A second, full-time job...Pt. 4

I received a response (earlier posts here, here, and here) from Peggy Bourne yesterday:

As always it is a pleasure to hear from you and I'm glad you are making your way through the documents you've received. Here are responses to the outstanding requests.

1. No other documentation for the first two contributions in the amounts $213,357.20 and $250,000 was attached to the wire transfer form. However, in reviewing the documentation attached to the other wire transfer forms I see that the attachments consist of an agenda report authorizing the expenditures generally and a spreadsheet documenting where we are at with the spend down. That same documentation should and could apply to the first two expenditures you mentioned.

2. You had also requested a copy of the rules of operation and the schedule of rates, charges and classifications. I am unable to provide those to you at this time because they have yet to be formally adopted by Commission resolution. I understand Staff is working on them and will present them to Electric City Power Inc and then to the City Commission as is required by our ordinance.

These are the only two items I had on my "things to get for Gregg Smith" list. Did I miss any? Please let me know if there are.

As always- I'm here if you have any other questions or requests.

Sincerely,

Peggy

I responded this morning:

Hi Peggy,

Thanks for your help on this.

Regarding the documentation for the contributions, I am not necessarily looking for what we attached to the wire transfer form. I am looking for information provided by SME to substantiate the request for payment of additional capital. For example, if you consider the March 14, 2006, contribution, we initially received a "Project Draw Request" from SME. This document contained information supporting SME's need for funds.

I am assuming that someone from SME did not simply call the City and say "we need $213,357.20," and "we need $250,000.00." Someone must have provided some documentation to support the City's contributions of over $400,000.00. I am seeking copies of that.

Can I assume that the rules of operation and schedules of rates, charges and classifications are being refused under the City's claimed exception for preliminary drafts? Was this work in progress at the time of our inquiry, or was it started in response thereto?

Finally, it does seem that we are getting close to completely satisfying my requests, with two exceptions. First, since I have not been through all of the materials you have provided yet, I cannot affirm they are complete.

Second, I am not convinced I have been provided with a complete copy of all correspondence, emails, etc., regarding the project. Since this information is maintained by the individual departments, and since you are provided access to it only as determined by the department heads (in this case, Mr. Lawton and Ms. Balzarini), I am not sure you have the ability to produce the information in light of the department heads' failure or refusal to provide it to you. I am presently considering alternative avenues of obtaining this correspondence since it seems you and I have reached a dead end. I do not blame you for that, but neither do I believe this impasse represents a good faith effort to comply with the letter or spirit of the law by certain City officials.

Thanks again, and I look forward to hearing from you.