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It seems that every open records request brings more questions and shown below is a follow up request to the City Attorney for more detailed information. This concerns questions about the 27 attorneys now working for the Legal Department including Allan Wade. Also questions about the 32 Spec-Workforce Dev people listed in the appointed city employee list, each making around $40,000/year. Sunshine is good and healthy and should shine into every corner of local government. April 6, 2005 Ms. Sara Hall City Attorney City of Memphis 125 N Main Memphis, Tennessee 38103 Dear Ms. Hall, I want to thank you, as a taxpayer of the City of Memphis, for your promptness and courtesy in responding to my open records requests. I feel that you have been responsible in helping to open up the system to the public which is very important. Again I would like to inspect the municipal documents, records, letters and communications, both written and in electronic form, that contain information relevant to the following subjects. 1) Your response to my Open Records Request letter of March 9, 2005 raised some questions. The spreadsheet that you furnished showed the following information. a) There were 32 Spec-Workforce Dev people. I would like to inspect the documents and records that show the job description and duties of these 32 people and which show in what departments they work. b) There are 27 attorneys that I can identify on the list. (In the April 13, 2004 list that you gave me, there were 33 attorneys listed). Some I know are in private practice. I want to inspect the documents and records that show the contract or agreement with these attorneys (a list attached) and any other attorneys not shown on the list as attorneys showing which are full time and which are part time and showing all benefits that they receive such as inclusion in the pension system, health insurance, holidays, vacation pay, car allowance, cell phone service and any and all other benefits over and above their salary. c) I want to inspect the documents and records that show the payments to the above list of attorneys over and above their listed salaries for the year 2004 and separately in 2005 including paid and unpaid billings and the payment arrangement and agreement (such as the hourly rate or retainers). What work does the salary cover and how are they paid when and if the work done for the salary is exceeded? d) I want to inspect the documents and records that show the payments to all law firms and /or attorneys that the City of Memphis used in 2004 and separately in 2005, including the firm name and/or the attorney’s name, paid and unpaid billings and the payment arrangement and agreement (such as the hourly rate or retainers). 2) I want to inspect the documents and records that show the policy concerning retired employees showing the benefits that they receive over and above their pension payments. Specifically I want a list of benefits that retirees receive such as health insurance (% paid by City and % paid by retiree), life insurance and any other benefits or perks. Specifically I want to know if appointed employees who retired under the January 2001 pension resolution receive the same benefits as regular civil service employees and if the benefits are the same regardless of the amount of the pension. I also want a copy of the employment brochure listing benefits and rules for City of Memphis Employees and a copy of the retirement brochure listing benefits and rules for City of Memphis retirees. I was told initially, months ago, that these documents were out of print. Hopefully they are now available. 3) In the documents that you furnished, there was a three page list of Pol-Serv Techn (PST) personnel. I want to inspect the documents and records that show the job description and the salaries for this list of employees. Since all such requests must be referred to your office for approval, I trust that you will inform promptly whatever department and personnel are necessary to prepare these documents for my inspection. In accordance with your policy concerning copies and cost of copies, I may want copies of some or all of the documents. Since I assume also that the documents containing the information requested should be available readily on a computer, I should like to inspect the documents on April 25, 2005 at a time on that date of the city’s convenience. If you need additional information or have questions about this request, I am available during working hours at 754-0699. Sincerely yours, Joe Saino 6560 Kirby Forest Cove Memphis, Tennessee 38119  March 23, 2005 A new request for open records information has been sent to Dr. Carol Johnson of the Memphis School System. Click here to see the open records request letter to the Memphis City School System Here is the latest open records request sent on March 16, 2005 to Mr. Joe Lee. Click here to go to the MLGW news site for more MLGW news. March 16, 2005 Mr. Joseph Lee President Memphis Light, Gas and Water 220 South Main Street Memphis, Tennessee 38103 Dear Mr. Lee, As a taxpayer of the City of Memphis I would like to inspect the municipal documents in accordance with the Tennessee Open Records Law that contain the following specific information. 1. The records and documents that show the names, yearly salaries, birth dates, job titles, years of completed creditable service towards retirement for all employees (non bargaining unit employees and bargaining unit employees) making $75,000 per year (total compensation including overtime) or more for the period of March 1, 2004 to March 1, 2005. Also I want to inspect the documents and records that show the memorandum of understanding between MLGW and the union. 2. The records and documents that show which of the above employees listed in item 1 receive car allowances and which receive cell phone services and the cost of car allowances and cell phone services (whether paid for by MLGW or by the City of Memphis) for each person who receive these benefits. 3. The records and documents that show all consulting contracts and agreements between MLGW and any and all consultants from January 1, 2004 until today. I want to examine the cost and payments paid or owing for these contracts during that time period. 4. I want to inspect the documents and records that record the agreements between MLGW and Anderson Williams and separately P. J. Smoot and/or her employing company showing the amount of the contracts for their services, the length of the contracts and the beginning date of the contracts. Also I want to see documents and records verifying MLGW board and City Council approval of these agreements with Williams and Smoot. 5. I want to inspect the documents and records that contain the, salary, job title, duties and cost of the bodyguard/driver, Mr. David Winston who is your bodyguard/driver and who is a member of MLGW security department. If someone else has been assigned to this job, I want to inspect the records and documents concerning this assignment and the name and salary of the person so assigned. 6. I want to inspect the documents and records that show the non bargaining unit management employees that have retired or resigned since June 1, 2004 up to March 1, 2005. These records and documents should show the names, job titles, and date of resignation or retirement. Also I want to inspect the documents and records that show non bargaining unit employees with an annual salary of $75,000 or more who have been reassigned since June 1, 2004 and the job title of the previous job and the job title or the reassigned job. 7. In a memo dated December 3, 2004 called “MLGW in Transformation, you stated that MLGW’s overhead had been reduced by nearly 2 million dollars. I want to inspect the documents and records that show the specific breakdown and savings figures that combined to reach this figure of 2 million dollars in overhead reduction. Also I want to inspect the old organizational chart that existed before you took over and to inspect the new organizational chart in your reorganization plan recently published. 8. Since Water impact on Mississippi is such an important issue, I want to inspect the documents and records that shows what MLGW has done over the last year to work with adjoining states to prevent the recent action by Mississippi. What person at MLGW has taken the lead on these efforts? I trust that you will inform promptly whatever department and personnel are necessary to make these documents ready for my inspection. In accordance with the City policy concerning copies and cost of copies, I may want copies of some or all of the documents after inspection. Since I assume also that the documents containing the information requested should be available readily on a computer, I should like to inspect the documents on Monday, April 4, 2005 at a time on that date at the MLGW’s convenience. If you need additional information or have questions about this request, I am available during working hours at 754-0699. Sincerely yours, Joe Saino 6560 Kirby Forest Cove Memphis, Tennessee 38119 Cc: Members of Memphis City Council Members of Board of MLGW City politicians hide from taxpayers behind your city’s legal department. Sunshine laws dictate that the public’s business should be open to the public. Yet, Memphis City Hall does everything in its power to prevent citizens from getting information to which they are entitled legally, by using the taxpayer-paid city legal department to deny and harass you. • The mayor has decreed that all public requests for information must go through the legal department. Why? Nothing is more legal than the public’s right to information. The legal department should not even be involved. • Concerned Citizens of Memphis (CCM) won its fight against the city legal department for a City Charter Commission. Then city politicians used the legal department and outside attorneys (all of whom are paid by taxes from these same concerned citizens) to fight through chancery court and appellate court to put off the election of the commission members from 2004 until 2007. Why? • One Memphis citizen asked in writing in November to know how much the city had paid in outside legal fees to delay the election. By late January, the city legal department had not provided the information. • After the recent ludicrous raises for city council staff employees, another taxpaying citizen showed up at city hall to obtain a list of city employees, job descriptions and salaries. He was told the request would have to be submitted to the legal department. Why? This is an open matter of public information, not a legal matter. • The mayor was quoted as unhappy that two lawyers in the city legal department now spend their entire time dealing with public requests for information. He wants to lower that cost by reducing the number of requests. Here’s a blinding glimpse of the obvious. Get the legal department out of the issue, and lay off both lawyers. City politicians have delivered the message loud and clear that the city legal department is there to block the public’s right to know. If the legal department doesn’t give information to a citizen, the citizen must then hire a lawyer to sue for the information. The citizen’s lawyer then must fight the city’s lawyers, who the citizen also is paying for. People whose salaries you pay are denying your right to know. What’s up with that? Nothing is more inportant to a good, honest government than transparency of operations. Only when the citizens have confidence that their tax money is being spent wisely and for their benefit will they believe that government is operating honestly. The following is a story of a citizen's attempt to enforce the Tennessee Open Records Law in Memphis. In November of 2004, Joseph N. Saino decided that he wanted to get some information concerning how much the attorney for the Memphis city Council (Allan Wade) had been paid in 2003 and 2004 including his retainer and any hourly billings and also how much had been billed and was as yet unpaid. Also he wanted to know the amount of monthly pension payments that were being paid to people who were already retired under the January 2001 pension resolution allowing elected and appointed officials to retire with their pensions after only 12 years of service regardless of age. He also wanted to know the possible monthly pension of those elected and appointed officials who qualified under the January 2001 pension resolution but had not yet retired. He wrote the following letter to Sara Hall. November 24, 2004 Ms. Sara Hall City Attorney City of Memphis 125 N Main Memphis, Tennessee 38103 Dear Ms. Hall, As a taxpayer of the City of Memphis I would like the following information. 1. How much has Allan Wade and his law firm been paid by the City and by the City Council during the year 2003? 2. How much has Allan Wade and his law firm been paid by the City and by the City Council during the year 2004 up to this date? How much has been billed up to this date but as yet unpaid? 3. Do the above payments include a retainer? How much is the yearly retainer if such exists? The City Council 2004 proposed budget shows one staff attorney but does not show the budget amount from the $1,551.628 proposed expenditures for this service. 4. How much is being paid each month during 2004 in pensions to people that retired under the January 2001 pension change for elected and appointed city officials? 5. What is the future possible monthly liability over and above the money being paid under item 4 if all the people who are qualified under the January 2001 pension change retire after 12 years and start receiving city pensions. I want to thank you for your prompt and timely handling of this request and since I assume most if not all of this information is on the computer, I assume I will receive this information within 15 to 30 days. If you need any additional information about this request, I am available at 7540699. Joseph N. Saino 6560 Kirby Forest Cove Memphis, Tennessee 38119 She responded on November 30, 2004 with the following letter. November 30, 2004 Mr. Joseph N Saino 6560 Kirby forest Cove Memphis, Tennessee 38104 Re: Open Records Request Dear Mr. Saino This will acknowledge receipt of your letter dated November 24, 2004 requesting information about monies paid to Allan Wade and his law firm during 2003 and 2004, to date, as well as any retainer fees. You have also requested information about any pension paid to elected and appointed people, monthly during 2004, who retired under the Janaury 2001 pension change and the future liability, if all the people who are qualified under the January 2001 pension change retire after 12 years and start receiving city pensions. My office is reviewing this matter and will respond as soon as possible regarding your inquiry. Sincerely, Sara L. Hall City Attorney xc: Keith McGee Charles Williamson Lorene Essex Mr. Saino sent another letter on January 3, 2005 and on February 16, 2005 as shown below. January 3, 2005 Ms. Sara Hall City Attorney City of Memphis 125 N. Main Memphis, Tennessee 38103 Dear Ms. Hall, This letter refers to my Sunshine Open Records request of November 24, 2004 which you received and signed for on or before November 30, 2004. Your reply of November 30 said that you would respond as soon as possible. As of this date I have received no further reply or the requested information. I request that you respond with the requested information immediately (this week) in order to avoid further action on my part. As a taxpayer of the City of Memphis, I am entitled to this information under the Tennessee Code as you well know. Thank you for your immediate attention. Regards, Joseph N. Saino 6560 Kirby Forest Cove Memphis, Tennessee 38119 February 16, 2005 Ms. Sara Hall City Attorney City of Memphis 125 N Main Memphis, Tennessee 38103 Dear Ms. Hall, As you know I requested certain information on November 24, 2004 to which you responded on November 30, 2004. I followed up on January 3, 2005 and I have still have not received a reply to my Freedom of Information request. Unless I receive your communication by this Friday, February 18, 2005 that you will furnish the requested information immediately, I plan to file a suit in Chancery Count on Monday, February 21, 2005. Very truly yours, Joseph N. Saino Finally Mr. Saino filed the lawsuit (PRO Se, that is for himself) as shown below. IN THE CHANCERY COURT OF SHELBY COUNTY, TENNESSEE ________________________________________________________________________ JOSEPH N. SAINO, Pro Se Petitioner, v. No.: CITY OF MEMPHIS, by and through its Mayor, WILLIE HERENTON and MEMPHIS CITY COUNCIL, by and through its chairman, EDMUND FORD, Respondents. ________________________________________________________________________ PETITION FOR ACCESS OF PUBLIC RECORDS AND TO OBTAIN JUDICIAL REVIEW OF DENIAL OF ACCESS ________________________________________________________________________ TO THE HONORABLE CHANCELLORS OF THE CHANCERY COURT FOR THE THIRTIETH JUDICIAL DISTRICT: Pursuant to the Tennessee Public Records Act, Tenn. Code Ann. §10-7-503 to 10-7-505, (the “Act”) Petitioner, Joseph N. Saino, petitions this Court for access to certain public records and to obtain judicial review as pertains access to the records, which records pertain to payments made by the City to an attorney for the City of Memphis (hereinafter “City”) and the Memphis City Council (hereinafter “Council”), and, the names of recipients and amount of payments made to all former City employees who are being paid under Article Four of the January 2001 pension change permitting retirement after twelve(12) years of service to certain employees of the City, and, the names of present City employees and amount of monthly future pension payments for which the City could become obligated to pay if all present City Employees who qualify under Article Four of the January 2001 pension change do in fact complete twelve years of service with the City and then retire. Petitioner has not been allowed access to these records, and in support of his position, would state as follows: INTRODUCTORY STATEMENT 1. This action concerns the denial of access to public records in the possession of attorneys, agents and representatives of Council and the City, in particular, Sara Hall, the attorney for the City (hereinafter “Sara Hall’), concerning the expenditure of public money under the authority of both the City and Council in the payment of attorney fees of Allan Wade by retainer, in addition to payments for specific hours billed by said attorney representing the City and the Council, and, names and addresses of recipients and amount of monthly payments made to persons retired from the City under Article Four of the January 2001 pension change and names, addresses, salaries and amount of future monthly pension payments of present City Employees who qualify under Article Four of the January 2001 pension change and who could retire after twelve (12) years of service. The records have been specifically requested of Sara Hall by Petitioner and the records have not been furnished and have not been forthcoming. The City and its legislative arm the Council in their official capacity receive and distribute public funds and spend these funds for attorneys to represent the City and the Council. The pensions are paid with public funds. A request has been made by Petitioner for access to these public records which reflect these payments, and despite requests by Petitioner for access to these public records, Sara Hall has refused to release these records. PARTIES, JURISDICTION AND VENUE This Court has subject matter jurisdiction of the petition, and venue is proper in this court under TCA §10-7-101 et seq., specifically, TCA §10-7-503 and TCA § 10-7-505. 2. The Petitioner, Joseph N. Saino, is a citizen of the City of Memphis, County of Shelby and State of Tennessee. He resides within the city. Petitioner has made requests to exercise his right of personal inspection of these public records pursuant to the Public Records Act, TCA§ 10-7-101 et seq. and, specifically, TCA § 10-7-503. Access to such records has not been granted. These are records to which he as a citizen of the City of Memphis and State of Tennessee is entitled. 3. The City is a duly chartered entity existing on public funds; that records of all activities of its employees and agents, including payments to attorneys, and names of recipients and amounts paid to them and the amount of payment of pension benefits and the names of the current recipients and possible future receipts of the benefits under Article Four of the January 2001 pension change are public records to which Petitioner is entitled to see as a citizen and taxpayer of this City. FACTS 4. Petitioner has made oral and written requests to Sara Hall for access to the records which are either in the possession of or under control of Sara Hall or in the possession of agents and employees under control of Sara Hall. Petitioner has requested the records by letter addressed to Sara Hall, City Attorney, on 24 November 2004 and again on 3 January 2005. A reply from Sara Hall on 30 November 2004 promised a review of the matter and/or a response as soon as possible. A final demand letter dated February 16, 2005 was hand delivered to Ms. Hall. A copy of the letters and response is attached as Exhibits A through D. A formal demand to access of records and documents has been made. 5. Sara Hall has not produced access to the requested public records. Because of the continuing failure of respondents to comply with Petitioner’s requests for access, it has become necessary for the Petitioner to file suit in the court seeking relief. The attorneys and representatives of the City and of the Council have not given access to those records requested by Petitioner. The specific records that the Petitioner has requested are as follows: a. Records which reflect the billings from attorney, Allan Wade and his office made to the City and the Council for services rendered, both as a retainer, whether paid yearly, monthly or otherwise, paid and unpaid, and billings for additional legal services rendered by Allan Wade and records reflecting payment by the City for such services billed over the past five years, and, records to show amounts paid to Allan Wade during this time b. Letter and contracts between the City and Allan Wade for his representation c. Records that reflect the amount budgeted for attorneys to represent the City from the $1,551,628 proposed expenditures d. Records reflecting amounts of payment, names and addresses of retired employees receiving pension or retirement benefits for employees who receive benefits under Article Four of the January 2001 pension change permitting retirement after twelve (12) years of service. e. Records reflecting salaries, names and addresses of present City Employees who could qualify after twelve (12) years under Article Four of the January 2001 pension change permitting retirement after twelve (12) years of service. 7. The records sought by the Petitioner constitute public records under the Act and none of the exceptions to the Act are applicable to these facts. Thus, any failure to allow access by the public, including the Petitioner, to these records constitutes a violation of the Act. 8. The public records sought by the Petitioner are in the actual physical possession of the City and available through Sara Hall’s office or offices of the Council. 9. The Respondents, therefore, have failed to grant Petitioner access to the public records sought and are in violation of the Act and they are willfully failing to disclose such. WHEREFORE, Petitioner, Joseph N. Saino, prays that this Court: 1. Immediately issue an order requiring respondents, City of Memphis and City Council to appear before this Court within ten (10) days and show cause, if any they have, why this petition should not be granted, as provided by Tenn. Code Ann. §10-7-505(b); 2. Grant petitioner a declaratory judgment that all records in the possession of the City of Memphis and the City Council relating to the payment and expenses of attorney fees paid to Allan Wade by the City of Memphis or the City Council within the last five(5) years and the names, addresses and monthly pensions payments of all current recipients and names, addresses and current salaries of possible future recipients of the pension benefits under Article Four of January 2001 pension change of the pension program allowing retirement to persons who after twelve (12) years are entitled to benefits of employment with the City, including but not limited to, the records requested herein, are public records under Tennessee Law and the respondents’ (City of Memphis and City Council), failure to grant access by the public to these public records constitutes a violation of the Tennessee Public Records Act, Tenn. Code Ann. §10-7-505 et seq.; 3. Order respondents to immediately make available to Petitioner for review the above mentioned records and all checks, records, ledgers and every document reflecting fees paid to Allan Wade for legal services which he claims he rendered services or contracts and other binding agreements entered into by the City, or, by the City Council to Allan Wade for services he rendered in the last five years to present; and the names and addresses of the above described recipients of current and possible future pension benefits and the amounts paid to those already retired and the current salaries of those who qualify for future retirement under Article Four of the January 2001 pension change permitting retirement after twelve (12) years of service. 4. Grant petitioner his reasonable costs and attorney fees pursuant to Tenn. Code Ann. §10-7-505(g); 5. Grant petitioner discretionary costs under Tenn. R. Civ. P. 54; 6. Grant petitioner such further relief to which he may be entitled. Respectfully submitted, ______________________________ Joseph N. Saino, Pro Se 6560 Kirby Forest Cove Memphis, TN 38119 Telephone 901-7540699 FIAT To the clerk: Please set this matter for hearing on the ____ of ___________2005 at ______ am/pm This ________ of _____________2005 ______________________________ CHANCELLOR Only after the suit was filed did Mr. Saino finally get a telephone call from an assistant attorney in Ms. Hall's office saying that my letter asked questions and did not ask for specific records. Mr. Saino then asked Mr. Jefferson to send an email explaining what he wanted which is shown below. Dear Mr. Saino, Per your request and in furtherance of our telephone conversation on today, this e-mail simply clarifies observations made by this office in response to your recent lawsuit. Essentially, upon review of the exhibits to your complaint, it appears and you acknowledged that the correspondence presents "questions" and not requests for documents. To the extent that you desire to inspect documents, please be advised that the inspection can be made during normal business hours ( 8:30 a.m. to 5:00 p.m.). To the extent that you desire copies of documents inspected, you will be billed for those copies at the rate of .25 cents per copy. To the extent that you desire the City to retrieve the documents and forward to you, we will do so - - that is, subject to payment of the copying costs and the documents actually being public records. Upon receipt of an appropriate request for inspection and documents, our office will respond. If you have questions, please call me at 576-6614. /s/ Elbert Jefferson, Jr., Deputy City Attorney Mr. Saino then sent the following email. Dear Mr. Jefferson, Thanks you for talking to me this morning. As I understand it you will furnish the following information and records promptly. 1. The total payments to Allan Wade and his law firm from the City Council and the City of Memphis for the years 2004, 2003, 2002, 2001 and 2000. This total to include paid and unpaid hourly billings and billed but unpaid billings and retainers and salary. 2. The names, addresses and current monthly pension payments to all retired employees receiving pension or retirement benefits under the January 2001 pensions change permitting retirement after twelve (12) years of service. 3. The names, addresses and salaries of present City employees who could qualify after twelve (12) years under the January 2001 pension change permitting retirement after twelve (12) years of service. I will look forward to promptly receiving the above information. Regards, Joseph N. Saino It remains to be seen if the City will produce the records and make them public. The above article is an example of how a citizen can force politicians to give you information that you are entitled to without hiring a lawyer. You can go to Chancery Court and file a suit Pro Se (for yourself) and this was done in the above example. Mr. Saino eventually got the information requested without having to go to court and received back his $288.50 filing fee from the City along with an apology. Apparently his determination to file suit changed the City's policy towards freedom of information as others are now getting information without going to court which is the way it should be. Further information can be obtained from the Tennessee Tax Revolt website (www.tntaxrevolt.org). Click here to go to tntaxrevolt.org. | Return Home | MEMPHIS CITY GOVERMMENT NEWS | MEMPHIS CITY COUNCIL NEWS | MLG&W NEWS | MONEY MATTERS | SUNSHINE INFORMATION | TODAYS NEWS AND MAIL | CONTACT US | FAQ Page | SHELBY COUNTY GOVERNMENT | |
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