Transcript Start of Responses 1st amendment providers Newkirk Herald

Start of Responses
Slide 1 of 119
“a must read for all”
1st amendment providers
Newkirk Herald
North Central Reporter
Get Real Cable
T4T
PC News
1
All have been complaining
about violations to Mark Gibson
and SEVERAL filed charges
with Fred LaValley.
2
Get Real Cable has a duty to
make public possible violations.
If no newspaper, TV station, nor
reporters were allowed.
3
What would happen?
1st Amendment holders like
Get Real Cable
North Central Reporter and T4T,
“are just that”,
“we have a duty”
4
80 questions were brought
forward!
80 !!!
All carried felony, misdemeanor, or
removal from office.
5
The grand jury said we have limited
authority, we can not
act on criminal cases already tried or
being tried in court,
we can not act matters that are civil in
nature, and we have no jurisdiction
regarding whether a public official
always acts or behaves in the best
interest of citizens.
6
Also, the grand jury system
should not be used to influence
or replace the civil process of the
judicial system.
7
Each and every civil case costs
10 of thousands of dollars.
this is why the grand jury was
called.
8
I have already spent over
$250,000.00. Now they advise
us to spend millions.
There are people who have spent
years working on this, they were
not even called.
9
This is what they told the City and its
Trusts.
Make sure that notice of any and all
meetings of public bodies be posted, as
required by law, that all agendas of
public meetings be specific, and all open
meetings be held in locations accessible
to the public, and use executive sessions
sparingly.
10
So they admit the law is being
broken, say they cant do anything,
as instructed by DA’s, and spent a
couple of days reading all 80
complaints.
They are right about one thing,
what a waste of our time!
11
4 dealt with Get Real Cable.
Actually they were for you!
My fight is about YOU!
AND NOW its about my
1st amendment rights and due
process!
12
Its ironic how my battle to not
have you overcharged for
Franchise fees. And keeping
prices low. Has turned into me
being the bad guy and them
trying to run me out of town.
I will not budge on doing
something I believe is illegal.
13
Franchise fees for Cable TV,
are fees and not a voted in tax,
all taxes must be voted upon.
“no taxation without
representation” I am your
representative and this is not a
legal tax.
14
Cox had City Sales Tax on there
bill for the past 10 years, did you
vote this tax in.
NO !
15
YOU have paid over
$150,000.00
in taxes not voted in.
16
I have refused, and I did not pay
these fees, or bill them to my
customers. I still believe they
are not entitled to them.
17
YOU voted me in in 1998, you
trusted me then, and you must
trust me now! Please I have done
what I said I was going to do.
YOU set back and watched us
succeed some wanted me to fail,
most gave their full support.
18
ONLY a few are AFTER ME,
AND now the tables will turn!
19
I will bring most of the issues
out, and they will try
to destroy me and
our 1st amendment rights.
Its just how they work!
20
You may be shocked
on what I have to say,
and your right.
21
You may know these people, or
thought you knew these people,
and trusted them as I did.
At first, I too did not believe
anything, but, after a careful
study I know for a fact that we
have a big problem.
22
In 1975 a Grand Jury was called.
56 questions, 24 witnesses, and 12
days of study.
One indictment was brought.
The judge said “ You might liken
this to taking an X-Ray for
tuberculosis and finding it
negative. You are still glad you
had the X-Ray.”
23
In this 75 grand jury neither DA
was in the courtroom unless
asked by the jury to define
certain legal points. This is the
LAW, they cannot ask or assist.
24
The Law Reads
“In no event shall the grand
jury be advised as to the
sufficiency or insufficiency of
the evidence necessary to
return a true bill, in a matter
under investigation before
them”
25
This 2008 Grand Jury
only called 3 of the witnesses
whom filled complaints. The
North Central Reporter was not
even called, nor the other
complainants, and the DA asked
most of the questions. This was legal
only if the Attorney General appointed them.
26
A multi-county grand jury was
being introduced to the house
floor in 1975.
“a sign of the times”
the DA said
he also said,
“he would oppose it”
27
The 75 grand jury made the same
remarks as did today's grand jury.
Without the personal attacks.
We recommend to all citizens of this county that just as there
are certain responsibilities and special trust of government
officials to the public, there is a corresponding responsibility
and trust of the individual citizens to exhaust private
individual or organized remedies available to all citizens
28
Remedies were sought!
Questions were sought in the
grand jury of 2004, Newkirk
Herald sent numerous letters, and
printed many stories, and North
Central Reporter, also sent letters
and reported over and over.
29
Citizens groups fought against
this also, and in 2008 Get Real
Cable joined in the fight. Ponca
City News also has reported
numerous complaints.
30
Do you believe we are all wrong?
Or could there be
a major problem?
31
In 2005 Enid DA’s had 112
charges on public officials, but
would not file, “saying it was in
the public interest not to peruse
charges”.
Where was our DA?
Who was our DA?
Mark Gibson
32
The reporter with the Newkirk
paper, worked on this for years,
until his massive quadruple
bypass.
33
Korina owner of the North Central
Reporter wrote many stories and
was threatened. This threat was
also printed, and you need to read
her story last week on page 8.
“Clue Me In”
34
Sharon Rowen reporter with PC
News is a trusted reporter, and
deserves an award.
35
Ponca City News
broke the story on Cimarron
Broadband for not having open
meeting. They met illegally at
Carl Renfros Bank. Senator
Myers son, Craig Myers headed
up this project. 7.5 million in
schools funds were spent. “For
internet”
Federal monies which are now being
used to target independent operators.
36
Lets look at a
few of the
issues!
37
City policy says the City may not
spend over $2,000.00 without 3
separate written quotations.
38
City Charter says they must bid
anything over $5,000.00.
“All contracts involving an expenditure
of $5,000.00 or more, shall be made by the
City Council only after the Council shall first
procured specifications therefore, an before
any such contract is made the Council must
cause a notice to be published in the official
city paper, calling for sealed bids.
39
How many bids have you seen
published over the past 10 years?
And, how many purchases have
they made over $5,000.00?
Answer is over a Thousand.
40
This isn't small stuff, and it adds
up to millions, and its impossible
to calculate overpayments and
waste.
41
In 1981 the City quit posting its
itemized payments in the local
newspaper.
WHY!!!
This practice should be brought
back!
For the City and all its Trusts.
42
The City is required by law (our
Charter) to get the peoples permission if
its is going into debt on any purchase of
$25,000 or more.
This includes giving approval for its
Trust on anything over $25,000.00.
When is the last time you voted to
approve anything over $25,000.00
answer: 10 years +, with exception to
the new taxes and school.
43
Duty of City Attorney
City Charter
It is hereby made the duty of the City
Attorney in all cases of arrest for
violation of the City ordinances and
this Charter to immediately cause to
be filed before the Municipal judge a
complaint in writing against such
accused person, and the accused person
must thereupon be arraigned forthwith
before the Municipal Judge for his plea.
44
Authority of City Council
City Charter
The City Council is hereby
vested with power …to Grant
Pardons in all cases arising out
of convictions occurring before
the Municipal Judge.
45
OK, so we inform City Attorney
Mary Ann Karnes a violation has
occurred, that’s like telling District
Attorney Mark Gibson that
Oklahoma Law has been broken in
Kay County.
“fox guarding the hen house”
and the Chief of Police works for the
City, and will not file the complaints
with the city attorney.
46
Example
The City collected hundreds of fines above the legal
amount, ($50.00) + 15.00 court costs.
Mary Ann Karnes was hired by the city
commissioners on March 14th 2003 to get the city
legal. They knew they were collecting fines
illegally. A judge put a stop to it on Feb. 6th 2007.
Illegal amount were collected for over 10 years.
Each and every violation caries a felony charge.
Statue of limitations runs after two years, so if you
were fined over $65.00 between Jan 1st 2007 and
Feb 6th 2007 you can file felony charges. The rest
of you, ask for your money back.
Title 11 section 14-109 and 14-111
47
Hundreds of these overcharges
were submitted to the grand jury,
however they asked if Jessica
personally got a ticket and since
she had not, they said she was
not personally harmed, and
ignored this question.
That’s the same as witnessing a murder and
the judge asking, did you know the person
killed, I answer no, and him telling me well
48
your testimony doesn't count.
1979 OK 164
SUPREME Court of Oklahoma
“A grand jury’s power to make an
inquest into the conduct of a public
office and return an ouster accusation
is implied from its constitutional grant
of power to inquire into”, “all
character and grades of crime”
49
New topic
Did the City of Blackwell unlawfully
spend funds in excess of the amount
allowed by the City Charter, without the
vote of the people.
Three of many examples
Fire truck $175,000.00
Street Sweeper $125,000.00
building $35,000.00
50
The City tries to claim they have
a lease purchase, and that they
can spend $25,000 per year for a
single item.
Lets read the Charter…
51
(1) Exercise of such power by the City
Council to purchase or sell real or
personal property is subject to the
requirement and condition that the sale of
any property, real or personal, or of any
interest therein the value of which is
more than $25,000.00, shall be made
only after the question of such purchase
or sale, as the case may be, has been first
submitted to the vote of qualified
elector of said city at an election held for
that purpose.
52
It says any purchase of over
$25,000 must be voted by the
people. It does not say per year
anywhere. It says value of which
is more than $25,000.00
Must be voted.
PERIOD
53
Now the City will tell you!
Blackwell Municipal Authority
bought it, we’re a State Trust.
This is true!
However, the City (us) we are
the beneficiary, not the State. So
they have several problems.
54
st
1
is dual office holdings. The
City Commissioners are the same
people on the Blackwell
Municipal Authority.
There are no checks and balances
in other words.
55
2nd When any of the City’s trusts
buy property or equipment it must
be voted in by 2/3 majority vote of
the beneficiaries (the city council).
They may not approve anything
over a value of $25,000.00
because if the trust fails to pay its
obligations, we the benefactors
pay for it.
56
What occurs is the BIA requests
money each year from the City,
last year was $70,000.00 if the
BIA makes bad decisions we the
Tax Payers pay in higher utilities
rates. This safe guard was added
for a reason don’t take lightly.
57
Right now the BIA is 1.5 million
in debt not including the New
School.
The BMA is 10 million + in Debt.
This is only 2 of the many City
Trusts.
58
Today you owe $15 million +
this includes the School.
59
The City officials mislead you in
a newspaper add, stating they
only owed $250,000.
What else are they lying
(misleading) us about?
60
Well they also tried to tell us that
they stopped the contamination
deeds from being put on your
property.
Total LIE!
61
Last year the City paid the
environmental Lawyers over
$300,000.00, which was
reimbursed back to the city by
Phelps Dodge.
62
Those funds have not been
disclosed on the budget which is a
violation, and they have never
filled an amended budget with the
State, also a violation.
63
The City has been given millions
from Phelps Dodge,
over 75%
went to Attorney and Engineer
fees.
64
Is this why they are
helping Phelps Dodge
and not the 1500
citizens who have
joined the law suit
against Phelps Dodge.
65
In a Confidential letter dated
th
May 18 1993
from the EPA to
Blackwell Zinc Co.
“The surface water and the soil
exposure pathway received a
maximum pathway score of
100, and the overall site score is
70.71”
66
A score of 28.5 allows for the
Site to be put on the National
Priority List. (Superfund)
The city fought against this.
The town itself is not on any
EPA clean up list, only the BIA
Smelter Park is.
It’s strictly voluntary.
We need to change this!
67
The real clean in our town could
cost 35 million easy. We will
never get all the contamination.
The City and their attorneys, who
get paid indirectly from Phelps
Dodge. Tried to settle for less
than two million. Then make you
responsible, Your City did sign it.
Bechtel, Cordell, and Wartz are still on the board.
68
This Settlement Reads_in short
The City fully and forever releases,
discharges and covenants not to sue
BZC, CAMC, and PDC
the city shall receive $131,000 to fund
the replacement of the Fourth Street
Sewer line, and the lining of the Legion
Park, plus will put $590,400 into escrow
for expenses, and pay attorney fees.
That’s it $720,400.00 + attorney fees
69
BIA would get $875,000 cash, to
say the site was clean.
City would get $720,400.00
Chamber was to get money, that
dollar amount is unknown.
They were all to say the site
was clean and support the
ground water remediation and
place intuitional controls on
your property.
70
The GRU
Ground Water Remediation Unit
This pump and system has to operate for
up to 100 years. Care to guess who is
paying.
Did you know law says that the City
must bill the responsible party, if we
settle who is the responsible party?
DON’T BE FOOLED
71
Phelps Dodge has paid to the
City
$ 1,146,886.25 Attorney Fees
$ 452,423.93 Engineer Fees
$ 146,000.00 actual clean-up
72
Dec. 1999 Phelps Dodge buys Cyprus Amex
July 31st 2000 Willis resigns as City Engineer
goes to contract engineer.
August 11th 2000 Phelps Dodge gives City its
first check for $380,000.00. For costs and
expenses.
So far $2,162,665.37 has been given to City,
you will not find that in the Budget.
*Fund 131* it should be totally separate
73
The BIA who is named in the
Law Suit “are right now” trying
to Settle, whereas the BIA will
get a 1 million dollar insurance
policy if sued from Phelps
Dodge.
Hey guys you are being sued.
this must be stopped. One
million is nonsense,
74
Read this carefully!
Actual minutes of BIA meeting September
18th 2006
David Page, the environmental attorney for
the City and the BIA said it was in the best
interest of the BIA to come out and say they
believe the property has been remediated and
is in the community’s best interest as well as
the BIA’s best interest. The BIA will receive
$875,000.00 from Phelps Dodge under the
Settlement Agreement for industrial
development.
75
The OATH of office is to protect
the public, not what they just did.
The City, the BMA, the BIA, and
Chamber agreed to take money in
2006 and place the burden on the
taxpayers.
76
The City then passed institutional
controls designed to fine you out
of your home if you did not clean
up your own property.
And this is a mild statement!!
77
You would have been afraid to
ever challenge the city, or
disagree with the reports from
the clean-up results. Thank God
for Dale Dewitt and the Citizens
group who stood up for you,
78
The problem is the City and BIA
has attempted to conceal the
contamination that is claiming
many many lives, and this
includes Julies, it has left them
responsible and maybe personally
responsible, and has put all of us
at risk of paying for the clean-up
and risked our lives.
79
This information, was not to get
out.
Could this be the leading cause
for my clash with the City.
I turned them in, in 1981 for
dumping PCB’s illegally too.
80
No land in Blackwell will pass
the EPA standards.
Which are
3.9ppm Arsenic not 50ppm,
2ppm Cadmium not 75ppm,
400ppm lead for kids not 750
Don’t be fooled as your City
would tell you.
81
-And by the WAYDid you know Shane Fry is cochairman of the legislative
committee of OEDC
(Oklahoma Eminent Domain
Committee), and the BIA donates
money to them.
Eminent Domain is what they use
to take away your property.
82
The whole town of Pitcher (Tar
Creek) Oklahoma was moved and
they scored a 58.15
We scored a 70.71 and 100 on
pathway surface water and soil.
But that was kept secret.
(confidential)
*EPA sent us the copy*
st
1 amendment rights
83
What else you do not know.
Is that we would be ranked #14
in the USA on the Superfund EPA
clean-up, according to the
ranking on Scorecard.
But we were kept off the list.
We’re now a Brownfield's Site.
84
Scorecard
Oklahoma
*Blackwell 70.71*
Tar Creek 58.15
Hardage 51.01
Bartlesville 50.00
Caddo 46.01
Tinker 42.24
Mosley landfill 38.06
85
And the grand jury did not say the
City and its Trusts got a clean bill
of health.
They said they could not legally
indict them if there were still civil
actions that could remedy the
situations. (emphasis added)
86
There recommendations were to
vote them out of office. And sue
civilly.
The only newspaper that printed
the actual findings was the North
Central Reporter.
87
Now for the briefs of about 12 of
the 80 questions.
Only 5 have been covered so far.
88
1. Sally Norris’s Employment
Contract granted her more
powers then what was allowed
under the City Charter. This was
also true for Mike Jeffers’
Contract. City Charter says the
City Managers duties are to see
that the laws and ordinances are
enforced.
89
2. Duel Office holding provisions of 11
O.S. § 38-118 and 51 O.S. § 6 when Sally
Norris served as City Manager, Manager
of the Blackwell Municipal Authority and
Treasurer of the OMPA, a trust
(Authority) for the State of Oklahoma.
We buy our power from this same
company. We need a bid from
OG&E to see how much we could
save, it could be millions per year.
90
3. Violation of the Public
Competitive Bidding Act of 1974
when the BIA approve the bids
of relatives in the 1st degree.
91
4. Violation of 1st Amendment through
threat, when the Chamber of Commerce
left a note inside the booth of the
Taxpayers for Transparency LLC
group. This note was place inside the
booth, after the Kay Co. Fair was
closed. The note advised the group not
to announce or advertise their Grand
Jury Petition over Channel 95.
92
5. Violations of Civil Rights though the
use of “Selective Enforcement”. During
the Campaign to stop the proposed
amendment changes in August 2008, the
City of Blackwell informed the Code
Enforcement Officer to remove
Taxpayers for Transparency’s campaign
signs. These Vote NO signs were put up
on Friday evening and torn down first
thing Monday morning. No other signs
had been removed for years prior.
93
6. Did the City Commit Voter Fraud
when Mary Ann Karnes, Don Shandy
and City Commissioners lied in a
campaign ad Titled Don’t be Fooled
during the August 2008 election, to
influence voters into believing things
which were not true, and defame
Taxpayers to win the election.
94
7. Misuse of Special Meetings and
Executive Sessions. The City of
Blackwell in 2007 spent 15 hours
(29%) of their discussions in Regular
Meetings and 38 hours (71%) during
Special Meetings and Executive
Sessions. Special Meeting have limited
setting for the public and Executive
Sessions…Well your just not invited.
95
8. Violation of the Open
Meetings Act when they hired
Mike Jeffers without discussion
during Regular Meeting.
96
9. Violations of Open Meetings
Act when the City of Blackwell
did not post there meeting were
citizens could view the agendas.
Law requires a 48 hr notice.
Must be viewable 24 hrs a day.
Not only business hours of the
City. This has been going on for
10 years.
97
10. Conflict of Interest 60 O.S. §
178.8, when Piccola Hudsonpiller
was allowed to serve as
Commissioner when she sat on the
Tourism Board, to be legal she
must quit one of them. Its just a
law. She voted no to her tourism
budget and then voted yes at the
City Commission meeting.
98
11. The Blackwell Municipal
Authority violated 74 O.S. § 85.7 of
the Central Purchasing Act and 61
O.S. § 103 of the Public Competitive
Bidding Act when it hired the
Municipal Finance Services, INC. to
help with their Series 2006 Bonds
without bidding out their services.
Cost was $23,250.
99
12. Did Mark Gibson violated his
oath of office when he ignored
the complaints of several citizens
and news organizations, that the
City of Blackwell was not
complying with the Open
Meetings and Open Records Acts.
100
Only a handful of issues have
been looked at here, and some are
petty, but none the less they are
laws and they are to be followed.
101
There is no agency to file a
complaint with, so it is left up to
1st amendment providers to
provide the news, and the citizens
must vote.
102
We have two council seats up for
grabs come April 2009.
103
We have some very serious
issues!
It all seems to go back to five
persons, the property of the Zinc
Smelter site, and there still
around, as is this contamination.
“CERCLA” Look it up
104
This site is still littered with
debris and it flows into the
creeks that run thru town.
You don’t wash your car from
the bottom up.
105
I picked up a couple odd looking
rocks, that any kid might collect,
and had them analyzed, the test
showed them to contain
15.2 ppm arsenic
26.0 ppm Cadmium
13x the safe limit set by EPA
*please be careful*
106
The only answer is to cap the site
with solid concrete, and then we
can have a race track, and the
biggest skate park, that might
attract the tourist, and give the
tourism folks something to do.
107
But there are some hard choices for a
few people.
Mike Loftis needs to resign from the BIA, because
he sold goods (dirt from his farm ground) to Phelps
Dodge, then later voted to say the smelter site was
clean. He also sells insurance to the City of
Blackwell, and the BIA. The City must go out for
bids on this. NO bids for years is illegal.
The AG opinion states that if the City is Governed
by a charter it must follow it.
108
Next would be Ross Cline, also
must resign from the BIA even
though you did not vote for your
son to receive the loans from the
BIA for G&C Concrete, he knew
the remediation plan to cap the
site. Approved option was a
concrete or asphalt cap.
109
Darrell Grosshart contracts for
your son, just looks bad. Just do
your jail board correct. No $40k
from Joe. That just looked bad.
110
Shane Fry, you ran around trying
to stop the Denton's from putting
in a landfill site, then planned to
put in your own reclamation
center (fancy name for land fill)
“just plain wrong”
111
Bruce Dale you signed notes to
the bank saying that site was
clean, other than that. Stop the
settlement, do what is right.
112
Buying a 160 acres for
$472,000.00 State law requires
three separate appraisers, there is
good reason for this.
113
The railroad
the settlement
the contamination
the self dealings
the open meeting, open record
the TIF – eminent domain
the land
The appearance is you are
working for them.
114
The City Council
We joke and call it the
“i club”
every vote i-i-i-i-i
no discussion
115
In fairness they call us the
CAVE people.
(citizens against virtually
everything)
116
Truly we are not, but we are
against, stupid things, like a
$190,000.00 building at the fair
grounds, $30,000 in engineering
costs for a pre-fab building.
Violations of every kind and no
openness and rudeness, and self
dealing, again a lot relates to
Blackwell Zinc. Fund 131
117
Oct 24th 2008
Kay County Discredited attorney Mark
Gibson said five OSBI agent are working on
the missing 10 of thousands missing from my
safe,
So Mark how much has this one cost, lets talk
about wasted money.
Heck, we only got one OSBI officer.
Besides he was already there!
118
End
The BIA is being sued, if they
can not get Phelps Dodge to
pony up a rightful amount we
the taxpayers will forever loose.
If we allow them to do what they
plan on doing we lost.
Stand-up now!
119