BLISS BACKS FOIA FIGHT

Rosalynn Bliss, candidate for the 2nd Ward city commission seat, phoned us last Friday to give us her support of our Freedom of Information act battle with the City Attorney's office (as described below).  Bliss contacted us in response to the FOIA survey we sent to all of the candidates for Grand Rapids city commission seats.  The others, Bliss's opponents Shaula Johnston and the two 1st Ward candidates, James Jendrasiak and Dave Shaffer, did not reply.

Bliss's support for us puts her at odds with her political mentor, Mayor George Heartwell, who had publicly slandered two of the people seeking release of the public records Assistant City Attorney Daniel Ophoff is holding back as con-artists trying to subvert state law.  Good for Bliss, especially because our cause is despised not just by the mayor but most of the big names here in town.  Maybe she has the genuine political courage that is sorely lacking in the current City Commission.

For your edification, dear readers, the text of the survey we sent to Bliss and the others is below:

The Local Area Watch monitors local government bodies and other public institutions for conflicts of interest, misfeasance, and violations of professional standards.  We report our findings to the public through our website, www.localareawatch.org.  As a part of our mission we have been tracking the compliance of the City of Grand Rapids with state laws, in particular the Freedom of Information Act (FOIA), that enforce the policy of open government.  FOIA is specific in its purpose:  “The people shall be informed so that they may fully participate in the democratic process.”

Unfortunately, we have learned that the City department responsible for compliance with FOIA, the City Attorney’s office, has vigorously obstructed requests for public records which may embarrass City staff or elected officials if disclosed.  In the past the City Attorney’s office has even destroyed records to prevent their release.  Instead of overseeing the City Attorney staff, the City Commission has rubberstamped their decisions.  In one instance, Mayor Heartwell, Commissioner Jendrasiak, and Commissioner Dean blindly signed off on a formal finding put before them by Assistant City Attorney Daniel Ophoff that two ordinary citizens who had made a FOIA request opposed by the City Attorney’s office were engaged in a dishonest act of “subterfuge” to subvert state law.  The fact that the charge was absurd on its face and has exposed the City of Grand Rapids to a defamation lawsuit was never given a second thought.

So we have a problem.  Open government is a cornerstone of governance in this state, and our City officials have demonstrated disregard for FOIA, a key statute enforcing that policy.  To correct this, the Local Area Watch is supporting a Freedom of Information Act complaint filed in Kent County Circuit Court against the City of Grand Rapids.  A copy of the complaint is enclosed.  We are asking for your response as a candidate for the City Commission, so that we may report to our readers how you will guarantee the residents and taxpayers of Grand Rapids unobstructed access to the decisions and affairs of their city government.  We are specifically interested in learning whether or not you believe there is chronic problem with the City government’s compliance with FOIA, as illustrated by the enclosed complaint, and if so, how you would address that problem as a City Commissioner.

Please respond by letter, fax, or e-mail by September 2, 2005.  We thank you in advance for your attention to this concern of ours.