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Start of Responses Slide 1 of 119 “a must read for all” 1 st amendment providers Newkirk Herald North Central Reporter Get Real Cable T4T PC News. All have been complaining about violations to Mark Gibson and SEVERAL filed charges with Fred LaValley.
Start of Responses Slide 1 of 119“a must read for all” 1st amendment providersNewkirk HeraldNorth Central ReporterGet Real CableT4TPC News
The grand jury said we have limited authority, we can notact on criminal cases already tried or being tried in court,we can not act matters that are civil in nature, and we have no jurisdiction regarding whether a public official always acts or behaves in the best interest of citizens.
I have already spent over $250,000.00. Now they advise us to spend millions. There are people who have spent years working on this, they were not even called.
This is what they told the City and its Trusts.Make sure that notice of any and all meetings of public bodies be posted, as required by law, that all agendas of public meetings be specific, and all open meetings be held in locations accessible to the public, and use executive sessions sparingly.
So they admit the law is being broken, say they cant do anything, as instructed by DA’s, and spent a couple of days reading all 80 complaints.They are right about one thing, what a waste of our time!
4 dealt with Get Real Cable.Actually they were for you! My fight is about YOU!AND NOW its about my 1st amendment rights and due process!
Its ironic how my battle to not have you overcharged for Franchise fees. And keeping prices low. Has turned into me being the bad guy and them trying to run me out of town. I will not budge on doing something I believe is illegal.
Franchise fees for Cable TV, are fees and not a voted in tax, all taxes must be voted upon. “no taxation without representation” I am your representative and this is not a legal tax.
YOU voted me in in 1998, you trusted me then, and you must trust me now! Please I have done what I said I was going to do. YOU set back and watched us succeed some wanted me to fail, most gave their full support.
I will bring most of the issues out, and they will try to destroy me and our 1st amendment rights.Its just how they work!
You may know these people, or thought you knew these people, and trusted them as I did. At first, I too did not believe anything, but, after a careful study I know for a fact that we have a big problem.
In 1975 a Grand Jury was called.56 questions, 24 witnesses, and 12 days of study.One indictment was brought.The judge said “ You might liken this to taking an X-Ray for tuberculosis and finding it negative. You are still glad you had the X-Ray.”
In this 75 grand jury neither DA was in the courtroom unless asked by the jury to define certain legal points. This is the LAW, they cannot ask or assist.
The Law Reads“In no event shall the grand jury be advised as to the sufficiency or insufficiency of the evidence necessary to return a true bill, in a matter under investigation before them”
This 2008 Grand Juryonly called 3 of the witnesses whom filled complaints. The North Central Reporter was not even called, nor the other complainants, and the DA asked most of the questions. This was legal only if the Attorney General appointed them.
A multi-county grand jury was being introduced to the house floor in 1975. “a sign of the times”the DA saidhe also said, “he would oppose it”
The 75 grand jury made the same remarks as did today's grand jury. Without the personal attacks.We recommend to all citizens of this county that just as there are certain responsibilities and special trust of government officials to the public, there is a corresponding responsibility and trust of the individual citizens to exhaust private individual or organized remedies available to all citizens
Remedies were sought!Questions were sought in the grand jury of 2004, Newkirk Herald sent numerous letters, and printed many stories, and North Central Reporter, also sent letters and reported over and over.
Citizens groups fought against this also, and in 2008 Get Real Cable joined in the fight. Ponca City News also has reported numerous complaints.
In 2005 Enid DA’s had 112 charges on public officials, but would not file, “saying it was in the public interest not to peruse charges”. Where was our DA?Who was our DA? Mark Gibson
Korina owner of the North Central Reporter wrote many stories and was threatened. This threat was also printed, and you need to read her story last week on page 8. “Clue Me In”
Ponca City Newsbroke the story on Cimarron Broadband for not having open meeting. They met illegally at Carl Renfros Bank. Senator Myers son, Craig Myers headed up this project. 7.5 million in schools funds were spent. “For internet” Federal monies which are now being used to target independent operators.
City Charter says they must bid anything over $5,000.00.“All contractsinvolving an expenditure of $5,000.00 or more, shall be made by the City Council only after the Council shall first procured specifications therefore, an before any such contract is made the Council must cause a notice to be published in the official city paper, calling for sealed bids.
How many bids have you seen published over the past 10 years?And, how many purchases have they made over $5,000.00?Answer is over a Thousand.
In 1981 the City quit posting its itemized payments in the local newspaper. WHY!!! This practice should be brought back!For the City and all its Trusts.
The City is required by law (our Charter) to get the peoples permission if its is going into debt on any purchase of $25,000 or more. This includes giving approval for its Trust on anything over $25,000.00. When is the last time you voted to approve anything over $25,000.00answer: 10 years +, with exception to the new taxes and school.
Duty of City AttorneyCity CharterIt is hereby made the duty of the City Attorney in all cases of arrest for violation of the City ordinances and this Charter to immediately cause to be filed before the Municipal judge a complaint in writing against such accused person, and the accused person must thereupon be arraigned forthwith before the Municipal Judge for his plea.
Authority of City CouncilCity CharterThe City Council is hereby vested with power …to Grant Pardons in all cases arising out of convictions occurring before the Municipal Judge.
OK, so we inform City Attorney Mary Ann Karnes a violation has occurred, that’s like telling District Attorney Mark Gibson that Oklahoma Law has been broken in Kay County.“fox guarding the hen house”and the Chief of Police works for the City, and will not file the complaints with the city attorney.
ExampleThe City collected hundreds of fines above the legal amount, ($50.00) + 15.00 court costs.Mary Ann Karnes was hired by the city commissioners on March 14th 2003 to get the city legal. They knew they were collecting fines illegally. A judge put a stop to it on Feb. 6th 2007. Illegal amount were collected for over 10 years. Each and every violation caries a felony charge. Statue of limitations runs after two years, so if you were fined over $65.00 between Jan 1st 2007 and Feb 6th 2007 you can file felony charges. The rest of you, ask for your money back.Title 11 section 14-109 and 14-111
Hundreds of these overcharges were submitted to the grand jury, however they asked if Jessica personally got a ticket and since she had not, they said she was not personally harmed, and ignored this question. That’s the same as witnessing a murder and the judge asking, did you know the person killed, I answer no, and him telling me well your testimony doesn't count.
1979 OK 164SUPREME Court of Oklahoma“A grand jury’s power to make an inquest into the conduct of a public office and return an ouster accusation is implied from its constitutional grant of power to inquire into”, “all character and grades of crime”
New topicDid the City of Blackwell unlawfully spend funds in excess of the amount allowed by the City Charter, without the vote of the people.Three of many examplesFire truck $175,000.00Street Sweeper $125,000.00building $35,000.00
(1) Exercise of such power by the City Council to purchase or sell real or personal property is subject to the requirement and condition that the sale of any property, real or personal, or of any interest therein the value of which is more than $25,000.00, shall be made only after the question of such purchase or sale, as the case may be, has been first submitted to the vote of qualified elector of said city at an election held for that purpose.
It says any purchase of over $25,000 must be voted by the people. It does not say per year anywhere. It says value of which is more than $25,000.00 Must be voted.PERIOD
Now the City will tell you!Blackwell Municipal Authority bought it, we’re a State Trust.This is true!However, the City (us) we are the beneficiary, not the State. So they have several problems.
1st is dual office holdings. The City Commissioners are the same people on the Blackwell Municipal Authority.There are no checks and balances in other words.
2nd When any of the City’s trusts buy property or equipment it must be voted in by 2/3 majority vote of the beneficiaries (the city council). They may not approve anything over a value of $25,000.00 because if the trust fails to pay its obligations, we the benefactors pay for it.
What occurs is the BIA requests money each year from the City, last year was $70,000.00 if the BIA makes bad decisions we the Tax Payers pay in higher utilities rates. This safe guard was added for a reason don’t take lightly.
Right now the BIA is 1.5 million in debt not including the New School. The BMA is 10 million + in Debt. This is only 2 of the many City Trusts.
Those funds have not been disclosed on the budget which is a violation, and they have never filled an amended budget with the State, also a violation.
The City has been given millions from Phelps Dodge, over 75% went to Attorney and Engineer fees.
In a Confidential letter dated May 18th 1993 from the EPA to Blackwell Zinc Co.“The surface water and the soil exposure pathway received a maximum pathway score of 100, and the overall site score is 70.71”
A score of 28.5 allows for the Site to be put on the National Priority List. (Superfund) The city fought against this. The town itself is not on any EPA clean up list, only the BIA Smelter Park is. It’s strictly voluntary.We need to change this!
The real clean in our town could cost 35 million easy. We will never get all the contamination. The City and their attorneys, who get paid indirectly from Phelps Dodge. Tried to settle for less than two million. Then make you responsible, Your City did sign it. Bechtel, Cordell, and Wartz are still on the board.
This Settlement Reads_in shortThe City fully and forever releases, discharges and covenants not to sue BZC, CAMC, and PDCthe city shall receive $131,000 to fund the replacement of the Fourth Street Sewer line, and the lining of the Legion Park, plus will put $590,400 into escrow for expenses, and pay attorney fees.That’s it $720,400.00 + attorney fees
BIA would get $875,000 cash, to say the site was clean.City would get $720,400.00Chamber was to get money, that dollar amount is unknown.They were all to say the site was clean and support the ground water remediation and place intuitional controls on your property.
The GRUGround Water Remediation Unit This pump and system has to operate for up to 100 years. Care to guess who is paying.Did you know law says that the City must bill the responsible party, if we settle who is the responsible party?DON’T BE FOOLED
Dec. 1999 Phelps Dodge buys Cyprus AmexJuly 31st 2000 Willis resigns as City Engineer goes to contract engineer.August 11th 2000 Phelps Dodge gives City its first check for $380,000.00. For costs and expenses.So far $2,162,665.37 has been given to City, you will not find that in the Budget. *Fund 131* it should be totally separate
The BIA who is named in the Law Suit“are right now” trying to Settle, whereas the BIA will get a 1 million dollar insurance policy if sued from Phelps Dodge. Hey guys you are being sued. this must be stopped. One million is nonsense,
Read this carefully!Actual minutes of BIA meeting September 18th 2006David Page, the environmental attorney for the City and the BIA said it was in the best interest of the BIA to come out and say they believe the property has been remediated and is in the community’s best interest as well as the BIA’s best interest. The BIA will receive $875,000.00 from Phelps Dodge under the Settlement Agreement for industrial development.
The OATH of office is to protect the public, not what they just did.The City, the BMA, the BIA, and Chamber agreed to take money in 2006 and place the burden on the taxpayers.
The City then passed institutional controls designed to fine you out of your home if you did not clean up your own property. And this is a mild statement!!
You would have been afraid to ever challenge the city, or disagree with the reports from the clean-up results. Thank God for Dale Dewitt and the Citizens group who stood up for you,
The problem is the City and BIA has attempted to conceal the contamination that is claiming many many lives, and this includes Julies, it has left them responsible and maybe personally responsible, and has put all of us at risk of paying for the clean-up and risked our lives.
This information, was not to get out. Could this be the leading cause for my clash with the City. I turned them in, in 1981 for dumping PCB’s illegally too.
No land in Blackwell will pass the EPA standards. Which are 3.9ppm Arsenic not 50ppm, 2ppm Cadmiumnot 75ppm, 400ppm lead for kids not 750Don’t be fooled as your City would tell you.
-And by the WAY-Did you know Shane Fry is co-chairman of the legislative committee of OEDC(Oklahoma Eminent Domain Committee), and the BIA donates money to them.Eminent Domain is what they use to take away your property.
The whole town of Pitcher (Tar Creek) Oklahoma was moved and they scored a 58.15We scored a 70.71 and 100 on pathway surface water and soil. But that was kept secret. (confidential)*EPA sent us the copy*1st amendment rights
What else you do not know. Is that we would be ranked #14 in the USA on the Superfund EPA clean-up, according to the ranking on Scorecard. But we were kept off the list. We’re now a Brownfield's Site.
And the grand jury did not say the City and its Trusts got a clean bill of health.They said they could not legally indict them if there were still civil actions that could remedy the situations. (emphasis added)
There recommendations were to vote them out of office. And sue civilly.The only newspaper that printed the actual findings was the North Central Reporter.
1. Sally Norris’s Employment Contract granted her more powers then what was allowed under the City Charter. This was also true for Mike Jeffers’ Contract. City Charter says the City Managers duties are to see that the laws and ordinances are enforced.
2. Duel Office holding provisions of 11 O.S. § 38-118 and 51 O.S. § 6 when Sally Norris served as City Manager, Manager of the Blackwell Municipal Authority and Treasurer of the OMPA, a trust (Authority) for the State of Oklahoma. We buy our power from this same company. We need a bid from OG&E to see how much we could save, it could be millions per year.
4. Violation of 1st Amendment through threat, when the Chamber of Commerce left a note inside the booth of the Taxpayers for Transparency LLC group. This note was place inside the booth, after the Kay Co. Fair was closed. The note advised the group not to announce or advertise their Grand Jury Petition over Channel 95.
5. Violations of Civil Rights though the use of “Selective Enforcement”. During the Campaign to stop the proposed amendment changes in August 2008, the City of Blackwell informed the Code Enforcement Officer to remove Taxpayers for Transparency’s campaign signs. These Vote NO signs were put up on Friday evening and torn down first thing Monday morning. No other signs had been removed for years prior.
6. Did the City Commit Voter Fraud when Mary Ann Karnes, Don Shandy and City Commissioners lied in a campaign ad Titled Don’t be Fooled during the August 2008 election, to influence voters into believing things which were not true, and defame Taxpayers to win the election.
7. Misuse of Special Meetings and Executive Sessions. The City of Blackwell in 2007 spent 15 hours (29%) of their discussions in Regular Meetings and 38 hours (71%) during Special Meetings and Executive Sessions. Special Meeting have limited setting for the public and Executive Sessions…Well your just not invited.
9. Violations of Open Meetings Act when the City of Blackwell did not post there meeting were citizens could view the agendas. Law requires a 48 hr notice. Must be viewable 24 hrs a day. Not only business hours of the City. This has been going on for 10 years.
10. Conflict of Interest 60 O.S. § 178.8, when Piccola Hudsonpiller was allowed to serve as Commissioner when she sat on the Tourism Board, to be legal she must quit one of them. Its just a law. She voted no to her tourism budget and then voted yes at the City Commission meeting.
11. The Blackwell Municipal Authority violated 74 O.S. § 85.7 of the Central Purchasing Act and 61 O.S. § 103 of the Public Competitive Bidding Act when it hired the Municipal Finance Services, INC. to help with their Series 2006 Bonds without bidding out their services. Cost was $23,250.
12. Did Mark Gibson violated his oath of office when he ignored the complaints of several citizens and news organizations, that the City of Blackwell was not complying with the Open Meetings and Open Records Acts.
We have some very serious issues!It all seems to go back to five persons, the property of the Zinc Smelter site, and there still around, as is this contamination.“CERCLA” Look it up
I picked up a couple odd looking rocks, that any kid might collect, and had them analyzed, the test showed them to contain 15.2 ppm arsenic26.0 ppm Cadmium13x the safe limit set by EPA*please be careful*
The only answer is to cap the site with solid concrete, and then we can have a race track, and the biggest skate park, that might attract the tourist, and give the tourism folks something to do.
But there are some hard choices for a few people.Mike Loftis needs to resign from the BIA, because he sold goods (dirt from his farm ground) to Phelps Dodge, then later voted to say the smelter site was clean. He also sells insurance to the City of Blackwell, and the BIA. The City must go out for bids on this. NO bids for years is illegal. The AG opinion states that if the City is Governed by a charter it must follow it.
Next would be Ross Cline, also must resign from the BIA even though you did not vote for your son to receive the loans from the BIA for G&C Concrete, he knew the remediation plan to cap the site. Approved option was a concrete or asphalt cap.
Shane Fry, you ran around trying to stop the Denton's from putting in a landfill site, then planned to put in your own reclamation center (fancy name for land fill) “just plain wrong”
The railroadthe settlementthe contamination the self dealingsthe open meeting, open recordthe TIF – eminent domainthe landThe appearance is you are working for them.
Truly we are not, but we are against, stupid things, like a $190,000.00 building at the fair grounds, $30,000 in engineering costs for a pre-fab building. Violations of every kind and no openness and rudeness, and self dealing, again a lot relates to Blackwell Zinc. Fund 131
Oct 24th 2008Kay County Discredited attorney Mark Gibson said five OSBI agent are working on the missing 10 of thousands missing from my safe, So Mark how much has this one cost, lets talk about wasted money.Heck, we only got one OSBI officer.Besides he was already there!
EndThe BIA is being sued, if they can not get Phelps Dodge to pony up a rightful amount we the taxpayers will forever loose. If we allow them to do what they plan on doing we lost. Stand-up now!