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Tuesday, October 20, 2015

"STIFLE YAHSELF, EE-DIT' ! STIFLE YAHSELF!"


DOES ARCHIE BUNKER LIVE IN EUREKA???  One might think so of late!

I refer to what I consider to be a blatant attempt (once again!) to shut down this blog and silence its voices. Evidently, what is written here can be annoying or irritating to certain individuals. (Sometimes, the truth can be like that!) The latest incident involves attorney question(s) asked by now-former Commissioner Cleminson. I addressed the Board on this issue at its October meeting.


I say blatant attempt "once again" as it is my understanding that a now-former Board Supervisor also tried twice, two months in a row, not very long ago to put the item, "Shut Down The Blog," on the Board's regular meeting agenda, but was advised that this was not appropriate or even doable. Seems there is a little thing called The First Amendment! For that person who did not "get" this, that means that, generally, government cannot shut down speech. At least not in these United States of America! The Township is a Local Government Unit and cannot constitutionally tell us we can or cannot post on this blog or whether we can or cannot even HAVE a blog. What part of Free Speech don't you understand, I wonder?!

Since those attempts on the Board level were fruitless, I believe that the possible citizens behind these efforts decided to give it one more try after a recent posting that perhaps made them "uncomfortable." Hence, Mr. Cleminson's inquiry, in my opinion.



His question apparently had to do with "quoting draft minutes" on this blog-- was this permissible, and, evidently, were any laws being broken since one blogger is a Planning Commissioner and another is a Board Supervisor. I have to say "apparently" and "evidently" as the questions asked and how they may have been framed or even slanted were never revealed.



Interestingly, Cleminson was one of three Commissioners on an earlier Commission who seemed to insist that no feedback would be willingly accepted by them from any professional or outside source--for example, from Brian Watson of the SWCD or Travis Thiel of the VRWJPO--unless accompanied by the precise questions which were asked resulting in that information. This was directed mainly in my opinion at then-Commissioner Jennings who had this "nasty habit" of asking professionals for input to assist the Township. Now, I agree that the framing of a question CAN certainly affect an answer to it, but this "outside" input did not seem welcomed by those three Commissioners, as it appeared to me. I saw it as a lack of trust, even at a low threshold.

So the courtesy that he asked for from others in the past was not afforded by Cleminson in the present to the Board or the Commission who were copied on the response.



At least Cleminson did receive an okay as required from Attorney Contact Kenny Miller to speak to the attorney, ostensibly about a fence ordinance Cleminson was to be working on. (You may recall three phone calls then-Supervisor Ceminsky made to the attorney all on his own. See earlier blog.) By his own admission, Supervisor Miller said he may not have been too clear on exactly what Cleminson was cleared to talk to the attorney about. Hmmmmm...

In response, I stated to the Board that I do not "quote draft minutes" on the blog. Mainly, I work from memory. But even more to the point, it wouldn't matter if I had. Apparently, it was alleged that this looks like some are getting "preferential treatment" just by having the draft minutes. But, at the June 8, 2015, Board meeting, I brought up the posting of draft minutes on the website as a service to the citizens so that they could keep up with Township happenings in a more timely fashion. Some in our government, past and present, have been reluctant to do this, but it just so happens that draft minutes--in fact, even the Clerk's notes taken at a meeting--are public information. Supervisor Behrendt moved and Supervisor Jennings seconded that the Clerk post the draft minutes on the website as soon as they are complete. This passed unanimously. So, if posted and available to all once complete, how is anyone being given" preferential treatment" regarding these minutes? If Cleminson had attended that meeting or at least read the minutes, he would have been aware of this development.


Regarding the recording discs, those are available to the public from the time of the specific meeting recorded up until such time as those minutes are approved, when the disc is then destroyed under Eureka's retention schedule filed with the State. No "preferential treatment" there either, it would seem.





Further, the Open Meeting Law was amended, effective January 2015, specifically to say that persons on a public body using social media for exchanges with the general public are not in violation of this law. In other words, this blog is exempt from the Open Meeting Law!






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