Ann Arbor officials refuse to release draft copy of report on fire department staffing levels
Ann Arbor officials have denied AnnArbor.com's request for a draft copy of a new report on fire department staffing levels.
The city recently received a draft copy of the long-awaited report from the International City/County Management Association, a consultant hired by the city earlier this year.
The Ann Arbor City Council agreed in February to pay ICMA $54,000 to complete the report, which is expected to include a thorough analysis of staffing levels, whether the fire department is meeting national standards and ways it can improve operationally.
Ryan J. Stanton | AnnArbor.com
The report originally was expected to be done by July, but its delivery has been delayed for several months now for reasons neither the city nor ICMA have disclosed.
After learning that the city had received a draft version of the report recently, AnnArbor.com filed a Freedom of Information Act request for a copy on Nov. 28. The request also asked for any communications from ICMA that accompanied the report.
The city denied that request today in a letter signed by City Clerk Jacqueline Beaudry, who wrote that city officials have determined the public interest in encouraging frank communication between officials "clearly outweighs the public interest in disclosure."
The city cited Michigan Compiled Law 15.243, which states that a public body can choose to exempt certain public records from disclosure if they include communications and notes of an advisory nature and are preliminary to a final determination of policy or action.
The city cited the same exemption in April when refusing to disclose communications cited as a reason behind the City Council's rejection of a downtown conference center proposal.
Matt Schroeder, president of the firefighters union, said the union also is waiting to see a copy of the report, which he understands was sent back to ICMA for revisions.
Before AnnArbor.com filed its FOIA request, Mayor John Hieftje said he had heard a draft copy of the ICMA report had come in but he didn't yet have his own copy.
"I have heard it is incomplete," he said at the time, expressing frustrations that ICMA has been slow to deliver its final analysis.
"I am disappointed in ICMA," he said. "All this time and we don't have a complete report. They have not lived up to their reputation."
A representative of ICMA said in October a personal matter was the cause of the delay but that he couldn't offer more information than that.
Fire Chief Chuck Hubbard could not be reached for comment.
Ryan J. Stanton covers government and politics for AnnArbor.com. Reach him at ryanstanton@annarbor.com or 734-623-2529. You also can follow him on Twitter or subscribe to AnnArbor.com's e-mail newsletters.
Comments
irritated
Mon, Dec 5, 2011 : 4:54 p.m.
gofiure you have the best comment yet. If everyone would try and control there emotions this situation would resolve its self. By the way how many of you realize legally a draft does not have to be released !!!!!!
gofigure
Mon, Dec 5, 2011 : 1:14 p.m.
A draft means just that. A draft. Incomplete. Would you turn in a term paper as a draft? I think not. Would you submit a resume draft? I think not. Seems to me you are all getting worked up for what may or may not be nothing. Why not hold off on your condemnation until the FINISHED report is received.
BornNRaised
Sun, Dec 4, 2011 : 3:51 p.m.
Snapshot likes to suggest that the FD has something to hide. Goes hand in hand with his typical union bashing comments in the past. Keep in mind that the FD is asking to see the same report as the public. A report that was done about us and we can't even see what it says. How in the world can you suggest that we're not in the same boat as the citizens as this. When you put aside your hatred, certain facts will become more clear.
Dominick Lanza
Sat, Dec 3, 2011 : 11:12 p.m.
Mr. Lanza, In both of your comments above you state "I would do my job as a Chief but I would compromise their safety or my professional beliefs to accommodate anyone's directives." Did you leave out the word "not" somewhere in your comment As the reader suggested I left out the word NOT as I would NOT endanger their safety.
David Cahill
Sat, Dec 3, 2011 : 8:38 p.m.
As usual, the City's response to AnnArbor.com's FOIA request is incomplete and therefore not adequate. The law says: "This exemption does not apply unless the public body shows that in the particular instance the public interest in encouraging frank communication between officials and employees of public bodies clearly outweighs the public interest in disclosure." The City has not shown that the interest in frank communication outweighs the interest in disclosure. It has merely made an unsubstantiated statement that one outweighs the other. The City is, of course, hiding plenty.
BornNRaised
Sun, Dec 4, 2011 : 3:49 p.m.
LOL! Typical response from Snapshot. The FD is TRYING to get that report released. The city went out and hired a CITY consulting agency for a paid report. FD had nothing to do with that. So where do you get off suggesting that the FD is hiding something when we're trying to see the same report the public wants to see. Never mind, don't bother answering.
snapshot
Sat, Dec 3, 2011 : 9:38 p.m.
There's a lot of hiding on both sides of the table.
snapshot
Sat, Dec 3, 2011 : 8:23 p.m.
The secrecy in these evaluations and negotiations is an affront to democracy and transparency. Democracy is the essence of "procedure" and when the procedural process is hidden from view, the public is denied from learning the true "character" of our leadership and government employees and the standards and expectations that serve as a basis for their decisions and actions.
jcj
Sat, Dec 3, 2011 : 4:26 p.m.
If we could see the draft , then the final report we could question WHY certain things were changed! And they will be.
Ron Granger
Sat, Dec 3, 2011 : 4:07 p.m.
Tip for the city: Don't pay until you get the completed product. The SOW - that's what we professionals call a Statement of Work - should include delivery milestones with dates. It should also include performance clauses. The amount to be paid should decrease as delivery dates are missed. So how much are *we* paying for page?
Kai Petainen
Sat, Dec 3, 2011 : 4:03 p.m.
can the ann arbor news do an interview with Lanza? it would be nice to hear his thoughts. a straight out interview. you pose the question, he answers it and you don't edit it.
debling
Sat, Dec 3, 2011 : 3:33 p.m.
Quite simply public institutions and government offices must obey the public. Their refusal is a form of corruption and a threat to democracy.
Bob
Sat, Dec 3, 2011 : 2:26 p.m.
FOIA, at least in Ann Arbor, must mean Freedom to withhOld Information Act.
Usual Suspect
Sat, Dec 3, 2011 : 1:28 p.m.
I think, "frank communication between officials" is code for, "We don't care what the citizens have to say about it." By the way, good thing you got rid of Ed Vielmetti, huh? Must be nice to not to have somebody who's good at getting information like this?
Craig Lounsbury
Sat, Dec 3, 2011 : 1:11 p.m.
another example of why politicians are widely held in such low esteem by the American public.
James Leonard
Sat, Dec 3, 2011 : 12:38 p.m.
Regarding former Fire Chief Lanza comments that "During the time I was Fire Chief I was merely asked yes and no questions never was I asked my professional opinion based on my experience, which is why I was hired." Lanza made the same claim during interviews for "Fire and Pain" (Ann Arbor Observer, November 2011). To check his claim, I watched the video for the May 10, 2010 city council meeting. In it, both mayor John Hieftje and council member Sandi Smith asked Lanza questions requiring his professional opinion, and Lanza replied at length with far more than a yes or no answer. (<a href="http://a2gov.legistar.com/Calendar.aspx)" rel='nofollow'>http://a2gov.legistar.com/Calendar.aspx)</a>
Alan Goldsmith
Sun, Dec 4, 2011 : 11:41 a.m.
So it's the job of an investigative report to stick up for politicians now it is? This wasn't AnnArbor.com you know, but the Observer. I doubt if you are really James Leonard. Lol.
Dominick Lanza
Sat, Dec 3, 2011 : 11:16 p.m.
I dont recall this incident and your link doesnt work are you the James Leonard who called me several times asking leading questions for your article?
BornNRaised
Sat, Dec 3, 2011 : 8:25 p.m.
He was then pigeon holed to give scripted answers to scripted questions. So what's your point? Look at the facts of how this city operates. If you're going to focus on the trees and not the forest, you'll never see it.
Craig Lounsbury
Sat, Dec 3, 2011 : 1:40 p.m.
James, your link doesn't seem to work as of 8:39 am (at least on my computer). Can you get a better version?
Bob W
Sat, Dec 3, 2011 : 11:59 a.m.
I guess "transparency" is not in the City vocabulary. It hasn't been in Detroit's either, enough said.
Alan Goldsmith
Sat, Dec 3, 2011 : 11:58 a.m.
"Before AnnArbor.com filed its FOIA request, Mayor John Hieftje said he had heard a draft copy of the ICMA report had come in but he didn't yet have his own copy." Uh huh...he's 'heard' there was a draft copy but...fire safety isn't something he's in a rush to deal with. He has other priorities like...you know, calling everyone who opposed the City Center Building art project 'haters'. You know Mr. Mayor, maybe people in this town who speak up don't 'hate' pubic art, public safety for pedestrians, or downtown development. Maybe they just hate lies and incompetence from City officials.
Kai Petainen
Sat, Dec 3, 2011 : 3:53 p.m.
to be a firefighter... is in itself a form of art.
Carole
Sat, Dec 3, 2011 : 1:48 p.m.
But if it was about art, he would be jumping all over the report.
Alan Goldsmith
Sat, Dec 3, 2011 : 11:52 a.m.
"The city cited the same exemption in April when refusing to disclose communications cited as a reason behind the City Council's rejection of a downtown conference center proposal." With one of the companies responsible for a 'study' on that waste of tax dollars now involved in the Wayne County fraud and kickback fiasco, that's not surprising either.
Alan Goldsmith
Sat, Dec 3, 2011 : 11:50 a.m.
"The city denied that request today in a letter signed by City Clerk Jacqueline Beaudry, who wrote that city officials have determined the public interest in encouraging frank communication between officials "clearly outweighs the public interest in disclosure."" Then Jacqueline Beaudry should be fired. The 'report' was delayed until after the election for City Council last month to protect the Mayor's puppets and no doubt the 'communications' between the City and the consultant will likely reflect that. We're going from not just incompetent City management by the Mayor and his buddies to outright spitting in the face of the concept of open and transparent government. That the Mayor is SHOCKED SHOCKED about the delay is laughable.
Kai Petainen
Sat, Dec 3, 2011 : 4:24 p.m.
Beaudry might not be the one who makes the decision. it might be someone else who tells her what to do and she does it.
Dominick Lanza
Sat, Dec 3, 2011 : 1:09 a.m.
After paying over $54,000 plus expenses, the city gets a draft. Sent back for revisions? ICMA was chosen by the Council recommended by the former city manager after 10 months they get a draft that needs revisions. Council members need to be thoroughly informed on this topic and should demand honest complete information. They should further be encouraged to ask questions of staff and ask that their answers are complete, allow them to expound and back up their answers rather than mere yes or no. During the time I was Fire Chief I was merely asked yes and no questions never was I asked my professional opinion based on my experience, which is why I was hired. I worked with dedicated people in the fire department and I always told them I would do my job as a Chief but I would compromise their safety or my professional beliefs to accommodate anyone's directives. When faced with that alternative I tendered my resignation I loved working for the city but I would not allow detrimental acts or policies to be attributed to me and endanger the employees or public.
yohan
Sat, Dec 3, 2011 : 10:17 a.m.
Mr. Lanza, In both of your comments above you state "I would do my job as a Chief but I would compromise their safety or my professional beliefs to accommodate anyone's directives." Did you leave out the word "not" somewhere in your comment?
Rod Johnson
Sat, Dec 3, 2011 : 4:41 a.m.
I'll just add my appreciation for your work here.
lynel
Sat, Dec 3, 2011 : 2:07 a.m.
The city government didn't deserve him, but the AAFD and citizens of Ann Arbor did.
Cash
Sat, Dec 3, 2011 : 1:26 a.m.
Sir, the city government here did NOT deserve you.
Kai Petainen
Sat, Dec 3, 2011 : 1:16 a.m.
"I loved working for the city but I would not allow detrimental acts or policies to be attributed to me and endanger the employees or public" then you sir, are admirable and i wish you were still working at the AAFD. for anyone working in public safety, public safety must come first and not the policies or political desires of others. i still remember the work that i saw the AAFD do a year ago, and watching them work in action. it was incredible. you did fine work that day and hardly anyone (except for myself) has spoken of the great work that you did. my sincerest thanks to the AAFD and the work that you did. i wish you were still there.
Dominick Lanza
Sat, Dec 3, 2011 : 12:45 a.m.
Why my post doesnt show my name as listed in my profile is not know to me. I am not Ed Bangston I am dominick Lanza former A2 Fire Chief
Usual Suspect
Sat, Dec 3, 2011 : 6:09 p.m.
This blag has always had problems with profiles like that. It's a mess.
Cash
Sat, Dec 3, 2011 : 1:25 a.m.
I see it is now fixed...that was really weird! Thank you for clarifying and for posting good solid information.
Kai Petainen
Sat, Dec 3, 2011 : 1:04 a.m.
is your statement true or false?
Dominick Lanza
Sat, Dec 3, 2011 : 12:43 a.m.
After paying over $54,000 plus expenses, the city gets a draft. Sent back for revisions? ICMA was chosen by the Council recommended by the former city manager after 10 months they get a draft that needs revisions. Council members need to be thoroughly informed on this topic and should demand honest complete information. They should further be encouraged to ask questions of staff and ask that their answers are complete, allow them to expound and back up their answers rather than mere yes or no. During the time I was Fire Chief I was merely asked yes and no questions never was I asked my professional opinion based on my experience, which is why I was hired. I worked with dedicated people in the fire department and I always told them I would do my job as a Chief but I would compromise their safety or my professional beliefs to accommodate anyone's directives. When faced with that alternative I tendered my resignation I loved working for the city but I would not allow detrimental acts or policies to be attributed to me and endanger the employees or public.
Carole
Sat, Dec 3, 2011 : 1:47 p.m.
Congratulations Chief. I am so sorry you left the department because you were so needed. I commend all of the AAFD and what they do to keep our city safe.
glenn thompson
Fri, Dec 2, 2011 : 11:06 p.m.
This usually means the report needs some "revisions" before the people that contracted for the report are willing to sign off on the final payment. If a FOIA request is denied by the City Clerk, the decision can be appealed to the City Administrator. I encourage AnnArbor.com to make this appeal. I would like to see a subsequent article discussing if the new City Administrator is for open and transparent government or if he will continue the city policy to hide information whenever possible.
Kai Petainen
Fri, Dec 2, 2011 : 11:02 p.m.
"and are preliminary to a final determination of policy or action." i'd like a deadline for the final action, please. what date??
AfterDark
Fri, Dec 2, 2011 : 10:55 p.m.
Getting hissy over a DRAFT copy is kinda stupid. It's the final report that's important.
try your best
Fri, Dec 2, 2011 : 9:28 p.m.
Sounds like the city doesn`t like what it says or they are trying to discredit the report because it says what the city doesn't want to hear. Either way the firefighter`s are still the redhaired step childern.
The Picker
Sun, Dec 4, 2011 : 1:44 a.m.
Hey ! What's wrong with redheads? I resemble that remark !
Carole
Sat, Dec 3, 2011 : 1:45 p.m.
Agree --- all records should be made public in my opinion. The citizens of Ann Arbor are the ones paying for everything. When records, etc. need to be kept secret, leaves one wondering "why?"
glenn thompson
Fri, Dec 2, 2011 : 11:09 p.m.
Maybe the city did not like the conclusion.
Rod Johnson
Fri, Dec 2, 2011 : 10:57 p.m.
It's a draft, and apparently an incomplete and unsatisfactory one. Hard to blame them for not releasing it. If they don't release the final version, then someone should hold their feet to the fire.
Bill
Fri, Dec 2, 2011 : 10:49 p.m.
If the city has nothing to hide, then release the report. Afterall, the report was paid for by the taxpayers, let those who paid have access to a copy.