[Southsider2k12]

http://thenewsdispatch.com/main.asp?Sectio...;ArticleID=7259

Wendt: County denying records
Court takes lawsuit under advisement in battle of La Porte County tax troubles.

Jason Miller
The News-Dispatch

MICHIGAN CITY - Superior Court 1 Judge Kathleen Lang took under advisement a lawsuit brought by a man who says the county violated his right to public information.

The Lake Shore Drive resident said the county refused to give him a preliminary copy of the county's 2006 tax records.

"This county is going out of its way ... to deny access to these records," said attorney Mark Phillips, who represents William Wendt of Long Beach. "Instead of being reviled, he should be applauded. The county should welcome requests for public records from taxpayers."

Wendt filed suit in November alleging La Porte County Information Technology Director Darlene Hale won't hand over a copy of a disc that includes the county's complete "tax dump" for 2006-pay-2007.

Wendt wants the records - which include all tax information for 2006 - so he can commission another independent inquiry into the county's assessment procedures, which he called inherently unfair.

He claims the disc is being illegally withheld, citing a clause in the state's public access law which says the county must "respond" within seven days of any request.

La Porte County Attorney Shaw Friedman said in court Monday the county is adhering to the law by showing in court a string of e-mails between Hale and Wendt in which Hale not only responds to Wendt, but continues a dialogue with him.

Friedman contends the county has delayed sending Wendt the disc because the information it contains is preliminary and subject to change. He said the law doesn't say the county must provide the disc within seven days. The holdup is due to the county's attempt to "watermark" the disc in order to show it's preliminary and not final.

"This is an argument over the county's need to watermark (the disc) as preliminary and subject to change. He doesn't like that," Friedman said. "He said he's desperate for this information. He can't wait.

"La Porte County never told Mr. Wendt he couldn't have the documents."

Contact Jason Miller at jmiller@thenewsdispatch.com.

[ChickenCityRoller]

What Jason Miller didn't report is that the first set of Data which was requested back last January and was quoted by the County (re: Friedman and McDaniels) for $350,000 he was able to get from down state for $500.00 . I'm sure that the DLGF will supply the requested data once they receive it.
Wendt was more than willing to acknowledge that the data was preliminary.

[Roger Kaputnik]

Personally, I do not want Wendt or anyone else perusing my records.

[Ang]

But, if he does and discovers that your taxes have been wrong and you were charged way too much, wouldn't you want to know? Wouldn't you be grateful that someone discovered it? Saved you some money? Maybe get you a refund or a credit toward the next years taxes?

[Roger Kaputnik]

My taxes are close to what they have always been. My property is not increasing hugely in value like Wendt's 'hood has. His taxes should be higher; mine should be about the same. They are.

[JHeath]

Personally, I do not want Wendt or anyone else perusing my records.

I hate to say it, but public record is just that, and anyone would have the right to go get it if they ask.
It happens all the time in all types of venues.

[Roger Kaputnik]

It is also a question of trust.

[JHeath]

Very true--it is a matter of trust. But look at the politicians...both on a national and local level. Where do you think they start with their digging to sling mud at their opponents? Public records.

This post has been edited by JHeath: Dec 6 2007, 10:10 AM

[JHeath]

http://thenewsdispatch.com/main.asp?Sectio...amp;TM=40349.84

Judge Rules On Wendt Lawsuit
Lang: Man must wait for information until it is in its final form, but is legally entitled to it.

Laurie Wink
The News-Dispatch

LA PORTE - Superior Court 1 Judge Kathleen Lang on Tuesday ruled in a lawsuit launched against the county for allegedly withholding public information to a Lake Shore Drive man.

The suit had been filed by William Wendt against Darlene Hale, La Porte County director of information technology.

Lang ruled Wendt is entitled to the information but must wait until it is in its final form.

Lang said Wendt's complaint is not frivolous and he is entitled to the information by law. She ordered Hale to provide Wendt with the final data as soon as it becomes available.

Wendt and his attorneys were in Superior Court 1 on Monday regarding Wendt's Nov. 15 request that Hale provide the "tax dump" for 2006 taxes. He submitted written request to Hale and asked her to copy the information on a CD or DVD.

Wendt said the information is part of the public record and he needs it for a detailed study of La Porte County property tax assessments. He said he wants to determine whether countywide property was fairly assessed. When the information was not provided within 18 days, Wendt filed suit against Hale.

Hale, represented by county attorney Shaw Friedman, said she told Wendt that preliminary tax information was available and Wendt agreed to accept the preliminary data. However, Friedman told Hale the data file should be "watermarked" as a preliminary report.

Hale said she asked the county's data management vendor how to watermark the information and hasn't resolved the issue.

Lang ruled that Hale can't fulfill Wendt's request until the process of producing the tax bills is completed.

[Roger Kaputnik]

Since he is entitled to it, so are we. I am gonna ask for a copy, too.