Wednesday, September 7, 2016

West Buechel: Show me EVERYTHING

I'm beginning to believe that the City of West Buechel's banking records are "public records" within the meaning of Kentucky's Open Records Act, and that they are subject to inspection by the public upon reasonable request. It shouldn't be a big deal, but so it seems to be, nonetheless.

When faced with the questions:
  • How much money has the City of West Buechel collected;
  • How much money has the City of West Buechel spent,;
  • and What was that money spend upon?

You'd think the answers could be obtained without getting the Attorney General and the Jefferson Circuit Court involved.

No so.

Now that I have Kentucky's Attorney General and a Jefferson Circuit Court Judge in agreement, along with a lot of other lawyers, judges and legislators, that public bank records ARE public records subject to examination by the public, maybe these questions can now be answered.

You see, the problem is that NOBODY KNOWS! Except, maybe West Buechel's City Clerk-Treasurer, but she's not telling. She not telling even though the City has paid her over $100,000 in eighteen months from January, 2015 through June, 2016. She not telling because she's the Mayor's ex-wife and not even the Mayor can tell her what to do if she doesn't want to.

So, YAORR (Yet Another Open Records Request), as follows:

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September 7, 2016

To:

Kimberly R. Richards, Clerk-Treasurer
City of West Buechel
3705 Bashford Avenue
West Buechel, Kentucky 40218


DELIVERED BY Fax to 502-456-6928
& via emailed PDF attachment to
r.richards@westbuechelky.gov,
k.richards@westbuechelky.gov
& brdlawfirm@gmail.com


Re: Open Records Request – City Bank Records


Dear Ms Richards:


Since I will be spending some of my time in West Buechel City Hall examining the previously specifically requested City banking records, I’d like to take the opportunity to also examine all of the City’s bank records from January 1, 2015 to the date of my examination, whenever that may be.

That is my request, in general. Show me everything. But, to be specific, I now request to examine and scan, at my option, each monthly account statement, every check and each deposit slip for the following City bank accounts:

BB&T deposit accounts

• xxx-4321
• xxx-4356 Payroll
• xxx-4313 State Grant
• xxx-4119 Municipal Road Aid
• xxx-4518 Buechel Festival
• xxx-4828 General
• xxx-4437 Christmas Fund
• xxx-4836 West Buechel Grant
• xxx-2003 New General Fund Account (created 1-5-2015)

PNC deposit accounts

xxx-1999 Explorer Post 790

Bank of New York Mellon (BNY Mellon)

I do not know the account number for this, but it was created in 2012 as a conduit for loan proceeds from the $260,000 bond issued through the Kentucky Bond Corporation by the prior administration. This account had a balance of only a few thousand dollars when Richard Richards took office in January, 2015.

Clearly, my examination of these bank records cannot be accomplished in just a few hours, or even in only one day. Find me an out of the way corner in City Hall to do my work and this process will not interfere with normal City business. These are not the type of files that are frequently in “active use,” except possibly when the City’s independent auditors may, someday, be at work.


Sincerely yours,


Thomas Fox


--------------------

Tom Fox, J. D.
Southern Specialty Law Publishing Company
Louisville, Kentucky

A division of Accountable Kentucky Incorporated
a Kentucky Non-profit corporation
AccountableKY.org

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This is not legal advice and I am not a lawyer.

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