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Archive for the 'Colorado Open Records Act' Category

Cop facing felony charges received $22,000 severance

November 9th, 2012, 11:52 am by

Sydney Huffman

Nineteen Colorado Springs city employees have received a combined $605,000 in severance payouts under the Bach administration.

They include:

Sydney Huffman, a former Colorado Springs police officer accused of fabricating claims that led to jail time and back-to-back trials against a former Manitou Springs policeman who used to date Huffman.

The city gave Huffman a severance payout of $21,956.

“As is often the case, you need to make decisions in the best interest of the organization as a whole and agree to mutually part company,” Laura Neumann, the mayor’s chief of staff, said in a recent interview.

“It was decided by both parties that it was the best solution to a situation,” she said.

Neumann and HR Director Mike Sullivan said they couldn’t provide any other information.

“We’re not able to under the terms of that agreement. We’re just not able to,” Sullivan said.

Huffman and another police officer cost the city $480,000 to settle a claim filed by Huffman’s ex-boyfriend.

In the suit, Jarrott Martinez accused Huffman of coercing Colorado Springs investigators into pursuing four warrants for his arrest — including one issued after Martinez was acquitted in two trials and a district attorney dropped charges in another case. The warrants alleged Martinez committed burglary, domestic violence and sexual assault, among other allegations.

When asked why the city would pay Huffman when she was part of a $480,000 settlement, Sullivan said there was more to the story.

“We are not able to get into those discussions nor should you. We will jeopardize the terms of that agreement that we’ve got here with that employee,” Sullivan said.

Police Chief Pete Carey declined to comment.

“I spoke with Chief Carey, and he advised that a legal, contractual agreement prohibits the city from commenting on this matter,” police spokeswoman Barbara Miller said in an email.

The Gazette obtained the severance payouts under a Colorado Open Records Request. The severance payouts do not include the amount of money that employees received in vacation or sick leave payouts.

Another former city employee who got a severance payout was Jason Lippert, an hourly employee who worked in the mayor’s office.

Lippert, who was paid $25 an hour, or $2,000 every two weeks, is a former fellow at El Pomar Foundation. He who was jokingly referred to as “the assistant to the assistant.”

“He would fit into the category of, we mutually decided to part ways,” Neumann said.

“Some hourly employees … particularly those who were privy to very sensitive information, confidential information, you reach agreements with some of those individuals,” she said.

The city included former Fire Chief Steve Cox in the list of employees who received severance payouts. But Neumann said Cox’s pay wasn’t a severance but more of a retainer to provide consulting services.

Here is the entire list of employees who have received severance payouts under the Bach administration:

CORA request separation packages since June 2011

 

 

 

 

 

 

Quote of the Day

September 13th, 2012, 2:47 pm by

The Colorado Springs City Attorney’s Office maintains that “the city does not have a policy for keeping emails unless the emails are subject to a litigation hold.”

In other words, emails that are subject to public view can be deleted whenever government officials decide — at least according to the city’s legal department.

But former City Councilman Tom Gallagher has a different view.
“I strongly disagree with the premise that there is no such email policy,” Gallagher wrote in the comment section of a story about the city’s policy for keeping emails.
“It is called compliance with state & federal law. I kept every email ever sent to me as a councilmember because they were public records. To hide behind “no official policy” simply affirms the belief that laws do not apply to government.”

Councilman’s emails leaked to The Gazette

September 12th, 2012, 7:15 am by

Bernie Herpin

The Gazette has obtained one of two email exchanges between City Councilman Bernie Herpin and El Paso County Treasurer Bob Balink that Herpin doesn’t want to provide under an open-records act.

The email exchange pertains to a $25,000 water tour that Herpin, along with 73 other elected officials and community leaders, attended at the expense of Colorado Springs Utilities ratepayers.

Here’s Balink’s initial email, sent Sept. 7:

Bernie, there you (they) go again!

Just when I thought I’d get a reprieve from disagreeing with you for a while- there goes another $25 BIG ONES….

…a bus tour and overnight stay at a luxury hotel in Salida to look at the same reservoirs (Turquoise, etc) that were there the last time you went on the water tour?  Really?

I would have used my own gasoline to drive out there and take a few photos to show you the water levels are down a bit. What else can you learn while spending these hard earned taxpayer dollars?

I am discouraged that 74 dignitaries are  doing this and wondering how many, like you, have taken this trip before. Could you let me know?

Meanwhile, be sure to take your camera- the Aspens are turning earlier this year.

Robert C. Balink

Here’s Herpin’s response to Balink:

This is the first tour that I have been on that includes the Southern Delivery System. As a CSU Board member, I believe it was important for me to be on this tour for a couple of reasons:

(1) we make decisions that impact our ratepayers. A recent Gazette article implied that we were not qualified to serve because we don’t know anything about running utilities. So, I go on this tour to learn more and I did. We had a talk on water law while driving by one one the best water attorneys in the state, for example.

(2) We had many elected officials and community and civic leaders who were interested in learning about where our water comes from and how it gets to our city. I was able to meet and interact with these folks.

BTW, I don’t think the Hampton Inn is exactly a “luxury” hotel!

Also, Dougan often states she doesn’t have enough info to make a decision, but she won’t attend things like this and other CSU training sessions.

Sincerely,

Bernie Herpin

Here’s how Balink responded to Herpin’s response:

Thanks for writing Bernie.

You make some decent points- BUT I’d suggest the same could be accomplished with a presentation at a council or utilities meeting before the public. Then we’d all be enlightened.

I’d also suggest if these community “leaders” we’re really interested they should pay their own way.

Glad you got my attempt at humor about the lodging- but isn’t the Hampton Inn at the high end in Salida?

I’ve also spoken about the unnecessary trips to D.C. that too many E.O.s take.

Have a safe trip.

Bob

Herpin reprimands colleagues over leaked emails

September 5th, 2012, 2:51 pm by

Bernie HerpinCity Councilman Bernie Herpin reprimanded his City Council colleagues and three staffers today after The Gazette received a leaked email in which Herpin criticized Mayor Steve Bach.

“Lately, someone has been forwarding council emails to people in the media,” Herpin wrote in an email to City Council members, council Administrator Aimee Cox, council communications specialist Vicki Gomes and two council staffers.

“While I understand there is no expectation of privacy (even given the confidentiality statement at the bottom of my emails) when we send an email, professionalism would dictate that the person forwarding these emails would at least have the courtesy of letting us know so we are not “blindsided” when Chacon calls up and asks for a comment about what was said in an email or it appears in print the next day,” he wrote.

The subject line in the email was: “Really?”

And Herpin forwarded the email to The Gazette.

“PS:  I’ll save you the trouble of forwarding this email to Chacon,” Herpin wrote.

The leaked email that sparked Herpin’s lecture involved the monthly Mayor’s Counsel meetings and discussions among council members about holding them on a quarterly basis. Read more about that story here.

“Recently, (the meetings) have mostly been a chance for the executive to try to get the legislative to do something in front of the media and civic leaders without having to come to council meeting,” Herpin in the leaked email.

 

 

 

City refuses to release $1.15M severance package

May 22nd, 2012, 8:17 am by

Exactly what did the former Memorial Health System Board of Trustees promise former CEO Dr. Larry McEvoy in the $1.15 million separation package?

Colorado Springs residents may never know.

The city is refusing to release the severance agreement, saying it is not open under the Colorado Open Records Act.

The city denied The Gazette’s request for the document.

“We are not able to provide the actual severance agreement (other than the benefits provided and the amount(s) paid) because they are not open under CORA,” Memorial spokeswoman Cari Davis said in an email.

When asked to cite a specific provision under CORA, Davis provided the following reply:

“Personnel file is defined, in part,  as “information maintained because of the employer-employee relationship.”  § 24-72-202 (4.5), C.R.S.

CORA prohibits the City from releasing information that is part of employee’s the personnel file.  § 24-72-204(3)(a), (II)(A), C.R.S. “Personnel files” does not include the “amount paid or benefit provided incident to termination of employment.  Since an employment agreement is maintained because of this employer-employee relationship, it is not open under CORA except for the “amount paid or benefit provided.”

 

 

 

City sends two communications workers packing

March 19th, 2012, 4:28 pm by

Cindy Aubrey

Two employees in the city’s Communications Department were shown the door Friday.

John Leavitt, a well-respected city spokesman who routinely handled open-records requests, and Bill Beagle, the go-to guy for all things SpringsTV, were let go “as part of the organization-wide efforts to pursue efficiencies wherever possible,” Chief Communications Officer Cindy Aubrey said Monday in an email.

“I want to stress that these were budgetary, not performance, decisions,” she said.

Aubrey’s explanation raises more questions since the city budget was approved in December and she hired Laura Benjamin, who volunteered on Mayor Steve Bach’s mayoral campaign, at the end of November.

“Laura has a different skill set and knowledge which she brings to the department,” Aubrey wrote in a follow-up email.

Aubrey also said some programming on SpringsTV Channel 18 will be eliminated.

“Springs TV will continue on – with additional replays of City Council and Planning meetings.  We will however, no longer be producing City vignettes about parks, streets etc.” she wrote.

“We will help City Council upon request for any needs they may have,” Aubrey added.

So, who’s left in the Communications Department and what do they do?

Here are the names and titles of who works there now:

Cindy Aubrey – Chief Communications Officer

Mary Scott – Public Communications Specialist I

Julie Smith – Public Communications Specialist II

Laura Benjamin – Public Communications Specialist II

Dee Brown – Public Communications Specialist II

Mary Webb – Communications Admin

Aubrey provided a job description for each employee.

“I am currently rewriting my job description – and will be absorbing some of John’s duties,” she wrote.

Here are their job descriptions:

Laura Benjamin – Communications Specialist

Key Responsibilities:

Produce online communication and news for the City and the Mayor’s Office which includes:

Writing summations for newsfeed, announcements, social media posts, press releases and citizen responses

Act as the primary web content producer as well as web facilities person for communications

Additional Communication Duties:

Daily releases as assigned by CCO

Develop strong, ongoing relationships with media

Respond to media queries with the use of established messaging

Attend events with the Mayor and City personnel, take pictures and update the public with details.

Public speaking on behalf of the City/Mayor

Assist City Council when needed or asked with communication needs

Provide speaker training and media assistance for all staff upon request

Mary Scott – Communications Specialist

Key Responsibilities:

Daily media releases for assigned departments or as assigned by CCO

Assist Donna Nelson with all things Spirit of the Springs

Organize Spirit of the Springs events- including marketing and publicity

Produce employee profiles for Springs TV

Research and present positive media coverage

Oversee E-Town Hall Meetings

Oversee and direct employee communications

Act as liaison between US Pro Cycling Challenge and City

Media Relations

Develop strong, ongoing relationships with media.  This includes quickly responding to journalist requests for stories etc.

Reaching out to beat reporters, assignment editors and news directors to pitch positive City stories

Internal / Employee Communication

Producing content for the Intranet

Answer questions for employees

Determine the best way to proactively communicate information and processes to department and City employees, employee meetings, brown bag lunches.

Julie Smith – Communications Specialist

Key Responsibilities:

Daily releases for assigned departments or as assigned by CCO

Working to find positive stories to tell about City efforts and the community.

Searching the city (media and any outlets available) for Spirit of the Springs’ candidates to celebrate and recognize.

Working with the Sister Cities Board, write all press releases and act as liaison between the City and the SC board.

Greener Corners

Work as a liaison with Nick Kittle to broaden the Greener Corners for the City.

Press Releases

Daily releases for assigned departments or as assigned by CCO

External Marketing

Assist in marketing efforts for the City.

Graphic Design

Assist all in City who request graphic design from Communications

Dee Brown – Communications Specialist

Key Responsibilities:

Operate cameras for all public meeting tapings and broadcasts including, but not limited to all City Council, formal and informal, Planning Commission,

Answer or direct all citizen remarks/complaints that are directed to City Communications

Act as a back- up editor and videographer for Springs TV

Event Planning

Assist in Event Planning & Implementation: Planning and implementing any events, including Spirit of the Springs, Solution Team events, Town Hall meetings or other events managed through the Mayor’s office.

Mary Webb – Administrative Assistant

Key Responsibilities:

Answer phones

Answer phone in department and forward all media calls to appropriate person.

Communications Budget / Contract Manager

Cindy & Dept Scheduler

Event Planning & Implementation: Assist in planning and implementing any events, including Spirit of the Springs, Solution Team events, Town Hall meetings or other events managed through the Mayor’s office.

Media Relations

Writing External & Internal Communication: Writing thank you notes, letters,

e-mails; responding to citizen and employee queries or complaints, etc.; and ensuring all written communication is on message.

61% of mayor’s meetings held under shroud of secrecy

February 27th, 2012, 8:14 am by

Last month, Mayor Steve Bach told reporters he had “all kinds of discussions all the time” with people who don’t want their names out in public.

He was right.

According to the mayor’s 2012 calendar, about 61 percent of Bach’s meetings are held under a shroud of secrecy.

On Feb. 10, The Gazette requested the mayor’s calendar and/or appointment book for January and February of this year.

The mayor’s Communications Office complied with the open-records request and submitted a response three days later as required by Colorado law.

The office provided Bach’s calendar for January and through Feb. 13.

The calendar shows that Bach had about 132 meetings during that time period.

Of those, about 80 — or 60.6 percent — were with people whose names the Bach administration is hiding.

The analysis included both face-to-face and phone meetings.

In instances where the calendar lists the entry as “Mtgs” or “Phone Mtgs,” two meetings were counted as part of the analysis.

But it’s impossible to tell whether there were more than two meetings during a particular time slot because the calendar doesn’t specify the number.

The analysis did not include meetings of the City Council or the Mayor’s Counsel, which are both posted and open to the public.

Highlights of the mayor’s calendar during the Jan. 1-Feb.13 time period:

Bach has had eight meetings each with Chief of Staff Laura Neumann, City Attorney Chris Melcher and Steve Cox, chief of economic vitality and innovation.

Bach has had seven meetings each with Chief Communications Officer Cindy Aubrey and Donna Nelson, economic vitality and innovation specialist.

He has has two meetings with police Chief Pete Carey and one with fire Chief Rich Brown.

He has had three meetings with his assistant, Brenda Bonn.

He met with former Mayor Lionel Rivera on Jan. 9.

The mayor has had at least five meetings with a “primary employer.” However, the calendar keeps the employer’s identity a secret.

When questioned last month about his calendar,  Bach — who promised transparency when he was running for office — said the city was complying with the open-records law and that if someone saw otherwise, “engage legal counsel and come after us.”

To watch video of the mayor’s remarks, click here. The discussion starts about 6 minutes and 30 seconds into the video.

The city is providing the media “what we think is appropriate in the way of my public meetings,” Bach said last month.

“That’s just the way it is, and I’m sorry that doesn’t satisfy you,” he said.

You want information, mayor? File a CORA

February 24th, 2012, 12:38 pm by

Mayor Steve Bach knows a lot about the Colorado Open Records Act.

Since he took office, he said his office has been inundated with a “tsunami” of open-records requests.

Well, if Jim Kin had his way, the mayor would have to file an open-records request for information he is seeking from the Colorado Springs Urban Renewal Authority.

“If I could take a page from Mayor Bach’s playbook, it’s: ‘You’re going to have to submit a request under the (Colorado) Open Records Act, and you’re going to have to specify what you’re looking for.’ This is not out of character,” Kin, a member of the board, said during Thursday’s meeting at City Hall.

Watch the video here:

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Quote of the Day

February 23rd, 2012, 5:13 pm by

Mayor Steve Bach knows a lot about the Colorado Open Records Act.

Since he took office, he said his office has been inundated with a “tsunami” of open-records requests.

Well, if Jim Kin had his way, the mayor would have to file an open-records request for information he is seeking from the Colorado Springs Urban Renewal Authority.

“If I could take a page from Mayor Bach’s playbook, it’s: ‘You’re going to have to submit a request under the (Colorado) Open Records Act, and you’re going to have to specify what you’re looking for.’ This is not out of character,” Kin, a member of the board, said during Thursday’s meeting at City Hall.

For more information about what’s going on between the mayor and the authority, click here.

 

Bach bemoans ‘tsunami’ of media requests

February 14th, 2012, 4:42 pm by

Mayor Steve Bach says a “tsunami” of open-records requests from The Gazette and the Independent prompted his directive to release open-records requests filed by one news organization to every news outlet in town.

Bach said his directive was not meant to be punitive.

“There’s no intent to penalize anybody,” the mayor said.

“I think it’s an open and transparent approach to making sure that the broadest spectrum of our citizens receive information, and I stand by that,” he said.

Here’s more video from today’s press conference:

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