From: DECONCINI Nina
Sent: Fri Nov 03 08:41:38 2017
To: YELTON-BRAM Tiffany
Subject: FW: City of Molalla refusal to release requested "Richwine" document
Importance: Normal
Attachments: pir molalla dyer richwine oct 2017.doc; Tiffany, I just left you a message about my intentions regarding the report on your land line. Please call me when you have a chance. Thanks! Nina From: Susan Hansen [foxglovefarm@inbox.com] Sent: Thursday, November 02, 2017 12:11 PM To: districtattorney@co.clackamas.or.us; districtattorney@clackamas.us Cc: rdavis@oregonian.com; Richard Whitman; YELTON-BRAM Tiffany; BACHMAN Jeff; DECONCINI Nina Subject: City of Molalla refusal to release requested "Richwine" document Dear Clackamas County District Attorney, I made the attached public information request to the City of Molalla to see a "Richwine" report that clearly exists because it is referenced in DEQ Sept. staff reports obtained by a public information request. DEQ's records showed that they were expecting the report to be forwarded to them by now. Below is the City of Molalla refusing to release the "Richwine" report. I contest that refusal and ask the CC District Attorney to investigate this refusal. I am now only concerned about the release of the "Richwine" document: "There is one document that is responsive to your request from Richwine. That document, however, was produced on behalf of and for our attorneys for the purpose of assisting them in providing legal advice to the City. As a result, that document is covered by the attorney client privilege and is exempt from disclosure under ORS 192.502(9)(a), which incorporates ORS 40.225 into the Public Records Act." My belief is that this is a public record because said report is supposed to be furnished to Oregon DEQ and was produced to advise DEQ regarding how the City of Molalla can improve its wastewater infrastructure to avoid violations. Thanks for your help on this matter. Sincerely, Susan Hansen PO Box 50, Molalla Oregon 97038 503-829-6818 cell 503-789-7179 Susan, As you may know, the City of Molalla is in transition between City Recorders. The City has hired a new recorder who begins in a couple weeks. The new recorder will be responsible for bringing the council minutes up to date. As an alternative, you can keep informed by watching the meetings on Facebook. Please click on the link below to access the meetings: In response to your information request received October 25, 2017 related to Dyer Partnership and Richwine Environmental’s assessments of Molalla’s wastewater infrastructure and needed upgrades and/or new facility, the Dyer Partnership is currently in the process of updating the City’s wastewater master plan and has not provided the City with any assessments as described in your request. As such, there are no documents from Dyer responsive to your request. When such documents are produced by Dyer, they will be made public. There is one document that is responsive to your request from Richwine. That document, however, was produced on behalf of and for our attorneys for the purpose of assisting them in providing legal advice to the City. As a result, that document is covered by the attorney client privilege and is exempt from disclosure under ORS 192.502(9)(a), which incorporates ORS 40.225 into the Public Records Act. Nancy Ide Interim City Recorder City of Molalla 117 N. Molalla Ave. PO Box 248 Molalla OR 97038 503-759-0291 From: Susan Hansen [mailto:foxglovefarm@inbox.com] Sent: Monday, October 30, 2017 4:55 PM To: Nancy Ide <nide@cityofmolalla.com> Subject: RE: Agenda for Molalla City Council Retreat Hello, When do you expect to produce minutes from the past several city council meetings? How can the public follow meetings if there are no minutes from past meetings? Please note I filed a info request last week for reports which could be readily available, esp. report or reports from Dale Richwine environmental firm. I look forward to either an appointment to read the requested documents in city hall or electronic transmission. Susan Hansen Bear Creek Recovery -----Original Message----- From: nide@cityofmolalla.com Sent: Mon, 30 Oct 2017 15:54:56 -0700 (PDT) Subject: Agenda for Molalla City Council Retreat Attached please find the agenda for the Molalla City Council Retreat to be held on Saturday, November 4, 2017. Nancy Ide Interim City Recorder City of Molalla 117 N. Molalla Ave. PO Box 248 Molalla OR 97038 503-759-0291