Wednesday, June 29, 2016

RE: Public Records Request to Brad Holm Phoenix City Attorney

Mr. Holm
I construe your response as a denial and therefore unresponsive to a Public Records request. The request via official channels, plus confirmation of receipt, is attached or click HERE
Kindly note the following:
1.       I’m not asking you to do research. I’m simply asking for RECORDS in your possession.
2.       I also am not obliged to do your research. I’m confident the City has in place procedures to ensure all departments are properly canvassed in order for you to meet your legal obligation. In that regard, please see Lake vs the City of Phoenix attached or click HERE
3.       One of my business partners runs the largest telecom consulting practice in the country. Although not as seasoned as he, I’m reasonably familiar with FTC practices. If you check the link you sent me, I think you’ll find the it relates to “businesses”. You are not a business.
4.       Even if it did, the First Amendment to the constitution trumps. Specifically the “right to petition government” – you!  In the interests of full disclosure, I’m a dual UK/US citizen. I hope therefore you don’t mind me opining that such fundamental rights emanate from the Magna Carta.
5.       I hope you are aware, the Arizona anti-SLAPP laws established in 2007, and modelled on California’s, are contained in ARS 12-751 & ARS 12-752. See attached or click HERE   I’d like to think we influenced that debate in winning the first anti-SLAPP case in California based on an attorney trying to interfere with our rights to petition our government. The Point and Authorities for that are attached or click HERE  You might find them interesting reading. This eventually produced a $1.3mm judgement against the perpetrator with his attorney riding off into another profession, very prematurely.
6.       I currently don’t need an attorney but I think you’ll find the firm of Downey Brand to be well known, even in Arizona, just in case of need.
7.       As to Ahwatukee Hills, there’s at least one record I know of emanating from Councilman DiCiccio. See attached or click HERE  Please have one of your staff familiar with the matter ensure a thorough records search is made for anything similar in addition to ANY/ALL other records not exempted by statute. In light of the sanctions involved for non-compliance, I would ask you to respond to me personally.  Please ensure your response includes a statement that a comprehensive records search has been made plus a succinct statement as to what, if anything, was withheld, citing the grounds for such withholding.
8.       When, after 30 yrs+ in the private sector dealing with governments, of all kinds, I found the transition to the public sector challenging. This is because the rules on transparency are totally different. I wish you well in your continuing transition.
Please confirm forthwith by return that:
1.       You are denying my request or
2.       The matter is proceeding as requested
Thank you/Regards

John Sellers
6231 East Mark Way Unit 12
Cave Creek
Arizona 85331
Tel: 928 310 8220
 CC:       Councilman DiCiccio
          Dennis Wells/Danee Garone – Arizona Ombudsman’s Office
AHF web site.
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From: Bradley D Holm [mailto:brad.holm@phoenix.gov]
Sent: Wednesday, June 29, 2016 7:51 AM
To: John Sellers <Jas@arizonahomeowners.net>
Cc: Ed Zuercher <ed.zuercher@phoenix.gov>
Subject: RE: Public Records Request

Mr. Sellers,
As to your first request, please consult your lawyer. There is no obligation under our law for the City to do legal research for you. The federal CAN-SPAM Act ( https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business ) requires persons who send unsolicited e-mail to respect a recipient’s wish to be protected from unsolicited e-mail.
I am not familiar with the subject of your second request: the Ahwatukee Board of Management. Please specify which city department you believe may have public records regarding this entity. From the information available on the Arizona Corporation Commission website, it appears that the organization is a private entity. To my knowledge, the City does not regulate this entity. Consequently, it’s possible that we have no records relating to it.   

Brad Holm
Phoenix City Attorney
City of Phoenix Law Department
200 West Washington Street, Suite 1300
Phoenix, Arizona 85003
(602) 262-7193 (direct)
(602) 534-9866 (fax)
TTY: Use 7-1-1
From: John Sellers [mailto:Jas@arizonahomeowners.net]
Sent: Tuesday, June 28, 2016 10:52 PM
To: Bradley D Holm
Cc: Ed Zuercher; Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council District 5 PCC; Council District 7 PCC; Council District 6 PCC; Council District 8 PCC; Watters, Carrie; robert.anglen@arizonarepublic.com
Subject: Public Records Request

Mr. Holm
This is a polite reminder to you, as the City Attorney of Phoenix, to respond to my request below. But it is also a Public Records request for you to make available for inspection, and for further copying, pursuant to Arizona Public Records laws, the following:
1.       Any and all records in your or the City’s possession relating to the possibility that I might have infringed federal law as you alleged by emailing you. This should include, but not be limited to:
a.       Copies of any federal statute, opinions, notes, correspondence, memos, or any other “records” as defined relevant to that
b.       Copies of any other statute in any jurisdiction which might be relevant
c.       Metadata and any other relevant details of any internet searches conducted by you or your staff relevant to that same subject since Jan 1 2016
2.       Any and all records in the possession of the City of Phoenix relative to the Ahwatukee Board of Management, a major subdivision within the City of Phoenix city limits, since 2010. For clarification only, and without limiting the scope of this request, this could include, but not be limited to:
a.       Any correspondence with, from and to, the substantial numbers of Phoenix residents, or any other party, who live in that Master Planned  Communities with anybody in the City of Phoenix or your agents
b.       Any internal records dealing with any of the above whether in paper or electronic form
c.       All Agendas and Minutes of any and all City deliberation body sessions dealing with that Master Planned Community in any way
d.       Any Police reports
e.       All electronic records, where relevant, should be supplied with full metadata as established in Lake vs the City of Phoenix. I can supply you a copy of this if you wish but I assume you have a copy.
Thank you for your public service

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Mr. Holm
Please supply a copy of the relevant Federal Statute to allow me to judge my compliance with my “legal obligation” you cited.
What makes you think we are spamming you?

Please explain
Thank you
Regards
On behalf of the Arizona Homeowners Forum
***********************************************
From: Bradley D Holm [mailto:brad.holm@phoenix.gov]
Sent: Monday, June 27, 2016 7:26 PM
To: John Sellers <Jas@arizonahomeowners.net>
Subject: Re: Remove

Because it's a violation of federal law to spam me. You do not have my consent to continue. 
My authority as city attorney does not extend to your claims. So spamming me is a waste of your time and a violation of federal law. 
Thank you for complying with your legal obligation.

Brad Holm
Phoenix City Attorney
Phoenix Law Department
200 West Washington St., Suite 1300
Phoenix, Arizona 85003
This message is confidential.
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On Jun 27, 2016, at 6:30 PM, John Sellers <Jas@arizonahomeowners.net> wrote:
Why?

Regards
On behalf of the Arizona Homeowners Forum
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