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DAKOTA COUNTY BOARD OF COMMISSIONERS Chair McLarty called the meeting to order at 4:10 p.m. The Pledge of Allegiance was said and the location of the Open Meetings Act was noted. Present: Commissioners Bousquet, McNear, Gomez, McLarty, and Ted Piepho, Secretary. Joan Spencer, Administrative Assistant to the Board, was also present. Absent: Commissioner Rohde The agenda for the meeting was as follows: This meeting was emailed out to the list of recipients and advertised to begin at 4:00 p.m. PUBLIC NOTICE An Emergency Meeting of the Dakota County Board of Commissioners has been called for today Friday, August 21, 2009, at 4:00 p.m. regarding the hiring of Mark McQueen of Spencer Fane Britt & Browne LLP to draft a response to a FOIA request that the County received via email this week from the Associated Press for the report created by Spencer Fane Britt & Browne. The Board will approve or disapprove the response draft and, if approved, the Board will authorize the Board Chair to sign and send the response via email as Nebraska Law requires the Board to respond before the end of the day today, August 21, 2009. Theodore A. Piepho Dakota County Clerk Chair McLarty called attention to the letter that was sent from the Associated Press in Omaha who are requesting through FOIA for the report of Spencer Fane Britt & Browne LLP that is sealed. Mr. McQueen of Spencer Fane Britte & Browne drafted a response letter that specifies this information is confidential information between Spencer Fane Britt & Browne LLP and the County Board along with statutes that support this position. Commissioner McLarty called for Public Comment: there was none Commissioner Bousquet moved, seconded by Commissioner Gomez to authorize the chair to sign the letter prepared by Mark McQueen and send the letter to Jean Ortiz of the Associated Press of Omaha as follows: August 21, 2009 Transmitted via email to JOrtiz@ap.org Dear Ms Ortiz, I have in fact received your August 17, 2009, email and information request. Since your email does not contain your contact information, other than an email address, this reply is likewise being delivered by email. The documents which comprise what you describe as the “Spencer Fane Report” consist of the following: 1. Correspondence between Dakota County’s legal counsel and Dakota County enclosing a memorandum prepared by Dakota County’s legal counsel. The memorandum contains summaries of counsel’s investigation, counsel’s witness interviews, and counsel’s legal analysis prepared at the request of Dakota County in response to allegations of misconduct made by and against Dakota County employees that expose Dakota County to potential litigation. 2. A handwritten document obtained by Dakota County’s legal counsel during the above referenced investigation describing work related activities and names of Dakota County employees who were, among others, the subject of the above referenced investigation. 3. Dakota County Payroll Time Sheets obtained by Dakota County’s legal counsel during the above referenced investigation, with the names and hours of work of Dakota County employees who were, among others, the subject of the above referenced investigation. 4. Personnel records obtained by Dakota County’s legal counsel during the above referenced investigation of a Dakota County employee who was, among others, the subject of the above referenced investigation. 5. Correspondence between Dakota County’s legal counsel, and counsel representing a Dakota County employee, naming the employee who was, among others, the subject of the above referenced investigation. 6. An agreement between Dakota County’s legal counsel, counsel representing a Dakota County employee, and the Dakota County employee who was, among others, the subject of the investigation. The agreement describes the subject matter of the above-referenced investigation, the conditions under which the employee would be questioned by Dakota County’s legal counsel, and the employee’s agreement to provide a signed written statement to Dakota County’s legal counsel to facilitate the above referenced investigation. 7. The above referenced signed written statement of a Dakota County employee who, among others, was the subject of the above-referenced investigation, provided to Dakota County’s legal counsel. 8. Email and other written communication obtained by Dakota County’s legal counsel during the above referenced investigation referencing the identity and personal email information of Dakota County employees who were, among others, the subject of the above-referenced investigation. Item 1 contains client communication, legal analysis, and work product prepared solely by Dakota County’s legal counsel in connection with the above referenced investigation. All of the information described in Item 1 is protected from public disclosure under Nebraska’s Revised Statutes, 84-712.05 (4), as “the work product of an attorney.” In addition, this attorney work product includes “personal information …regarding personnel of public bodies other than salary and routine directory information” which is protected from public disclosure under Nebraska’s Revised Statutes, 84-712.05 (7). Items 2, 3, 4, 5, 6, 7 and 8 contain documents obtained or prepared by Dakota County’s legal counsel in connection with the above referenced investigation, all of which include “personal information …regarding personnel of public bodies other than salary and routine directory information” protected from public disclosure under either or both of Nebraska’s Revised Statutes, 84-712.05 (4) and (7). As required by the Nebraska’s Revised Statutes, 84-712.04 (1) (b), we are informing you that the entire Dakota County Board of Commissioners, each of whose names appear below, is responsible for denying your request. Also as required by the Nebraska Revised Statutes, Section 84-712.04 (2), we are informing you of your right to appeal our denial by: 1. filing a writ of mandamus in the Dakota County District Court; or 2. petitioning the Nebraska Attorney General to review the legal justification for our denial. Respectfully, William I. McLarty On behalf of the entire Dakota County Board of Commissioners (Richard McNear, Antonio Gomez, William I. McLarty, William Rohde and Rick Bousquet). ROLL CALL VOTE: McNear- Yea, Rohde- Absent, Bousquet- Yea, McLarty- Yea, Gomez- Yea. UNANIMOUS MOTION CARRIED Commissioner Bousquet moved, seconded by Commissioner Gomez to approve and hire Mark McQueen of Spencer Fane Britt & Browne LLP to write the response letter to Jean Ortiz of the Associated Press of Omaha. ROLL CALL VOTE: Gomez- Yea, McNear- Yea, Rohde-Absent. Bousquet- Yea, McLarty- Yea. UNANIMOUS MOTION CARRIED With no further business Chair McLarty called for a motion to adjourn. Commissioner Gomez moved, seconded by Commissioner Bousquet to adjourn the meeting. ROLL CALL VOTE: McLarty- Yea, Gomez- Yea, McNear- Yea, Rohde- Absent, Bousquet- Yea. UNANIMOUS MOTION CARRIED. 4:16 p.m. County Board of Commissioners _________________________________________ William I. McLarty, Chair Date Chair signed __________________________________________________ Theodore A. Piepho, County Clerk Date entered in book |
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