumstances?

5. Also, if so, what law, or section of city charter, or written policy allows this?

6. Was a non-resident Maple Heights government employee (either as an individual or business) allowed to use the Maple Heights senior center for dance classes; and it was understood they could profit monetarily from its use?

7. If a contract was drawn up between Maple Heights and this individual/business, please provide a copy of the contract.  If there is a cost for the copy, please let me know in writing.

8. If this request, or parts of this request, must be made to the Maple Heights law director, please let me know.

Please respond by email, or fax, or regular mail only, and within 10 business days.

Thank you.

 Sincerely,

Elaine Stone

Fax: 270.568.3830

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July 31, 2012

Maple Heights Law Department

"Dear Mr. Montello,

1. Can an individual or business use the Maple Heights Senior Center to conduct their business and/or profit monetarily from its use? (ex. dance classes)

2. If so, under what circumstances?

3. Can an individual or business use other Maple Heights (government) facilities to conduct their business or profit from its use?

4. If so, under what circumstances?

5. Also, if so, what law, or section of city charter, or written policy allows this?

6. Was a non-resident Maple Heights government employee (either as an individual or business) allowed to use the Maple Heights senior center for dance classes; and it was understood they could profit monetarily from its use?

7. If a contract was drawn up between Maple Heights and this individual/business, please provide a copy of the contract.  If there is a cost for the copy, please let me know in writing.

8. If this request, or parts of this request, must be made to Linda Vopat, please provide Ms. Vopat's email address.

Please respond by email, or fax, or regular mail only, and within 10 business days. 

Thank you.

Sincerely,

Elaine Stone"

_________________________________________________________________________________

Requests for the information below was also emailed to my councilman Charles Crews Jr. on June 29, 2012 and July 29, 2012

August 7, 2012

Maple Height Human Resources Department

"Dear Ms. Waller,

I am again requesting information on all City of Maple Heights government employees (need employee status, employee name, city of residence, job title, hourly rate, salary, sex, ethnic code, employment date) for 2010 and 2012.  If there is a problem obtaining these stats for 2010, please let me know.   If there is a cost, please provide at least cost possible outside of a public inspection.  Please use the grid format (requested last year) that is attached.

Also, let me know if the law director has to approve this request.

Please respond by fax, or email, or by regular mail only within 2 business days whether you will honor my request. 

Thank you,

Elaine Stone"

_________________________________________________________________________________

August 7, 2012

Maple Heights Economic Development Department

"Dear Ms. Gambosi,

On July 20th, I requested the information below.  I asked you to respond within 10 business days.  It has been over 10 business days.  Please let me know within 2 business days if you will be complying with my request for the information I requested, and also let me know if there is a reasonable cost (according to sunshine laws) involved for any copies of documents/

"Please provide a list of contractors used from January1, 2008 to present (name of the business, address, contact names and phone numbers, ethnic code).

Please provide a list of all projects from January 1, 2008 to present, contractor used, when the project was started and completed, brief description of the project, total cost of the project (if project is not completed, provide cost to date), and how the project was funded (ex. state, federal, county grants, property taxes, or if other-provide explanation).

Please provide the name of the person who must approve this request (if any).

Please respond by email, or fax, or regular mail only within 10 business days, and provide the information requested within 14 business days. "

Thank you.

Sincerely,

Elaine Stone"

_________________________________________________________________________________

August 20, 2012

Maple Hts Law Department

"Dear Ms. Seidenwand,

Since I did make a verbal request (not casual inquiry) to Ms. Gambosi several months ago (regarding the same information I requested in my July 20, 2012 and August 7, 2012 emails), and she stated she would provide that information (I gave her my personal email address), from here on, all phone conversations from my home to city hall, and to my home from city hall, will be on the record, as are all emails, faxes, mail,  and phone calls made by Maple Heights government employees,  regarding Maple Heights government public documents and Maple Heights government public information.  Please inform all your departments.

Please acknowledge that you have received this email within 2 business days, by a reply to this email only.  Ignore and do not respond to previous email dated Sunday, August 19, 2012, because it did not specify Maple Heights government public documents and Maple Heights government public information.

Sincerely,

Elaine Stone"

_________________________________________________________________________________

The email below, was sent to the Maple Heights Law Department not only because of  the stated purpose, but also because of Maple Heights (including government) history of intimidation, discrimination, and racism towards minorities (specifically African Americans).

August 20, 2012 / 10:03AM

Maple Heights Law Department

"Dear Ms. Seidenwand,

As relates to my previous August 19, 2012 and August 20, 2012 email, ... to be clear, "on the record" refers to requests for Maple Heights government public documents/information and requests for Maple Heights government public documents/information, and replies to such requests.

Furthermore regarding "on the record", conversations from city hall to my home, or any conversations:  Maple Heights government, or Maple Heights public employees, or any person or authority, does not have my permission to surveil my home or my property or to tap my phones, monitor my emails, or mail, or use any kind of surveillance on me, or release any personal/public information on me for any reason, unless written permission is given by me (to that person/authority/government) from this date forward.

While this may sound frivolous to you, because I've used the words "Maple Heights government public document/information", I don't wish to be misunderstood.

Please acknowledge receipt of this email, by reply to the email within 2 business days.

Elaine Stone"
________________________________________________________________________________

Update (August 21, 2012) - Request added:

To All Parties Involved:

All requests for Maple Heights government public documents/information (beginning July 17, 2012) to Ms. Gambosi, Ms Waller, Ms. Vopat, Ms. Seidenwand, Mr. Montello, Ms. Albers, are now published online on the Maple Heights African American Gazette.  Mr. Crews has been noted to have received a request by me in reference to same information asked of Ms. Waller. [Please note any terms and conditions on site]

I have not, as of yet, published replies from the people to whom the requests have been made. 

Where an attachment is noted in the request, I have not published the attachment.  If you have not received the attachment, and you feel you need it to fulfill the request, please let me know within 2 business days by email, or fax, or regular mail only.

If there are any fees required with these requests please inform me within 2 business days by email, or fax, or regular mail only.  If any request is to be directed to another individual, please specify who the individual is, how to contact them by email, or regular mail, and please let me know within 2 business days by email, or fax, or regular mail only.  If there is some ambiguity involved with these requests please inform me within 2 business days by email, or fax, or regular mail only.

After 15 days, or after 15 days (after any fees, if required, are paid), my requests are not honored, the request process (with full disclosure) will go to the state agency who mediates these requests. 

All future requests (including this one) will be published on the Maple Heights African American Gazette.  [The Maple Heights African American Gazette is searchable.]

Thank you,

Elaine Stone

_________________________________________________________________________

Update: August 23, 2012

received from Mr. Fussner (CBO Director of Building and Housing) at 11:48am

Ms. Stone,

Your request for records has been forwarded to me, I will be glad to prepare the information you requested, I will however need you to explain in detail what records you are requesting, including the projects involved in your request.

Paul Fussner, CBO Director of Building and Housing.

-------

Response to Mr. Fussner: August 23, 2012

Dear Ms. Fussner [later apologized for not stating Mr.],

Please provide a list of contractors used, or businesses (who entered into a legal contract with the city) from January1, 2008 to present (name of the business, address, contact names and phone numbers, ethnic code).

Please provide a list of all city projects from January 1, 2008 to present, contractor/business used, when the project was started and completed, brief description of the project, total cost of the project (if project is not completed, provide cost to date), and how the project was funded (ex. state, federal, county grants, property taxes, or if other-provide explanation).

Should you not be able to fulfill the request for all city projects, please direct me to the party who can provide the additional information requested.

If there is a fee for any copies over 10 pages please let me know; however, this request if for information , and not for documents (unless you feel that I need to request a specific document in order to fulfill the request).

Please respond within 10 business days by email, or fax, or regular mail only.

All request and replies are "on the record".

Sincerely,

Elaine Stone

 _________________________________________________________________________________


August 23, 2012

Received from Mr. John Montello, law director, City of Maple Heights regarding fax to Linda Volpat, which was also emailed to him (July 29th)  for public information.  [Note: copies of emails sent to me from August 15, 2012 to August 23, 2012 from Mr. Montello, were also Cc to the mayor.

Dear Ms. Stone,

I have reviewed your inquiry dated July 29,2012 to Linda Vopat, Director of the Department of Human Services for the City of Maple Heights.
I have determined that your inquiry does not qualify as a public record request under the O.R.C. 149.43.  As such, no response will be forthcoming.
Thank you for your attention in this matter.

John J. Montello
Law Director
City of Maple Heights
______
My reply same date:

Dear Mr. Montello,

The request is for public information, and should be provided to the resident who requests it.  Since you have chosen not to respond, I deem this as obstruction to provide what is public information as to determine if residents can use Maple Heights public facilities, if favoritism is being given, if a person can profit from use of a Maple Heights public facility.

Elaine Stone

_____

I also sent the following after the above to Mr. Montello:

Dear Mr. Montello,

Did Ms. Vopat or you, or another Maple Heights public employee enter into a legal contract with a public employee, or other individual or business for the sole purpose of providing dance lessons at the Maple Heights senior center?

If so, I am requesting the name of that business, individual, or employee, and a copy of that contract.

Is there a record or public information that relates to using a Maple Heights public facility for profit?  If that answer is yes, please provide a copy of that document, or where I can obtain that information.

Please reply within 2 business days by email, fax or regular mail.

Elaine Stone
__________________________________________________________________________________

August 23, 2012
Request to John Montello, law director

Dear Mr. Montello,

I am requesting copies of all letters (and letters are considered public documents) Ms. Vopat sent to obtain donations for the 2012 Music in the Park series, and copies of all letters in reply to those specific requests for donations.  I am also requesting copies of all requests/applications for (federal, state, or Cuyahoga County)  grants  (from 2009 to present) from the Human Services department/Linda Vopat.

I am also requesting copies of all contracts entered into by the city of Maple Heights (or a Maple Heights government employee acting on behalf of the city of Maple Heights) and the music groups (that performed/or will be performing at the 2012 Music in the Park series).   I am also requesting copies of all contracts  entered into by the City of Maple Heights, (or a Maple Heights government employee) and the music groups who performed/or will perform at the 2012 Mayor's Splash Parties.

And just so we are clear, I am requesting a copy of the written contract (if the contract was verbal, please specify) that was entered into by the City of Maple Heights, or a government employee of the City of Maple Heights, with the individual/s or business who is/or will be holding dance classes at the Maple Heights senior center this year.

Also please forward this request to Ms. Vopat.

If there is a charge for those documents, then please inform me within two business days by email, or by fax, or by regular mail. 

Elaine Stone

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Ohio Public Records Law

Ohio Sunshine Law

Maple Heights City Charter

THE OWNERSHIP- MONEY CIRCULATION PRINCIPLE