Eye On Modesto
Thoughts and observations about Modesto and Stanislaus County
Archive for the tag “Modesto Irrigation District”
MID is Back to its Old Tricks Obfuscating the TRUTH
By Emerson Drake
MID attorney Tim O’Laughlin manages to drum up business for himself while building walls between MID at its ratepaying owners also known as the public. The following is a copy of, what has become a typical response from O’laughlin to a Public Information Request made by Reed Smith.
I am in receipt of your e-mail dated May 11, 2012 relative the attached response from MID General Counsel Tim O’Laughlin.
Mr. O’Laughlin’s letter dated May 11, 2012, does not comply with the District’s obligations under the Public Records Act. Specifically, the requested records must be produced within ten days. The District “head” has not provided notice that “unusual circumstances” exist which would result in an extension of the deadline by fourteen days. Govt. Code 6253(c).
I am writing to confirm my understanding of your statements to me when I came into MID yesterday afternoon, May 14, 2012, at 2:30 PM regarding availability of the documents I requested to INSPECT. General Counsel, Tim O’Laughlin, has by the attached letter, refused to produce any of the documents to date.
To restate what I heard you say yesterday afternoon:
1) There are 13 file volumes involved within my request. [ You did not mention digital files and maps that have been requested ]
2) When I met with you on April 30, 2012 regarding a very similar PRR, you informed me that AGM Walt Ward was responsible for accumulating the files, and that I conclude from your narrative that the records have been aggregated in a single location at 1231 11th Street, Modesto, CA 95354.
3) GC Tim O’Laughlin says the documents must be reviewed to identify CONFIDENTIAL material within the 13 volumes, prior to release for IMMEDIATE INSPECTION. To date, the District has not informed me that any of the requested documents are subject to “exemption” from disclosure. Such a determination was required within ten days from the date of my request. Govt. Code 6253(c).
4) GC Tim O’Laughlin, has created a scenario where he claims he is the only person that can review the documents to remove CONFIDENTIAL material within the 13 volumes, prior to release for INSPECTION.
5) There is no definition of CONFIDENTIAL within the PRA. The PRA requires the District to respond to my request within ten days, May 20, 2012, with either the records or a determination that an “exemption” in the PRA applies to specific records.
6) You stated that GC O’Laughlin is only in Modesto three (3) days PER MONTH. This is not an “unusual circumstance” as defined in Govt. Code 6253.
7) You offered no time estimate for MID’s production of the documents.
I responded to you yesterday that, based upon my understanding of the California Public Records Act intent, this lack of a time-line for production is unacceptable and fails to comply with the PRA.
Please let me know if I have misunderstood your communication of yesterday.
Self-appointed MID Board President, Tom Van Groningen, promised on January 10, 2012, to conduct business in an open and transparent manner.
I now request that the documents be made available by Monday, May 21, at 9 AM, or I intend to seek legal relief to insure that MID complies with the Act. As a public entity, MID has a fiduciary duty to comply with California law.
Sincerely,
Reed Smith
Date: Fri, 11 May 2012 16:06:38 -0700
To: Reed Smith <reedsmith@charter.net>
Cc: Tim O’Laughlin towater@olaughlinparis.com>, Allen Short <ALLENS@MID.ORG>, Linda Fischer <lindaf@mid.org>, Angela Cartisano AngelaC@mid.org>, Pat Caldwell-Mills <PATC@MID.ORG>, Colleen Rangel <COLLEENR@MID.ORG>, Walt Ward <WalterW@MID.ORG>
Subject: FW: Message from legal – Written Response to Reed Smith re: inspection on May 14, 2012
Sent: Friday, May 11, 2012 4:07 PM
To: Linda Fischer
Subject: Message from legal – Written Response to Reed Smith re: inspection on May 14, 2012
Tonight on “What’s on America’s Mind”
Wednesday night at 7:00PM pacific 9:00 Central time
MID’s Lawyer Tim O’Laughlin says NO to timely public information requests by Reed Smith. The buying of a political endorsement from the Latino Community Roundtable, Modesto’s budget workshops and of course an update on issues that concern all of us especially women.
Tonight on “What’s on America’s Mind”
Wednesday night at 7:00 PM Pacific
Join us won’t you.
Tonight we’ll be discussing how Arizona has redefined when a womans pregnancy begins and it’s not what you think, Working Moms, the Republican redefination of Rape, a drive by on Modesto’s Audit Committee, the answer to how to make money by selling water is being MID’s Lawyer, otherwise know as the Tim O’Laughlin Chronicles, and other timely topics.
The Letter from the Tuolumne River Trust that held up the Water Sale
Here it is, the letter from the Tuolumne River Trust to the San Francisco Public Utilities District that held up the MID water sale.
“What’s on America’s Mind” Tonight at 7:00
Tonight at 7:00PM Pacific For Women…USE your vote or LOSE your rights. The important things you need to know about the Personhood Amendment and your rights. More on the exclusive Mayoral supper and the Tuolumne River Trust letter that gummed up the MID water sale.
So take the link and listen to…Whats on America’s Mind.
You can always play it in the background what you post on facebook or while you’re playing games.
Will the Real Modesto Bee Please Stand Up
Back in 2007 Mike Moody wrote an article against San Francisco taking 52,000 acre feet out of the Tuolumne River but now the Editorial Staff is backing the initiative.
MID, TID challenge SF water assumptions
Amount ofTuolumnewater to SF worrisome, they say, particularly in a drought
By Mike Moody
San Francisco’s plan to take more water from theTuolumneRiver– especially in dry years — faces a challenge from theModestoandTurlockirrigation districts.
MID and TID leaders suspect faulty assumptions may have led the San Francisco Public Utilities Commission to overstate how much river water would be available to divert during a drought year.
“That’s probably our biggest concern,” the MID’s Walt Ward said Wednesday, “the assumption that 27,000 acre-feet can be diverted from the river (even) during dry years.”
That is about 24 million gallons a day.
MID officials are confused, saying that there is no extra water flowing in theTuolumne, especially in a drought year.
Diverting more water by 2030 — San Francisco already diverts 225 million gallons a day from the Tuolumne — is a key part of a $4.3 billion San Francisco Public Utilities Commission plan to refurbish and rebuild its Hetch Hetchy water conveyance system.
http://www.modbee.com/2007/10/04/84207/mid-tid-challenge-sf-water-assumptions.html
A Joint Letter from MID & TID Against 27,000 Acre Feet to San Francisco 2007
Back on October 1, 2007 MID got together with TID and issued a joint letter to Paul Maltzer Environmental Review Officer WSIP DEIR.
In this letter they argue against a proposed diversion of 27,000 Acre Feet of water to San Francisco from the Tuolumne River. This is exactly what they WANT to do now. The letter talks about the harm that will be caused bythe proposed diversion.
Please read the letter for yourselves and question the reason for the complete about face and the motives of MID leadership and staff.
“What’s On America’s Mind”
Tonight we’re going to discuss Modesto’s Blue Ribbon Commission, MID’s shyster lawyer and his ways, Fracking, Obamacare, and an update on reproductive rights. The show starts at 7:00PM so don’t be late. Share it with your friends.
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