REQUESTS FOR MAPLE HEIGHTS GOVERNMENT PUBLIC RECORDS, AND PUBLIC INFORMATION

Also check out Maple Heights Open Public Records (not all inclusive)


Requests beginning August 24, 2012

Other prior requests for [Maple Heights government]  public records [to a Maple Heights government employee] can be seen HERE

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Update April 2014:


If you feel intimidated or threatened in anyway by a public employee for asking questions about your city, or requesting public records,  please contact federal authorities.



This request page acts to get its citizens to think,  ask hard questions of its public servants,  to question policy, procedures, charters,  the running of local governments, and to find out what really goes on in their city.



If one has a problem with this page or any other posts, comments, or opinions, please refer to the terms and conditions.



As of 3/16/2014, all mailed and faxed public records must be on official government stationery or have a seal, or be signed by the public employee who is responsible for gathering/providing the public record  (see request dated 2/17/2013).
 


To be able to read the letters and documents that are on the Maple Heights African American Gazette, please zoom to 200% or more.


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You don't have to provide reasons for requests; however because we don't want to be seen as being frivolous:

There have been assumptions made,

THAT IN A CITY THAT HAS

AN ESTIMATED 70% AFRICAN AMERICAN POPULATION:

African Americans are ignored, have no

real representation, and:

1.     That most full time Maple Heights city employees are disproportionately white (THE REASON WHY THERE IS A REQUEST FOR ETHNIC CODES –RACE)

2.     That most high-paid Maple Heights full time city employees are disproportionately white (AGAIN REQUEST FOR ETHNIC CODES –RACE)

3.     That most Maple Heights city employees do not live in Maple Heights which creates financial instability in Maple Heights (REASON FOR “CITY OF RESIDENCE” REQUEST)

4.     That most Maple Heights city employees are disproportionately white (AGAIN, REASON FOR ETHNIC CODES – RACE)

5.     That most contractors are disproportionately white (REASON FOR REQUEST ETHNIC CODES – RACE) / which may violate various laws if receiving public monies

6.     That most contractors do not live in Maple Heights (REASON FOR CONTRACTOR ADDRESS)

7.     That most of the cities where moderate to high-paid  Maple Heights city employees live are doing better than Maple Heights residents (REASON FOR “CITY OF RESIDENCE” REQUEST), while HUNDREDS OR THOUSANDS OF Maple Heights residents (esp. African American residents) HAVE LOST AND ARE CONTINUING TO  LOSE their homes [LAST YEAR OVER 560 FORECLOSURE FILINGS IN MAPLE HEIGHTS), and MANY have lost or are losing their jobs.

8.     That millions of dollars are flowing out of Maple Heights (or businesses are delinquent in paying their taxes) while again, Maple Heights is struggling financially, and Maple Heights residents (esp. African American residents) are still losing their homes, and/or jobs, etc.

9. There also have been questions regarding the mayor's salary (specifically wages and benefits), and that his wage is  possibly out of line in comparison to other cities.  And to make matters worse, in a city that has major financial problems and a dwindling population.

Also (because of the financial problems/dwindling pop.) other wages (and benefits) of those in mid to high salaried positions may need to be addressed (but first you need to know what those wages and benefits).


10. Asked and not answered (by Montello, Albers, Vopat, Charles Crews Jr.) July 2012:

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.

Before my 12/19/2012 email, Ms. Vopat finally admitted (after being denied the request by Montello 8/23/2012) that there was a dance instructor, but wrote that the contract was verbal.  (see bottom of this page)

I also uploaded Mr. Mellings 2/4/2013 letter in which he states there is no record of a dance instructor, and there's also another unsigned letter dated 2/4/2013 that says I've asked the question about this dance instructor before and therefore my requests are redundant.  They wouldn't be redundant if they just answered my questions.  So this whole thing has red flags [?] all over the place.  Other people have wanted to use the senior center for various events and purposes (some for profit and some  not for profit) and I've been told that they were told they couldn't; so what were the financial arrangements with the dance instructor, and why all the run around?



11. Finally there is the assumption that raises were given to Maple Heights public employees without the consent of Maple Heights City Council.

There appears to be a concerted effort (as you can see by the replies, non responses, or failure to comply or fully comply since July 2012) to not provide the kind of records or public information requested that could prove or disprove the above. 


ALSO IF PUBLIC EMPLOYEES  CLAIM THEY HAVE PROVIDED THOSE RECORDS, WE HAVE THE RECORDS THAT WERE PROVIDED (OPENED BEFORE A THIRD PARTY).

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Because we've seen too many omissions and inconsistencies in regards to compliance with requests made, we are amending our previous statement:

"If a public request for [Maple Heights government] public information or public record/s  (or Maple Heights government information that the Maple Heights government employee should be privy to, or be able to obtain) receives no response within 10 business days after the request was made, the words NO RESPONSE" (and the date) will be posted next to the Maple Heights government employee's name (at our discretion) to whom the response was requested.  If a public request for [Maple Heights government] public information or public record/s (or Maple Heights government information that the Maple Heights government employee should be privy to, or be able to obtain) is not received within 30 days after the request was made, or if the information/ or record  provided (when received) [whichever comes first] lacks the information requested, the words "FAILURE TO COMPLY OR FAILURE TO FULLY COMPLY" (and the date) will be posted next to the Maple Heights government employee's name (at our discretion) to whom the response was requested."  [Amended 12/18/2012]



For clarification: compliance means you've satisfied the request

Further, if the omission or inconsistency is deemed suspect, it will be [?]  red-flagged [update to amendment 1/7/2013]

If an African American Maple Heights resident wants the Maple Heights African American Gazette to request the [Maple Heights government] public record, or ask for Maple Heights public information on  their  behalf, please email  mhaagazette@gmail.com     or call    216.202.4083   (You must provide your name, address, and phone number, for our records, although that information will not be posted here.)  We make no guarantees that your request will be posted here or that we will honor your request.

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****

3/17/2014

MHAAG mhaagazette@gmail.com	10:57 AM ()
to Maple, JACQUELINE, mhdistrict5, District12, pjones,

To Maple Heights Law Department:

I am requesting public records on all city of Maple Heights public employees (employee status, employee name, resident/non-resident, job title, hourly rate or salary, ethnic code, total wages, overtime wages, date of hire) for years 2013 and 2014.

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

If there is a cost, please specify.

Elaine Stone

Reply from Law Department:

Mon, Mar 17, 2014 at 11:05 AM, Maple Law <MapleLaw@mapleheightsohio.com> wrote:

Ms. Stone,

We do not keep a record with the 9 individual requests you are asking for. A list in this type of format does not exist.

Thank you for your inquiry.

Cheryl Seidenwand

My response to above:

3/17/2014 MHAAG mhaagazette@gmail.com	11:22 AM
to Maple

Dear Ms. Seidenwand,

The city of Maple Heights is asking to pass an income tax levy. At the Thursday, March 13, 2014 public forum, statements were made with regards to overtime, labor force reduction, cutting costs, etc.

These statements must be backed up with proof.

Please provide what you can of the records request.

Elaine Stone

Response to my Response

On Mon, Mar 17, 2014 at 3:18 PM, Maple Law <MapleLaw@mapleheightsohio.com> wrote:

Ms. Stone,

Can you please be more specific with your request as to what you need to directly help with your decision on the tax levy. Ethnic code, date of hire, residency and etc. do not directly pertain to the levy. Please advise what is needed as “proof” to back up the statements that were made on March 13.

Thank you ,

Cheryl Seidenwand

My Reply to the Above

MHAAG mhaagazette@gmail.com	4:24 PM (6 minutes ago)
to Maple, JACQUELINE, Bill, pjones, District12,

I made two separate records requests.

In addition to what is required to be provided (employee name, part-time/full time, date of hire, resident/non resident, hrly wage, salary, title, department), various city of Maple Heights employees on Thursday evening, March 13, 2014 stated that overtime was stopped or reduced, people were let go, and some wages cut.

So the first public records request is to provide employee name, part-time/full time, date of hire, resident/non resident, hrly wage, salary, title, and department for years 2013 and 2014.

The second request is to provide proof of cuts, overtime elimination or reduction and layoffs. Since I have years 2011 and 2012 (which does have employee name, employee status, date of hire, resident/non-resident, hourly wage/salary, department, title and yr 2011 ethnic codes) some information in my first request can be used to compare my 2012 to 2013 and 2014.

What other public records (such as overtime wages and total wages paid) you wish to give that would serve as proof of the cuts, overtime elimination, layoffs is up to the city of Maple Heights.

I've also asked for ethnic codes (b/w) which is not directly related to cuts, but will shed light on the race of the labor force and is a matter of public record and is again, a public records request.

Elaine Stone

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2/2013

Although this page only deals with Maple Heights City government, I asked for records and info regarding Maple Heights City School District employees from the Assistant Superintendent (Mr. Willingham).  I was pleasantly surprised when Superintendent Keenan promptly called me, and gave me everything I asked for and more.  I give Superintendent Keenan an A+. 




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 4/18/2013

MHAAG <mhaagazette@gmail.com>	Apr 18
to Maple Hts Law Dept

I am requesting an audio copy of the Wednesday, April 17, 2013 council meeting.  Please provide within 10 business days, and let me know when I can come in and pick it up.  I understand there is a cost.  

Elaine Stone

COMPLIED

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2/19/2013

Kathy Unger
to me, JACQUELINE, Maple, Jeff

Dear Ms. Stone:  I have been informed that I am no longer the point person for Record Requests for the City.  Please send all inquiries tomaplelaw@mapleheighsohio.com .  Thank You.  Katherine Unger

SEE BLAIR MELLING'S RESPONSE (TO THE REQUEST BELOW)  AT THE END OF THIS PAGE DATED 2/20/2013

READING MR. MELLING'S RESPONSE, I DON'T BELIEVE THIS IS GOOD GOVERNMENT.

WE NEED TO SERIOUSLY LOOK AT THE KIND OF GOVERNMENT WE WANT, AND THE PEOPLE WHO WE PAY TO REPRESENT US.


2/17/2013

From: MHAAG [mailto:mhaagazette@gmail.com]
Sent: Sunday, February 17, 2013 6:28 PM
To: Kathy Unger
Cc: Maple Law; JACQUELINE M ALBERS; Mr. Crews; Jeff Lansky
Subject: Requests for Public Records

Dear Ms. Unger,

I am requesting that all future requested records/documents from the city of Maple Heights be presented on city of Maple Heights stationery, or be stamped with an official city of Maple Heights stamp/seal, or has an official city of Maple Heights label that is difficult to remove. 

As it stands now, anyone can state that the record/s/document/s/correspondence presented on plain paper are not from the city of Maple Heights regardless if they came in a city of Maple Heights envelope. 

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

Sincerely,

Elaine Stone

_____________________________________________________________________________________________

02/07/2013 [UPDATED]


ON FEB 7TH,  I RECEIVED SEVERAL LETTERS, ETC - (SEE BOTTOM OF PAGE)

I changed the name of a post regarding Blair Melling because I received a letter dated February 4, 2013, stating Mr. Melling was not an employee. Later, when I looked at the February 4th letter again, and checked the 1/29/2013 email I sent to Ms. Unger, I noticed I wrote incorrectly "Brian Melling", which prompted the author of the February 4, 2013 letter to state that they had no employee named Brian Melling: however, on 12/18/2012 I did make a similar request, and in that email, I spelled the name correctly.  Therefore, regarding the 12/18/2012 request for Blair Melling's wages, ... UPDATE -3/2013: COMPLIED W RESERVATION - NO OFFICIAL STAMP, SEAL, NOT ON MAPLE HEIGHTS STATIONERY, NO LABEL AFFIXED, NO SIGNATURE

There also is something that I noticed.  Mr. Melling's signatures are vastly different from his January letters and the February letters. 

Finally, Mr. Melling is a public servant, as are all politicians and people who work for municipalities.

I'm also referencing a 2007, State of Ohio, Office of the Attorney General - OPINION NO. 2007-026, see page 4
& Notes: 1,  2,  3PA

1/29/2013
I am requesting the W-2's of Linda Vopat for years 2007, 2008, 2009, 2010, 2011, 2012.
SEE LETTER DATED 2/4/2013 -
Mr. Melling has responded, see his letter/s at bottom of page.

I am requesting the W-2s of every (Maple Height City) director and assistant director for years 2007, 2008, 2009, 2010, 2011, 2012.

I am also requesting a record of the billable hours (matched to the activity) for Mr. Montello, Mr. Melling (if applies), and the law firm of Melling, Harding and Montello for years 2008, 2009, 2010, 2011, 2012.

See Mr. Mellings response at the bottom of this page.

I am requesting the ordinance/resolution that references wages (including raises), salaries, benefits for the mayor, all directors and assistant directors, including the chief of police and fire chief.
RESPONSE GIVEN -COMPLIED


1/12/2013/& 1/20/2013 Request [?]
Please provide a list Maple Heights businesses (names and addresses) that were/are delinquent in paying their taxes for years 2009, 2010, 2011 and 2012, (include delinquent amount); and also provide a list of the Maple Heights businesses that are exempt from paying taxes.


1/20/2013 [?]
Again, please provide a copy of those records of those businesses (you can leave the addresses off if not on the record) that were/are delinquent in paying their taxes for years 2010, 2011, 2012 (I removed request for year 2009) and the delinquent amounts. Please also provide a copy of those records of those businesses that were exempt from paying taxes for years 2011 and 2012 (I removed request for years 2009, 2010). There was no record given to me regarding these specific requests, and these records should be readily available.. If some years are available and others are not (though I can't imagine why not), provide those years.
SEE LETTER DATED 2/4/2013 - THERE ARE FIVE LETTERS ALL DATED 2/4/2013 at bottom of this page.



11/20/2012: [?]
REGARDING PROVIDING CITY CONTRACTS, CONTRACTORS/BUSINESSES, ETHNIC CODE, ETC (SEE AUGUST 2012, AND 11/08/2012) / 11/08/2012 NO RESPONSE TILL 2013/ AND SINCE AUGUST 2012 FAILURE TO FULLY COMPLY



10/08/2012 [?]
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)." FAILURE TO FULLY COMPLY



12/19/2012 see request to Human Services Department
NO RESPONSE AND FAILURE TO COMPLY [?]

Regarding Ms. Vopat and the dance instructor (see August 23, 2012 request: "I am requesting the name of that business, individual, or employee, and a copy of that contract ...."). Ms. Vopat says that the contract was verbal. Regardless whether the contract was verbal or written, please provide the name of the dance instructor, terms and financial agreement between the City of Maple Heights/Ms. Vopat regarding the dance instructor.

Please also provide: if the the dance instructor is a resident of Maple Heights, and is, or is not a Maple Heights public employee.

12/11/2012 and 12/18/2012 request for date of hire for Melling, wages/& cost of benefits re: Melling, Montello, Lansky [?]
RECEIVED RESPONSE ON 01/19/2013 - SEE Mr. MELLING's RESPONSE DATED 1/17/2013 and February 4th - 



Requests for: (Race)Ethnic codes [?]for employees for years 2009, 2010, 2012
FAILURE TO COMPLY


Requests for: City of residence for all employees for years 2009, 2010, 2012
FAILURE TO COMPLY


Requests for: (Race) Ethnic codes [?] for contractors; contractor addresses and the contact phone numbers; how the project was funded (ex. loans, state/federal/county grants, property or other taxes, or if other, provide) [?]
FAILURE TO COMPLY

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1/29/2013

MHAAG <mhaagazette@gmail.com>	3:33 PM
to Kathy, JACQUELINE, Maple

Dear Ms. Unger,

I am requesting the ordinance/resolution that references wages (including raises), salaries, benefits for the mayor, all directors and assistant directors, including the chief of police and fire chief.

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

Elaine Stone

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1/29/2013

MHAAG <mhaagazette@gmail.com>	3:11 PM
to Kathy, Maple

Dear Ms. Unger,

I am requesting the W-2s of every (Maple Height City) director and assistant director for years 2007, 2008, 2009, 2010, 2011, 2012.

I am also requesting a record of the billable hours (matched to the activity) for Mr. Montello, Mr. Melling (if applies), and the law firm of  Melling, Harding and Montello for years 2008, 2009, 2010, 2011, 2012.

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

Elaine Stone

_________________________________________________________________________________


1/29, 2013

MHAAG <mhaagazette@gmail.com>	7:48 AM
to Kathy, Maple

Dear Ms. Unger,

I am requesting the W-2's of Linda Vopat for years 2007, 2008, 2009, 2010, 2011, 2012.

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

Have a great day,

Elaine Stone

Ohio Public Records Act:

Appendix C 1992-005: A copy of a federal tax form W-2 prepared and maintained by a township as an employer is subject to inspection as a public record. [Ohio Attorney General Opinions Interpreting Ohio's Public Records Act]

__________________________________________________________________________________



1/20/2013

MHAAG <mhaagazette@gmail.com>	6:04 AM (0 minutes ago)
to Kathy, Maple

Hello Ms. Unger,

Please disregard the previous email.

Again, please provide a copy of those records of those businesses (you can leave the addresses off if not on the record) that were/are delinquent in paying their taxes for years 2010, 2011, 2012 (I removed request for year 2009) and the delinquent amounts. Please also provide a copy of those records of those businesses that were exempt from paying taxes for years 2011 and 2012 (I removed request for years 2009, 2010). There was no record given to me regarding these specific requests, and these records should be readily available.. If some years are available and others are not (though I can't imagine why not), provide those years.

I just received a letter from Mr. Melling regarding a denial of records request. To what specific request was he referring?

I'm also still waiting for those records regarding Melling's date of hire (it's in his personnel file) wages for the following (they are kept on a document for tax purposes, and it is elsewhere recorded):

Brian Melling

John Montello

Jeffrey Lansky

for years: 2009, 2010, 2011, 2012 (those records should also be readily available); and surely it is recorded on paper, and/or elsewhere, and is therefore a public record. If Mr. Melling or the finance director can't find a specific year, but other years are available, he should provide those years that are recorded (though I can't think of why they would not be available for tax purposes).

If Melling wants to leave off cost of each of their benefits, it is his choice; however, if that specific information is on a document, in a personnel file, or recorded elsewhere, it is a public record.

As to Ms.Vopat and the dance instructor; When the city of Maple Heights or a public employee acting on behalf of the city of Maple Heights enters into an agreement (contract) to pay for a service, there are records, recording the person you entered into an agreement with, the amount of money you will pay for the service, and other financial arrangements. There also is a record of those payments (check, etc). Please provide - one can always redact certain information on a document like account numbers..

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

Elaine Stone

_____________________________

1/17/2013
Mr. Melling has responded - see letters

THE CITY OF MAPLE HEIGHTS OR WHOEVER KEEPS RECORDS, APPEAR TO ARBITRARILY INCLUDE SOME PUBLIC RECORDS FOR SOME YEARS, AND LEAVE OUT THOSE PUBLIC RECORDS FOR OTHER YEARS.   

______________________________________________________


_______________________________________________________________________________


01/12/2013

MHAAG <mhaagazette@gmail.com>	Jan 12
to Kathy

Dear Ms. Unger,

Please provide a list Maple Heights businesses (names and addresses) that were/are delinquent in paying their taxes for years 2009, 2010, 2011 and 2012, (include delinquent amount); and also provide a list of the Maple Heights businesses that are exempt from paying taxes.

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

Sincerely,

Elaine Stone

__________________________________________________________________________________


12/19/2012

MHAAG <mhaagazette@gmail.com>	2:04 AM (0 minutes ago)
to Kathy, Maple

Dear Ms. Unger,

Regarding Ms. Vopat and the dance instructor (see August 23, 2012 request: "I am requesting the name of that business, individual, or employee, and a copy of that contract ...."). Ms. Vopat says that the contract was verbal. Regardless whether the contract was verbal or written, please provide the name of the dance instructor, terms and financial agreement between the City of Maple Heights/Ms. Vopat regarding the dance instructor.

Please also provide: if the the dance instructor is a resident of Maple Heights, and is, or is not a Maple Heights public employee.

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

I wish you a joyous Christmas and a Very Happy New Year.

Sincerely,

Elaine Stone

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

12/18/2012

MHAAG <mhaagazette@gmail.com>	10:49 PM
to Kathy, Maple, Eric, Laurie,

Dear Ms. Unger,

In addition to what was requested in the previous email, please provide the date of hire for Mr. Blair Melling.

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

Sincerely,

Elaine Stone

----

MHAAG <mhaagazette@gmail.com>	9:35 PM
to Kathy, Eric, Maple, Laurie

Dear Ms. Unger,

Please provide what the City of Maple Heights actually paid each of the following employees in wages, and what we actually paid in benefits for each of the following employees:

1. John Montello

2. Jeffrey Lansky

3. Blair Melling

For the years: 2009, 2010, 2011, 2012

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

Sincerely,

Elaine Stone

______________________________________________________________________________


12/18/2012

I'm absolutely shocked by the attitudes and behavior of some public employees in the City of Maple Heights.  I guess they think they are the employers and we are the employees.  Let's get this straight right now. I don't appreciate being bullied, and I'm not impressed with doctorate degrees.  What I am impressed with are employees complying with their employer's requests and not picking and choosing what they will provide, and when they will provide public records/information asked for.  There is no consistent behavior by some Maple Heights public employees, or consistent information (that I can see) when providing public records/information.  The inconsistencies and omissions are very troubling.

See Mr. Melling's letters at the bottom of this page.


[SUNSHINE LAWS ARE  REALLY JUST GUIDELINES WHICH STATE WHAT THE MUNICIPALITY/AGENCY MUST PROVIDE IF REQUESTED. IT DOES NOT STOP THAT MUNICIPALITY/AGENCY FROM PROVIDING PUBLIC INFORMATION BEYOND THAT WHICH IS REQUIRED, UNLESS SPECIFIC PRIVACY LAWS, ETC WOULD BE VIOLATED.


Furthermore, the citizens (employers) in  Maple Heights have a right to know if certain federal/state/county/local laws are being complied with, how projects are funded (source of funding), how much every employee is paid hourly and salary/wages, including benefits (especially in a city that is as financially strapped as Maple Heights, where there were over 700 home foreclosure filings in 2012); and also  [a right to know] for statistical purposes, in what city the public employee lives.  The decision to not show the source of funding for projects is suspect, and the decision to leave off ethnic codes  for 2009, 2010, and 2012 is very telling, as is leaving off the date of hire on the 2012 employee list. 

Since there's been much talk of the mayor's salary, as well as his benefits ( and its affect on the city's finances), to leave the salary off the 2012 employee list and to leave John Montello and Mr. Melling completely off the employee list for 2010 (unless they received no wage or salary- and I will be looking into that) and the employee list for 2012 (when they were included on 2009 and 2011) is also troubling. 

See Mr. Melling's responses at the bottom of this page.

Mr. Melling does not get to decide what is compliant or non compliant regarding our requests.  We do.

Many of Maple Heights public employees are non residents, as is Mr. Melling.  Why this is important see HERE]


ES


Note: 

 2007, State of Ohio, Office of the Attorney General - OPINION NO. 2007-026, see page 4

Appendix C 1992-005: A copy of a federal tax form W-2 prepared and maintained by a township as an employer is subject to inspection as a public record. [Ohio Attorney General Opinions Interpreting Ohio's Public Records Act]


See Mr. Melling's response below and responses at the end of this page.

_____________________________________________________________________________

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__________________________________________________________________________________

12/11/2012

MHAAG <mhaagazette@gmail.com>	3:51 AM
to Kathy, Maple,

Dear Ms. Unger,

While the entire list of employees provided has not been totally checked against the August 2011 (fully compliant) employee list that I received last year (provided by Mr. Dean), definitely missing from the lists provided recently was the law director's name, position/job title, whether he is full time or part-time, his hourly rate, 2012 salary, and I also want a copy of his W2 (Wage and Tax Statement) for tax year 2011 (social security number whited out).

Also missing was the mayor's 2012 salary (hourly rate will not suffice), and in addition, a copy of the mayor’s W2 (Wage and Tax Statement) for tax year 2011 (his social security number whited out).

Please provide this information within 10 business days, by either email, or fax, or regular mail.

Further, because the city of Maple Heights did not fully comply with my requests, until such information is provided, there is still and will remain a FAILURE TO FULLY COMPLY regarding public records related to contractors, employees, and the human services department.

The reasons for not providing all the public records/public information requested is unacceptable, and I see as an attempt to conceal possible violations of federal/state/local laws, and, in addition, making it almost impossible to analyze certain pertinent financial information for statistical purposes, as well as come to sound conclusions why this city is suffering financially, and how to improve the situation.

 My degree is in Business/Managerial Economics.

Elaine Stone

[NOTE TO PUBLIC:  THE REASON I INCLUDED MY DEGREE IN THE REQUEST WAS TO INFORM THE READER THAT MY REQUEST WAS NOT FRIVOLOUS, AND THAT I WAS QUALIFIED TO ANALYZE DATA  I WAS NOT SHOWING OFF.]


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12/10/2012

Packages that were either picked up from Maple Heights City Hall or mailed to me regarding requests for public records from  Linda Vopat and John Montello were opened and examined by the Chief Negotiator for the 1977 and 1975 Maple Heights Affirmative Action Agreements, as well as 4 other residents of Maple Heights.  It was determined that the information provided by Linda Vopat and John Montello did not fully comply with what was requested.

In addition, all parties who examined the information saw that a staple was removed from each (2010, and 2012) of the non compliant employee records submitted.

Requests for contractors, etc. (see below) was also not fully complied with. 

So to this date, the city of Maple Heights has not fully complied with requests (and some of these requests go back 6 months).  We are holding these employees responsible, and thus the city of Maple Heights has received a FAILURE TO FULLY COMPLY. 

We are fortunate that we have a fully compliant 8/2011 list of Maple Heights public employees that was provided last year by Eric Dean (Maple Heights Finance Director). 

These individuals work for the residents of Maple Heights.  We pay their salaries. 


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12/7/2012

MHAAG <mhaagazette@gmail.com>	2:40 PM (0 minutes ago)
to Kathy, Eric, Maple

Hi Ms. Unger,

There are a lot of businesses in Maple Heights. How much did each business pay in taxes for 2010 and 2011?

Please reply within the next 10 business days, by email, or fax or regular mail only.

Sincerely,

Elaine Stone

COMPLIED

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12/5/2012

RE: Correction​: Public Records Request - forgot to add date employee was laid off, and exact time period

Kathy Unger	11:30 AM
to me

Received. KMU

From: MHAAG [mailto:mhaagazette@gmail.com]
Sent: Wednesday, December 05, 2012 11:29 AM
To: Kathy Unger
Cc: Laurie Waller
Subject: Correction: Public Records Request - forgot to add date employee was laid off, and exact time period

Hello Ms. Unger,

Please provide a list of employees who have been laid off from January 1, 2008 to present (name, city of residence, title/department, part-time or full-time, ethnic code, salary, hourly wage,date employee was laid off).

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

Sincerely,

Elaine Stone

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12/5/2012

RE: Requests for Public Records

Kathy Unger	11:26 AM (7 minutes ago)
to me

Dear Ms. Stone: Laurie Waller will forward the information to me. Once it is approved by the Law Director, I will get it to you. Thank you, Kathy

From: MHAAG [mailto:mhaagazette@gmail.com]
Sent: Wednesday, December 05, 2012 11:21 AM
To: Kathy Unger
Cc: Laurie Waller
Subject: Requests for Public Records

Hello Ms. Unger,

Please provide a list of employees who have been laid off in the last 4 years (name, city of residence, title/department, part-time or full-time, ethnic code, salary, hourly wage).

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

Sincerely,

Elaine Stone

address, etc removed for privacy reasons

--------------------------------------------------------------------------------------------------------------------------
12/5/2012

Subject: Correction​: Public Records Request - forgot to add date employee was laid off, and exact time period

MHAAG <mhaagazette@gmail.com>	11:28 AM
to Kathy, Laurie,

Hello Ms. Unger,

Please provide a list of employees who have been laid off from January 1, 2008 to present (name, city of residence, title/department, part-time or full-time, ethnic code, salary, hourly wage, date employee was laid off).

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

Sincerely,

Elaine Stone

address/phone removed for privacy reasons

---------------------------------------------------------------------------------------------------------------


11/13/2012
Received a package in the mail from Maple Heights City Hall.  Will open with a third party present and let you know what was in the package. 

----------------------------------------------------------------------------------------------------------------

11/20/2012:
REGARDING PROVIDING CITY CONTRACTS, CONTRACTORS/BUSINESSES, ETHNIC CODE, ETC (SEE AUGUST 2012, AND 11/08/2012) / 11/08/2012 NO RESPONSE/ SINCE AUGUST 2012 FAILURE TO COMPLY

--------------------------------------------------------------------------------------------------------------------

11/6/2012:  EMPLOYEE RECORDS REQUESTED (SEE HERE FOR ORIGINAL REQUESTS)  - FAILURE TO COMPLY (records incomplete and not specific to the request)

---------------------------------------------------------------------------------------------------------------------

10/25/2012

The Director of Human Services, Ms. Vopat, has provided records to which we cannot confirm if complies with requests until sealed envelope is opened with a third neutral party present.

-------                                             -------                              ------


Dated 10/08/2012

MHAAG mhaagazette@gmail.com	10:49 AM
to Eric, Paul,

Hello Ms Unger,

I made a request to Mr. Fussner originally on August 23, 2012 (before that, Ms. Gambosi), who contacted someone named Ed on 9/11/2012; and then Ms. Oglesby (from the Building Department) sent me a fax on October 31, 2012 (asking me to call her) after I had sent Mr. Fussner an email several weeks ago, requesting the information again.

Because I like to be thorough, and I'm sure you do to, I request in writing, and I want a reply in writing (fax, or email, or regular mail only).. Any questions from Maple Heights public employees must be in writing.

Below was my request to Mr. Fussner, and what I request now:

"Please provide a list of contractors used, or businesses (who entered into a legal contract with the city of Maple Heights) 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)."

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

Thank you.

Sincerely,

Elaine Stone

---------------------------------------------------------------------------------------------------------------

Dated:  11/07/2012

MHAAG mhaagazette@gmail.com	1:03 PM
to Laurie, Eric,

Hello Ms. Unger,

If Maple Heights government employees have any questions regarding requests, acceptable correspondence, time period for requests, etc., please refer to all previous email requests that have been public for quite some time.

I've always asked for responses/replies to be given by email, or regular mail, or fax only, within 10 business days. I have copies of all requests and replies, and all records. Attempts to mislead the public are taken very seriously, as are efforts to obstruct.

http://mapleheightsgazette.blogspot.com/2012/08/requests-for-maple-heights-government.html

http://mapleheightsgazette.blogspot.com/p/requests-for-maple-heights-government.html

Elaine Stone

(address removed for privacy)

------------------------------------------------------------------------------------------------------------------

Dated: 11/6/2012

MHAAG mhaagazette@gmail.com	Nov 6 )
to Kathy, Crews, Laurie

Dear Ms. Unger,

After viewing the public records (with a third party) that I picked up today regarding employee records, Maple Heights still has a "FAILURE TO COMPLY".

On August 13, 2012, I emailed Mr. Crews, and a segment of the email is below (Ms. Waller was emailed earlier):

"To be clear: I am requesting records on all City of Maple Heights government employees (need employee status (full time/part-time), employee name, city of residence, job title, hourly rate, salary, sex, ethnic code, employment date) for 2010 and 2012"

I have 2011 and 2009, with all that information.. Again, I need 2010, and 2012.

So, until that information is given, a "FAILURE TO COMPLY" will remain, and we move forward.

As to records provided by Ms. Vopat, I did not examine them (the envelope remains unopened). I always examine records with a third party present.

Elaine Stone

(address removed for privacy)

---------------------------------------------------------------------------------------------------------------

Dated: 11/2/2012

Dear Ms. Stone:

On September 17, 2012, I became the point person for all public record requests in the City. Your request to Laurie Waller was forwarded to me from the law department on September 11, 2012. I also received a copy of the email from Councilman Crews dated August 29, 2012 to Mr. Dean stating that 1) you had asked for the employee records, and 2) that Mr. Crews would let you know that you could pick up the listing at the next Council meeting (September 5, 2012). Mr. Dean gave the list to Mr. Crews with the understanding that he would give it to you per your email request to Mr. Crews on July 29^th. I don’t know if you ever received the list, but in order to satisfy your request, I have an envelope at the Information desk for you to pick up with the information enclosed, as we do not email employee records. There will be no charge. Please feel free to call me anytime with any questions.

Katherine M. Unger, CMC

Clerk of Council

City of Maple Heights

216-587-9000

216-587-9021 fax

-------------------------------------------------------------------------------------------------------------------

Dated 10/25/2012:

"Dear Mr. Fussner,

I've been ill for awhile, so I just saw this email yesterday.  I didn't see any further emails, so please let me know what progress you've made in obtaining those public records I requested.

Thank you,

Elaine Stone

(address removed for privacy reasons)

Maple Hts, OH 44137

Fax: 270.568.3830

   - On Tue, Sep 11, 2012 at 6:21 PM, Paul Fussner <pfussner@mapleheightsohio.com> wrote:

Ed,

Please look and this request and let me know how I can obtain this information from your office so I can respond accordingly.

Paul Fussner

From: MHAAG [mailto:mhaagazette@gmail.com]
Sent: Thursday, August 23, 2012 3:05 PM
To: Paul Fussner
Subject: Re: Records Request

Dear Ms. Fussner,

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

(address removed for privacy reasons)

  - On Thu, Aug 23, 2012 at 11:48 AM, Paul Fussner <pfussner@mapleheightsohio.com> wrote:

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."


-----------------------------------------------------------------------------------------------------------------------


Dated 10/25/2012:

"Dear Ms. Waller,

I've been ill for awhile, so I just noticed your email yesterday.  I'm going to be at city hall to pick up other public records tomorrow, so let me know if tomorrow is okay to pick up those public records I asked for, or if tomorrow is not okay, which specific day (next week) is better. 

If there's a cost for those records, please reply today or tomorrow morning with the amount.

Thank you.

Elaine Stone

(address removed for privacy reasons)

   - On Fri, Aug 31, 2012 at 5:02 PM, Laurie Waller <lwaller@mapleheightsohio.com> wrote:

Dear Elaine Stone:

In response to your request for public documents of employees of the City of Maple Heights, we will make efforts to have this prepared for your purchase and pick-up by the end of next week.

Sincerely,

Laurie T. Waller, IPMA-CP

Director of Human Resources

City of Maple Heights

5353 Lee Road

Maple Heights, Ohio 44137

216.587.9007

lwaller@mapleheightsohio.com"

________________________________________________________________________________



“Requester Choices of Media on Which Copiesare Made

A requester must specify whether he or she would like to inspect the records or obtain copies.

 If the requester asks for copies of the records, he or she has the right to choose the copy medium (paper, film, electronic file, etc.).

The requester can choose to have the record copied: (1) on paper, (2) in the same medium as the public office keeps them,or (3) on any medium upon which the public office or person responsible for the public records determines the record can “reasonably be duplicated as an integral part of the normal operations of the public office…”

______________________________________________________________________________________________________________

B.Rights and Obligations of a Public Office

A public office must organize and maintain its public records so that it may make the records available in response to public requests, and must provide the public access to its records retention schedule. Upon receiving a public records request for specific, existing records, the public office must provide prompt inspection”

__________________________________________________________________________________

"The Freedom of Information Act, or FOIA, is a federal law requiring partial or full disclosure of previously unreleased documents controlled by the government. There are 50 state sunshine laws that apply this idea to the states.

The purpose of the Act is to increase the availability of public records to citizens. Generally, as far as employee information names, sex, race, title and dates of employment for all employees and officers of public bodies are available."



__________________________________________________________________________________

“the public office must actually use the item; otherwise it is not a record.160 The Public Records Act itself does not restrict a public office from releasing non-records, but other laws may prohibit a public officer from releasing certain information in non-records”

___________________________________________________________________________________

The public office must also assist the requester in help in clarifying. 

___________________________________________________________________________________

2007, State of Ohio, Office of the Attorney General - OPINION NO. 2007-026, see page 4


Appendix C 1992-005: A copy of a federal tax form W-2 prepared and maintained by a township as an employer is subject to inspection as a public record. [Ohio Attorney General Opinions Interpreting Ohio's Public Records Act]

 

 

 

REGARDING DANCE INSTRUCTOR- FROM MS VOPAT

--------------------------------------------------------------------------------

View (zoom) at 150% or above.

ALL THE LETTERS BELOW ARE DATED FEBRUARY 4, 2013

REGARDING 1/20 REQUEST: DANCE INSTRUCTOR, STATEMENT PROVIDING WAGE INFORMATION ON LANSKY AND MONTELLO; AND REQUEST FOR RECORDS OF BUSINESSES (DELINQUENT OR EXEMPT IN PAYING CITY TAXES) IS DENIED / Note: I spelled Mr. Melling's full name incorrectly, which prompted the author to state they had no employee by the name of Brian Melling; however, in a 12/18/2012 similar request, the full name of Mr. Melling was spelled correctly.

REGARDING SAME REQUEST _JANUARY 20TH: CLAIMS MY REQUEST RELATED TO DANCE INSTRUCTOR, AND HIS, LANSKY, MONTELLO WAGE REQUEST IS REDUNDANT AND IS THEREFORE DENIED - UNSIGNED  BY MELLING

LETTER REGARDING TAX RECORDS STATING W2s - WHERE HE STATES TAX RECORDS ARE CONFIDENTIAL AND ITS RELEASE IS PROHIBITED [THIS WAS PROBABLY WRITTEN BEFORE HE SAW MY REFERENCE TO APPENDIX C]

Appendix C 1992-005: A copy of a federal tax form W-2 prepared and maintained by a township as an employer is subject to inspection as a public record. [Ohio Attorney General Opinions Interpreting Ohio's Public Records Act]

REGARDING 1/29 REQUEST: STATES CITY DOES NOT MAINTAIN ANY LIST OF, COPIES OF TAX RECORDS REQUESTED, AND [AND HE NOW STATES THAT] IN HIS OPINION TAX RECORDS/RETURNS ARE NOT SUBJECT TO PUBLIC DISCLOSURE  [I'M THINKING, HE HAS NOW SEEN THE REFERENCE I MADE TO APPENDIX C] 

 Appendix C 1992-005: A copy of a federal tax form W-2 prepared and maintained by a township as an employer is subject to inspection as a public record. [Ohio Attorney General Opinions Interpreting Ohio's Public Records Act]

REGARDING 1/29 REQUEST: LETTER REGARDING ORDINANCES RELATED TO WAGES, SALARIES, BENEFITS, ETC

FROM MR MELLING'S OPINION OF SEVERAL OF MY POSTS: See (1) (2)

_________________________________________________________________________________

February 21, 2013:

Mr. Blair Melling's response (above).  Since I made no request for anything on February 19, 2013, I'm assuming he's referencing this request:

MHAAG <mhaagazette@gmail.com>	Feb 17
to Kathy, Maple, JACQUELINE, Crews, JLansky,

Dear Ms. Unger,

I am requesting that all future requested records/documents from the city of Maple Heights be presented on city of Maple Heights stationery, or be stamped with an official city of Maple Heights stamp/seal, or has an official city of Maple Heights label that is difficult to remove.

As it stands now, anyone can state that the record/s/document/s/correspondence presented on plain paper are not from the city of Maple Heights regardless if they came in a city of Maple Heights envelope.

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

Sincerely,

Elaine Stone
---

If there ever came a time when someone wanted clear evidence that a particular record/document came from the city of Maple Heights, and the record/document was on plain paper with nothing to indicate that it came from Maple Heights government (as has been done before, and Mr. Melling has stated will continue), the city of Maple Heights/or their representative could state the document did not come from the city of Maple Heights.  My request is a reasonable request.

Mr. Melling is  about evidence when it comes to protecting Mayor Lansky's, Montello's and his reputation (February 4, 2013 letter).  In my opinion, this looks to me like certain public employees in the city of Maple Heights are trying to cover their own butts. Why else would you not want clear evidence that the document/record did in fact come from Maple Heights government.

I'm also troubled by (again) the February 4, 2013 letter.  If Mr. Melling is so concerned about protecting the reputations of the mayor, himself and Mr. Montello, (in my opinion) he might be reluctant to release documents /records that would reflect badly on himself, the mayor, or Mr. Montello.  I also wonder why Mr. Blair Melling feels it's in his job description to protect the reputations of Mr. Montello, Mayor Lansky, and himself.  If it is in his job description, I think we better remove it now.  Let them pay for their own attorney to protect their "reputations".   

Mr. Melling, Mayor Jeffrey Lansky, and John Montello, are public servants whose salaries are paid by the tax payers in Maple Heights.  The taxpayers are their employers, and I for one, do not want  individuals representing me who won't provide clear evidence that a document/record was from Maple Heights government.   Therefore, I have no trust in the above named individuals. I also would like you to see to whom he sent a copy of his decision. 

Read my request below, and read Mr. Melling's response, and you decide if you feel comfortable with Mr. Melling's response, or even having him continue as assistant law director.  I don't.

_________________________________________________________________________________