Steps

And then...

March 16, 2007

Ms. Peggy J. Bourne
City Clerk
City of Great Falls
Civic Center
Great Falls, MT 59401

Re: Electric City Power

Dear Peggy:

Thank you very much for your quick assistance with my inquiries. Enclosed please find our check payable to the City of Great Falls in the amount of $110.50.

Since we seem to be refining the scope of my FOIA request, I thought I had better respond in writing to ensure that we have a written record of our ongoing communications. I think that, in general, your April 14, 2007 [sic] letter, that I received yesterday, reflects our discussions. I would, however, like to clarify certain portions so that we can be sure we are on the ‘same page’ so to speak.

First, with respect to SME’s corporate structure and the City’s relationship, you sent me a vision statement, what appear to be some promotional materials, a company directory, the Articles of Incorporation, and the Bylaws. In addition, I have heard reference to an “operating plan” or “operating agreement.” Does one exist? Are there any agreements among or between the members, or between any members and the corporation? If so, I would like copies of any such agreements. I would also like financial records documenting all capital contributions by the City of Great Falls and, if there are documents that evidence the right to require contributions other than what has already been provided, I would like copies of those as well.

Second, I think your reference to Mr. Lawton and Ms. Balzarini’s files is overly restrictive. As I understand it, the day to day materials including correspondence, notes, etc., are maintained in a reference file in each department or office. I would like the opportunity to review all of these working files related to this project, not just correspondence. Of course, if there is anything they believe is not a public record, they will remove it. I merely ask that they make a note containing a reasonable description of what was withheld and why it was withheld.

Finally, with respect to the drafts of the Development Agreement, I wrote to Mr. Gliko yesterday. I have not yet received a response from him, but I assume that I will be dealing with him on that specific issue from this point forward. Please let me know if I am mistaken.

Other than these issues, I think we are moving forward. Thank you so much for your assistance on this matter.

More to come...