Monday, April 14, 2014

Mike Barber Destroys Public Records

Perhaps you remember the last Greensboro City Council Meeting where Councilman Wilkins introduced a resolution to require that all City funded non profits make public the salaries of the top 2 highest paid employees? That debate touched off quite a controversy with Councilman Barber stating during the meeting that lots of people had e-mailed him in opposition to Councilman Wilkins' resolution.

That meeting also touched off a series of blog posts and e-mails between Mr Barber, myself and others that included an e-mail from Mike Barber that appeared to be a deliberate attempt to defame George Hartzman in which Mr Barber wrote:

"George, I know why you are doing this. About 4 meetings ago you were drunk and passed out in the council chambers. I had Officer Franks go wake you, walk you out, and tell you that you could not continue to come to meetings drunk, and leave, drink, and come back. But I also ask him to make sure you didn’t drive, offer you a ride home, and try to insure you avoided arrest.

You think I embarrassed you but I think I did you and your family a favor.
I texted you that night after the meeting to make sure you got home and you did respond. It’s unlikely you will share your response, I also said in my text ” You’re hurting your family, others and yourself.”

Update: It has been confirmed with Officer Franks that Franks did not wake up and escort George Hartzman from City Council Chambers. Resume original post.

The actions of Mr Barber prompted me to submit a number of Public Information Requests to the City of Greensboro. One of those requests was for the e-mails Mr Barber referred to at the City Council meeting (PIRT 3409) and another was for the text messages between Councilman Barber and George Hartzman. And just to be certain Councilman Barber who happens to be an attorney, wouldn't try to hide behind the personal nature of the texts between him and George I informed Sarah Healey of the City of Greensboro that I had George's permission to get the text messages and included George in the list of e-mail recipients.

This morning I got the following response from the City of Greensboro:

"Dear Billy:

Thank you for your recent public records request asking for text messages between Councilman Mike Barber and Mr. George Hartzman on January 21, 2014.

According to public records law, texts may be public records even if they are sent or received on an employee’s or official’s personal device. It is the content of the messages that is determinative.

Text messages are public records if they were made or received as a transaction of public business. The texts you requested have nothing to do with a transaction of public business so they are not deemed a public record.

Please  let me know if you have any additional requests.

Sincerely,
Sarah"

I replied being sure to add Councilman Barber and George Hartzman to the list of recipients:

"Sarah,
It was my understanding that part of the text messages I'm requesting had to do with monies given by the City of Greensboro to the Koury Corporation-- city business.

I've also placed a separate PIRT request asking for e-mails between Councilman Barber and persons objecting to making salaries of non profit managers publicly available. How's that one coming along?

Thanks as always for great work under impossible circumstances.

-Billy"

George Hartzman replied with the following:

"My response was about koury."

I then replied:

"So Councilman Barber is obstructing public records releases. That should play really well with my audience even if I never get the info I asked for."

George replied again adding acting Greensboro City Attorney Tom Carruthers to the list of recipients:

"I was told by Tom Carruthers the texts were deleted by Mr barber, and r unavailable."

And the kicker, from Mike Barber himself:

"Billy, I delete texts as I complete tasks or end conversations like most people.  I currently have about 1/2 dozen open threads, usually with Kennedy, Chase, Mitzi, and a few work items.

George, If you currently have any texts from me, you have my absolute permission to provide them to all bloggers.  If you do not have them, I do not think you are obstructing anything, but handle your texts in a normal fashion and don't keep them for 45 to 60 days.

Again, Please do not copy me on any future emails that you generate.  No reply to this email is necessary or desired."

George has told me he no longer has the texts but then George isn't required by law to keep public records and make them available to the public-- Greensboro City Councilman Mike Barber is required by law to keep and make available all public records.

As to my other request for the e-mails from people opposed to Councilman Wilkins' Transparency resolution? Councilman Barber has yet to reply to that request.

As always, if you don't believe me you may e-mail me at RecycleBill@gmail.com and I will gladly forward you the e-mails. Or you can do a public information request from the City of Greensboro and wait and see if Councilman Barber complies with North Carolina public records laws.

 Update: Tuesday, April 15, 2014 An answer to my request for the e-mails in opposition to making public the salaries of non profit managers comes today:


"Billy:
Here is the email sent from Mary Vigue that alerted Councilman Barber to the issue.
Please let me know if you need anything else.
Sincerely,
Sarah"

I'm thinking Sarah must have cringed when she saw what her bosses expected us to swallow:

From: Vigue, Mary
Sent: Tuesday, April 01, 2014 10:15 AM
To: Westmoreland, Jim
Cc: donnie.turlington@greensboro-nc.gov; Lucas, Len
Subject: Outside Agency Information Request

Good morning,
Greensboro City Council has requested a list of financial information regarding each outside agency that receives funding from the City of Greensboro. We are compiling that list which includes the names and salaries of the top two executives at each organization, along with that organization’s total budget, its total personnel compensation budget, and its total contribution from the City. Please send me the following requested information based on by Friday  April 4, 2014:

·         Names and salaries of the top two executives
·         Total budget
·         Total personnel/compensation budget

 Please let me know if you have any questions. Thank you for your assistance.

 Mary

 Mary Vigue
Interim Assistant City Manager
City Manager's Office
City of Greensboro

My reply:

"Sarah,
Mike Barber stated in the city council meeting that he had received lots of e-mails in opposition to Councilman Wilkins' resolution. Those are the e-mails I'm seeking.
Thanks -Billy"

Anyone who has spent time trying to get public records requests from the City of Greensboro knows that when Mary Vigue becomes involved things start getting obscured. Seems the more the Greensboro City Council talks about transparency the less transparent they become.

Update 3: Wednesday, April 16, 2014 Video evidence of the existence of e-mails Councilman Barber is withholding or a lie stated by the Councilman while exicuting his duties as an elected offical? You decide.


You'll notice Mr Barber used the word "e-mails" plural and not "e-mail" to indicate the singular e-mail sent to me above. Mike Barber is an attourny, attournies are experts at language and its use.