Posted by Kimberly Sweidy, a resident of the Atherton: West of Alameda neighborhood, on Feb 2, 2012 at 9:19 am Kimberly Sweidy is a member (registered user) of Almanac Online Verbatim transcription of above referenced video taken on August 20, 2010.
I once again implore the Almanac to require posters to register using their legal names. Such transparency would eliminate the dissemination of false information.
Transcription:
John Johns: We’re here to see…
Kimberly Sweidy: Hello, Mr. Gruber
John Johns: Good morning. How are you?
Jerry Gruber: How are you?
John Johns: Very well, thanks. How are you?
Jon Buckheit: Hey, Jerry. How you doing? Alright.
Kimberly Sweidy: Hello, Mr. Gruber. Good to see you again.
John Johns: Well, I’m here to inspect some public records. Basically there are records in electronic format with a software program that is my understanding that Kelli Robertson knows how to use. She knows how to extract. But when we went across the street (She told me that she was) she directed me over here to obtain those public records. So, may I get those public records that I’m requesting that are available on electronic format? I have a disk right here
Jerry Gruber: The building official is not here today, as we previously indicated to you. The Town is unable to allow a member of the public to access the Town computers.
John Johns: Well I’m not asking to access the town computer. Additionally, I’ve worked with Kelli Robertson for a number of years and I have observed her access Q and A. Kelli Robertson has told me that she can in fact acquire those computer programs. And frankly, I’m at a loss as to how it is that a building official can walk off the street without any documentation of QA, be able to export the records that are there. And yet, a person who is familiar with that computer system has somehow suffered a lapse in memory? So, Mr. Gruber, can you please explain to me how it is that Kelli Robertson, who used that computer system before, is now unable to?
Jerry Gruber: The Town is unable to allow a member of the public to access the Town computer…
John Johns: I’m not asking to access it. I am asking Ms. Robertson to retrieve those records.
Kimberly Sweidy: We’re not asking to access it. I don’t even want to touch it. Ms. Robertson. We are asking that Ms. Robertson retrieve them.
Jerry Gruber: May I finish? May I finish? May I finish reading this?
Kimberly Sweidy: But, reading that is not responsive, Mr. Gruber. I personally don’t want to touch a Town computer because I can get into all kinds of…
John Johns: Mr. Gruber, is that a script?
Kimberly Sweidy: Yes, he’s reading from a script.
Jerry Gruber: Moreover, may I finish please? Moreover, it is not the Town’s practice or policy to permit a member of the public to train its employees…
John Johns: I’m not suggesting that an employee be trained.
Jerry Gruber: May I finish please?
Kimberly Sweidy: Wynne Furth wrote this. This is classic Wynne Furth.
Jerry Gruber: Employees on how to utilize outdated software. So, let me read it in its entirety again, please. The Town is unable to allow a member of the public to access its Town computers. Moreover, it is not the Town’s practice or policy to permit a member of the public to train its employees on how to utilize our computer software.
John Johns: Are you through?
Kimberly Sweidy: Is that all? Are you through? Okay. So first of all, this is probably written by Wynne Furth because this is classic Harvard Law School nonsense. Number one, neither myself nor Mr. Johns wish to access a Town computer. In fact, I specifically do not ever want to ever touch a Town’s computer. I would not want the responsibility or liability associated with doing so. I am requesting that the Town employee, Kelli Robertson, who apparently has been here for a number of years and I have worked with since I started handling my own project, do that. Mr. Johns indicates that Ms. Robertson from his own experience and from her own testimony knows how to do that. If they have some kind of outdated or antiquated system, I can’t speak to that because that’s a big question of what are you talking about, an outdated system. And neither myself nor Mr. Johns have any intentions of engaging in training Ms. Robertson as I’m sure Ms. Robertson has been trained by the Town to do her job. So, this is an entire misstatement of our position. I would like copies of my own records and I’m now going to request them of Mr. Gruber. I don’t know if he has a nonsensical, nonresponsive script to read to me, but here’s a list of the permits on my property. This has nothing to do with any other because I wouldn’t know how to make use at this point of all the information Mr. Johns has. I’m just learning and I’m not up to speed, but I am most certainly at this point entitled to figure out the status of all my permits that are a mess. This is a list…
Jerry Gruber: Is this a public records request?
Kimberly Sweidy: Yes. Absolutely.
Jerry Gruber: Okay, I’d be more than happy to give that to the City.
Kimberly Sweidy: Yes, and I can give this to you and e-mail this to you. In fact that would be the best way to do it if you want it to be a public records request. I want the same information that Mr. Johns is talking about for all the permits. I would like them at this time for my permits. I need them for my permits. I need to know what the status was, who conducted the inspection, and what the status of it is and I’m happy to e-mail you the most current. This actually was run out. It’s not the most current copy in a public records request.
Jerry Gruber: Would you email it to the City Clerk’s desk? That’s actually the proper way to do it.
Kimberly Sweidy: Yes, I absolutely will. And do you need me to leave this?
Jon Buckheit: Ugh, well, wait. Hold on a second. Sorry to interrupt, I know the Public Records Acts pretty well.
Kimberly Sweidy: Better than me I’m sure.
Jon Buckheit: Well, you know, and Government Section 6254 says, “Public records of a government agency shall be open for inspection by members of the public at all business hours by the public agency.” There’s no requirement you e-mail it. There’s no requirement that you wait. You can make an inspection request under 6254 right now. I don’t believe that saying that employees are not here, who can’t access it, can be used to shield access to the records on an ongoing basis. And if they don’t give it to you, you can file a writ of mandate. And since you’re an attorney you can actually get reimbursed for your own time in filing that writ of mandate because there is an attorney’s fees clause in it. And that if they have to give the records to you, they have to pay attorney fees, as they paid my attorney to get my police report. As a taxpayer here, Jerry, I resolve conflict. You know, I try to solve problems. I’d just like to see them get their records. These are public records. They’re not asking for personal files. These are permits that they pulled out.
John Johns: Jon, I don’t want to interrupt, but I want to ask. Mr. Gruber, are you telling me at this point and time that Ms. Robertson is unable to access Q and A?
Jerry Gruber: The Town is unable to allow a member of the public to access a Town computer…
John Johns: Mr. Gruber, that is not the question that I am asking.
Jerry Gruber: Moreover, it is the Town’s general practice or policy to permit a member of the public…
John Johns: Mr. Gruber, that is not the question that I am asking.
Jon Buckheit: Hold on, let’s make this convivial. What’s her name?
John Johns: Kelli Robertson.
Jon Buckheit: Can she access it, Jerry? Without reading from the script now, we heard the script. Can Kelli access it and dump the records? Because if he has to file the lawsuit, he’s going to take her deposition. He’s going to ask her if she’s trained in it. It’s not going to go well. Maybe you want to call Furth? The question is can Kelli just dump the records for them?
Kimberly Sweidy: Without us touching the computer
Jon Buckheit: He doesn’t want to touch the computer
John Johns: We’re not asking to touch the computer. Can Kelli Robertson access records? That is the question.
Jon Buckheit: To avoid a conflict, to avoid a lawsuit which I’m trying to help the Town with. I know you do. Can she just dump the records? If you need to check on that, take some time, please.
Kimberly Sweidy: Because you need to understand, that this is being taped. And if Ms. Robertson cannot access records, she needs to be dismissed as Mr. Wasmann was. And if you can’t answer questions from the public, I’m going to have to request that you removed from your post as well. I can’t have Town employees that cannot do their job. We are taxpayers. Do you want to see the list of fees I pay in addition to the $70,000 taxes I pay a year? If you are incapable of performing your job, Mr. Gruber…
Jerry Gruber: I would ask that you remain civil, please
Kimberly Sweidy: This is very civil. Have I raised my voice? No. Have I called you any profanity? No. I am saying, I am a member of the public. I’m requesting that you do your job as Town Manager. You cannot answer contemporaneous questions from three members of the public. You’re reading from a script. That is incredibly disturbing to me. I know what you’re paid. We all know what you’re paid. If you’re paid that and you can’t answer questions, I have, as a taxpayer, some concerns about that. And if you’re implying or insinuating that Ms. Robertson, who I don’t believe it’s true, cannot export records. I absolutely do believe that she can do her job. Then there is some question of why she is being paid?
John Johns: I will ask again, Mr. Gruber. And you can either answer it or you can refuse to answer it. Can Ms. Robertson access Q and A? Yes or no?
Jerry Gruber: Is there anything else I can help you with?
Kimberly Sweidy: Are you refusing to answer Mr. Johns’ question regarding whether a member of your staff can actually perform her job?
Jerry Gruber: Is there anything else I can help you with?
John Johns: Mr. Gruber, the only question you can help me with is to answer my question.
Jerry Gruber: Is there anything else I can help you with?
John Johns: Is that a refusal to answer my question?
Jerry Gruber: Is there anything else I can help you with?
John Johns: Is that a refusal to answer my question?
Jerry Gruber: Thank you.
John Johns: Is that a refusal to allow access to public records? You will hear from my attorney, Mr. Gruber.
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