Wednesday, June 29, 2016

Public Records Request - Complaint to Ombudsman Office

Thank you for your extremely prompt denial within minutes and.... your best wishes.
Makes life simple. Why drag things out?
I could not help noticing your email message, unlike previous emails, did not carry a confidentiality constraint. Why is that?

Dennis/Danee - Ombudsman's Office

By this email copied to you, I'm filing a formal complaint against Mr Holm and the City of Phoenix seeking sanctions against him, and the City, for an egregious violation of the Arizona Public Records Statutes. He is after all the City Attorney and therefore represents the City in legal matters. He therefore engages the City. As the records request  confirmation evidences, records requests are handled by the legal Dept. They have already decided.
Can you please acknowledge receipt of this, provide any formal documentation to formalise such, and confirm this is within your jurisdiction?
For your info, the notice of Rule 123 provided by Danee on a separate matter was extremely useful. Thanks to that, I'm pleased to report that the three branches of AZ Superior Court have been extremely helpful. Mainly because I then understood their statutory constraints and was able to avoid asking them to do something they simply could not do.

The document from Councilman DeCiccio carries his title as Councilman.
I will determine how he submitted that but even if on his private email, it constitutes a public record in his capacity as Councilman.
You should not assume there may not be other records. I merely included one. As you responded to my email within minutes, it seems unlikely you have conducted the "reasonable inquiry" required as part of the Rules of Professional Conduct.
I therefore reserve the right to file a complaint with AZBAR against you. Whatever that means.
One always has a choice in life. The easy way or the hard way. You seem to have made your choice.
Your denial is therefore time stamped as such.
As the matter is now with the Ombudsman's Office, please be careful should you choose to email me. I would welcome that of course but please do it respecting my constitutional rights.

Respectfully and thankfully

John Sellers
Tel: 928 310 822
"I can be your best friend or your worst enemy...take your pick".....a US Marine
From: Bradley D Holm
Sent: Wednesday, June 29, 19:15
Subject: Re: Public Records Request
To: John Sellers
Cc: Ed Zuercher

I will check with Councilman DiCiccio to determine if his office has records within the scope of your request. 

The document you referred to appears to be his personal expression of opinion and not a city public record. Accordingly, I remain unaware of any city public records responsive to your request. 

Until you provide something more to assist in the search, I have no reason to believe that the City possesses public records that respond to your request. 

The City does not regulate nonprofit HOAs. Therefore, we have no logical basis on which to create public records relating to HOAs. Generally, the state regulates HOAs, and the state is more likely to possess records relating to the HOA in which you are interested. 

This is our response to your public records request. 

Brad Holm