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Posted on Tue, Sep 22, 2009 : 5:59 a.m.

Ann Arbor City Council rejects proposal to create online database of e-mails between council members

By Ryan J. Stanton

Sabra Briere and Mike Anglin joined forces Monday night, proposing the creation of an online database of e-mails exchanged between Ann Arbor City Council members dating "as far back as records of these communications still exist."

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Several residents carried signs Monday night in support of Council member Mike Anglin's idea to create a database of past e-mail exchanges between council members. Ryan J. Stanton | AnnArbor.com

If the crowded room in Ann Arbor's city hall were the jury, the verdict would be to release the e-mails.

"I think it's self-evident to all of us here that people who don't have anything to hide don't hide anything," Ann Arbor resident Andrew Ryer told council members as several citizens in the audience held up signs in support of releasing the e-mails.

Briere and Anglin said rapid disclosure of all electronic communications would help restore public confidence in city government. But their peers on the City Council balked at the estimated cost to dedicate city staff time to retrieving the e-mails and creating the database: $33,000 to $45,000.

Council members chose not to spend thousands of dollars "looking backward" and instead voted 8-3 Monday night to amend the resolution introduced by Anglin and Briere. The amended resolution, from Council member Sandi Smith, D-1st Ward, states all future e-mails exchanged during city meetings would be posted on the city's Web site with the meeting minutes, but no database would be created.

Anglin, D-5th Ward, and Briere, D-1st Ward, argued many members of the public have wanted to view electronic communications between council members since a recent e-mail scandal showed some council members regularly messaged each other during city meetings, sometimes discussing city business.

"It does allow us to ... have any e-mails that are sent amongst council members or to staff to be part of the permanent record," Smith said of the amended resolution. "What it doesn't do is to go back retroactively and spend staff time to pull those out and make those available at no cost."

Only Carsten Hohnke, D-5th Ward, sided with Briere and Anglin. Hohnke said he felt the benefit of releasing all past e-mails outweighed the costs.

Other council members said they thought the resolution from Anglin and Briere was politically charged and was an attempt to shift the cost of retrieving the e-mails from a select few who want them to the city's taxpayers. Council members said if anyone still wants to see specific e-mails, they can request them through the Freedom of Information Act and reimburse the city for the cost of retrieving them.

The City Council took action two weeks ago to amended its rules to mostly ban the exchange of e-mails between council members during public meetings with few exceptions. E-mails are still allowed to be sent to city staff, but members may send only draft motions, resolutions and amendments to each other.

Smith criticized Anglin Monday night for sending her an e-mail during the Aug. 17 City Council meeting shortly after Anglin made a statement calling for an e-mail ban. During a discussion on the proposed intermodal transit station, Anglin e-mailed Smith about an idea for a naming contest for the station, city records show.

City records also show Smith sent Anglin an e-mail back the next day asking Anglin to refrain from e-mailing her about items on the agenda while they are being discussed.

Anglin and Briere said their resolution would have provided a cost-effective solution for the systematic release of past e-mails by council members.

Their resolution asked that by Nov. 1, the city post on its Web site copies of all e-mails to and from council members that have already been disclosed to the public in response to FOIA requests. It then asked that by Dec. 1, the city post all e-mails since Jan. 1, 2008. By Jan. 1, 2010, all e-mails since Jan. 1, 2007. And then, by the first day of each succeeding month, the same procedure for each prior calendar year.

Council member Stephen Rapundalo, D-2nd Ward, said he has nothing to fear with the release of past e-mails, but said his constituents have told him they want to see city officials tackling more pressing issues.

Past e-mail exchanges between council members came to light in the media and showed council members discussing agenda items and making sometimes snarky exchanges.

The ensuing scandal led, in part, to longtime Council member Leigh Greden losing his seat in the primary election by six votes. In addition, the Great Lakes Environmental Law Center and two local businesses sued the city, alleging council members violated the state's Open Meetings Act by secretly e-mailing each other during a discussion on the proposed $59 million underground parking structure being built on Fifth Avenue in downtown Ann Arbor.

Ryan Stanton covers government for AnnArbor.com. Reach him at ryanstanton@annarbor.com or 734-623-2529.

Comments

mygirlfriday

Thu, Nov 5, 2009 : 4:28 p.m.

(Q)What happens when you get too many dems in one room? (A)They find more ways to spend money they don't have, then devour each other while spending it. Time to play blue state/red state!

KeepingItReal

Wed, Sep 23, 2009 : 2:32 p.m.

I don't know who among his constituency Mr. Rapundalo talked to...maybe his immediate neighbors but I do know he did not talk to me or anyone in my family or my neighbors and we live in his Ward. I can assure you, we are not supportive of his rationale. There is absolutely nothing wrong with those emails being retrieved because it will show us the taxpayers and citizens of this community the "important city business" the council was addressing so dilligiently. While we elect council members to represent our interest it does not mean that we abdicate our brains to them or that they are entitled to behave like little children who are hiding their intentions. I say hats of to Anglin and Briere for pushing this particular issue.

SBean

Tue, Sep 22, 2009 : 3:51 p.m.

Midoftheleft, I don't know where you got that definition. I checked the Oxford English Dictionary and found two that seem appropriate: "Frank, open, candid, ingenuous." "Easily seen through, recognized, understood, or detected; manifest, evident, obvious, clear. " Council email communications during meetings have been neither. Placing the burden of their responsibility on a FOIA requester will likely perpetuate the lack of trust that's developed, regardless of what's exposed. But that's what they did, so onward we go.

treetowncartel

Tue, Sep 22, 2009 : 2:41 p.m.

Why not hire some kids through the high school work co-op program to go through and retrieve these e-mails? You can get some really smart people at a good price, since they are primarily in it for a grade. It also gives them an opportunity to see government at work. That takes away the tax payer burden argument, what is left standing?

Alan Goldsmith

Tue, Sep 22, 2009 : 1:45 p.m.

The amount of money spent by the Ann Arbor Public Art Commission talking to the contractor for the new Court-Police Building would have almost covered the cost of releasing these emails.

a2progressive

Tue, Sep 22, 2009 : 1:35 p.m.

What was most galling was listening to the "concerns" of councilmembers regarding the cost of transparency after they have spent tens of millions of dollars on parking garages, city hall expansion and the like. We don't have the resources to make council in meeting e-mail discussions public (even though these e-mails replaced verbal discussion for years), but we do have millions and millions for corporate welfare and unecessary public buildings. Perhaps the fourth ward will send another message to the democracy-challenged in November.

Alan Goldsmith

Tue, Sep 22, 2009 : 12:18 p.m.

"Yes, some (like Alan) will attempt to make political hay regardless of the content, but it's the best option at this point." Eh, it's called democracy and I'll make political hay even without the emails...lol.

Moose

Tue, Sep 22, 2009 : 11:50 a.m.

Just slightly condescending. "I hope that Ms Briere and Mr Anglin can move on now and find constructive ways to serve. I'm sure they can."

Hospadaruk

Tue, Sep 22, 2009 : 10:29 a.m.

I hope that Ms Briere and Mr Anglin can move on now and find constructive ways to serve. I'm sure they can. By in large, the city government is served by people who care, they work long hours - for not much reward. It is my hope that they, and us, can do the same with grace and civility. "Be civil to all, sociable to many, familiar with few, friend to one, enemy to none." ~ Brother Benjamin Franklin

lulugee

Tue, Sep 22, 2009 : 10:16 a.m.

Re: comments to the effect that all one need do is FOIA the emails. These emails are part of the deliberations of council meetings and therefore should have been published by the city clerk with the council minutes. Would you suggest that we also make the minutes available by FOIA? Trivializing this issue is trivializing open government. Democracy doesn't happen in secret. The comments against the publication of the emails are partisan--protection of your friends and benefactors, perhaps. Let's get this out in the open, it is dishonest to be a dependent of city politicians and make anonymous comments as though you are a disinterested citizen. If you or your spouse or s.o. are working for an NGO that takes funds from the city or for a city contractor, you are not disinterested. I would appreciate it if you disclosed your partisanship and dependency status. As for the daylighting of emails being a waste of time, how about next time a golden trowel or paint brush award is presented, we see your comment deploring the waste of valuable council time and energy on trivialities. Perhaps you agree with me, that these awards highlight civic virtues. That's what the publication of the emails is surely about. If you're not interested in reading the emails, don't. Maybe you don't bother reading council minutes either. Democracy is a process that runs on day light. Please don't ridicule efforts by your fellow citizens to keep it thriving. Lou

SBean

Tue, Sep 22, 2009 : 10:08 a.m.

The point in looking back is to restore trust in government. To paraphrase an overused Dem mantra, "It's that transparency thing, stupid!" That may mean that another incumbent loses an election, but I doubt it. Otherwise, this might not go away until there's more turnover. Council could put an end to it. I don't think a database is necessary (and I do that kind of work professionally), but the original FOIA requests demonstrated that current council members did more during meetings via email than just rib each other. Just releasing them would cost less than the estimated $33,000+. If they don't, I'd like to see a local news organization FOIA them and make them available as a public service. Yes, some (like Alan) will attempt to make political hay regardless of the content, but it's the best option at this point. From the description provided, Smith's amendment would seem to be a separate resolution, but I haven't seen the original to get a sense of the intent in the Whereas clauses. Interesting that it was offered as an amendment.

lulugee

Tue, Sep 22, 2009 : 9:45 a.m.

It would be a pleasure to meet some of Mr. Rapundalo's secret constituents--the ones opposing the publication of secret council deliberations. Was it owing to the secret nature of their constituency that they were unable to attend last nights council meeting? I, for one, would benefit from an introduction to their secret philosophy of governmentby, for and of benevolent secret-keepers? I do not doubt, for even a minute, that such a constituency exists and understand their timidity in displaying, publicly, their fervent devotion to secretive government. Such a radical departure from the generally held, and perhaps obsolete, notions of democracy must be difficult to defend publicly. Courage, dear secret constituents, the only harm that could befall you would be a spontaneous combustion of laughter, which the mayor would, in due course, suppress with his little gavel. Ms. Smith deserves a shiny gold star for tattling on Mr. Anglin. And Mr. Anglin should have stayed after to clean the black board. I do hope she continues in her role as the council tattler and think she would look very cute in pigtails. And I pray that Mr. Anglin has learned an important lesson--no quarter will be given. Gestures of comradery will be retooled as a weapon. Some just call it politics. I will need to seek a grant for research among the natives of a viper pit before yielding that point. Of course, Mr. Anglin's gravest error was using an outmoded form of communication--others have already switched to tweets and texts, making the email ban already redundant.

Alan Goldsmith

Tue, Sep 22, 2009 : 8:21 a.m.

"Council member Stephen Rapundalo, D-2nd Ward, said he has nothing to fear with the release of past e-mails, but said his constituents have told him they want to see city officials tackling more pressing issues" Like fair enforcement of the property tax assessments?

Alan Goldsmith

Tue, Sep 22, 2009 : 8:08 a.m.

Midoftheleft: Your friends on Council who voted against this are starting to sound like Dick Cheney.

Marvin Face

Tue, Sep 22, 2009 : 8:04 a.m.

Well done Ms Briere and Mr Anglin. Way to dig deep into the heart of the difficult issues that face the city. Once again, these two pick the low hanging fruit for political gain but this time try to fleece the taxpayers to fund their little project.. Please, you two. I ask you to put down the pitchforks and torches and get to work. As far as I'm concerned, you are now on the the clock and will have to show me considerably more leadership over the next year.

Michael Hartwell

Tue, Sep 22, 2009 : 8:01 a.m.

Absolutely no way should A2 taxpayers pay for this idea. It is wrong headed, ill advised, and will simply drive people (council members) to alternate forms of communications. this is not disclosure this is invasion by fools.

Moose

Tue, Sep 22, 2009 : 7:41 a.m.

@Rapundalo. More pressing issues like debating a ban on plastic bags? It sure is easy for council to vote to spend hundreds of millions of dollars while while they try to throttle public input then vote to hide their possibly illegal conversations from public view.

Alan Goldsmith

Tue, Sep 22, 2009 : 5:44 a.m.

The I guess this is going to take another lawsuit to get these released. And every single council member who voted against disclosure is only going to cost the city more taxpayer dollars to defend the suits. Maybe if one council member's property tax hadn't dropped 6% this year while others on his street went up, perhaps we'd have some of the money for full disclosure of these public records.