Tuesday, August 6, 2013

Request to Bannock County Prosecutor to Investigate City of Chubbuck on Public Records Request

The following is the actual information we have provided to the Bannock County Prosecutors Office due to the inability to get the public records on the proposed budget.  We have enclosed the emails and communications as well.

This is important because if the Citizens and Media cannot get Public Record we are on the way to a dictatorship.


Michael Ponkow
Rebecca Ponkow
254 James Ave
Chubbuck, ID  83202

August 8, 2013

Bannock County Prosecuting Attorney
P.O. Box P
624 East Center
Pocatello, Idaho 83201
RE:  Public Information Request for Proposed City of Chubbuck Budget FY 2013

Dear Prosecutor Herzog:
Pursuant to Idaho Statute we are requesting you to investigate the City of Chubbuck for non-compliance in a request for the public records pertaining to the FY Budget for 2013.  Per Title 9:

 9-338. PUBLIC RECORDS -- RIGHT TO EXAMINE. (1) Every person has a right to examine and take a copy of any public record of this state and there is a presumption that all public records in Idaho are open at all reasonable times for inspection except as otherwise expressly provided by statute.
(2)  The right to copy public records shall include the right to make photographs or photographic or other copies while the records are in the possession of the custodian of the records using equipment provided by the public agency or independent public body corporate and politic or using equipment designated by the custodian.
(3)  Additionally, the custodian of any public record shall give the person, on demand, a certified copy of it if the record is of a nature permitting such copying or shall furnish reasonable opportunity to inspect or copy such record.
(4)  A public agency or independent public body corporate and politic may require that a request for public records be submitted to it in a writing that provides the requester's name, mailing address, e-mail address and telephone number. A request for public records and delivery of the public records may be made by electronic mail.

We have made several requests for the records.  The following is a time line of said requests:

  • ·         June 21, 2013:  Request to get the documentation that the Council would base its budget decisions on.

o   Confirmation on same day that I could have the presentation materials once they were completed.
  • ·         July 18, 2013:  Request to get the proposed budget since it has different information than the printed budget which maintains the maximum the City could affirm.
  • ·         July 23, 2013:  Verbal request after the City of Chubbuck Budget FY 2013 for the public documentation pertaining to the budget.
  • ·         July 29, 2013:  Additional request for the public materials presented at the Public Hearing (ie:  proposed budget and presentation, as well as documentation for numbers.
  • ·         July 30, 2013:  Written request submitted at Chubbuck City Hall at approximately 2:45 pm.

o   Treasurer/Clerk, Richard Morgan acknowledged request and said that he would send as soon as possible.

As of the date of this letter, we have not received any of the Public Record involved with the City of Chubbuck FY 2013 Budget.  As the budget will be passed as of August 13, 2013, we believe that it is the right of the Citizens to see all public record pertaining to this matter.  We request your intervention on our behalf.
We have enclosed copies of aforementioned requests except for the physical request done at the City of Chubbuck City Hall on July 30, 2013.
We appreciate your attention to this matter.

Michael A. Ponkow                                                                         Rebecca A.  Ponkow
(208)705-0669                                                                                    (208)705-0668


cc:  Bannock County Commissioners - Karl E. Anderson, Steve Hadley, and Howard Manwaring
State Attorney General, Lawrence G. Wasden
Secretary of State, Ben Ysursa
Idaho State Journal
KPVI Pocatello Channel 6
Local News 8


From: Richard Morgan <rmorgan@cityofchubbuck.us>
Sent: Friday, June 21, 2013 10:56 PM
To:   Becky Ponkow; Becky Ponkow
Subject:    Re: Some questions for you Rich . . .

Hello Becky,

I ask Chief King to get the fire truck info for you.
I am still working in my presentation.  You certainly can have a copy when I finish up.  No decisions Tuesday.  I will present were we are and items we face.  Preliminary budget will be set July 9.  Public Hearing July 23.  %inal adoption August 13.

Hope that helps.

Connected by DROID on Verizon Wireless

-----Original message-----
From: Becky Ponkow <b.ponkow@conversationsfromtheedge.com>
To: Richard Morgan <rmorgan@cityofchubbuck.us>
Sent: Sat, Jun 22, 2013 02:18:09 GMT+00:00
Subject: Some questions for you Rich . . .
I had a couple of follow up questions on the Fire Truck.

1.  What is the amount the other districts agreed to pay
     and did you get a signed contract?

2.  What was the cost of fuel on the trip back with the truck?

Also, I see that on Tuesday the Council will be going over
the General Fund.  Is it possible to get the documentation they
will be basing the decisions on?


From: Becky Ponkow <b.ponkow@conversationsforinquiringminds.com>
Sent: Thursday, July 18, 2013 8:16 AM
To:   Richard Morgan (rmorgan@cityofchubbuck.us)
Subject:    Street Maintenance Fund

Hi Rich!

Could you let me know the balance of the Street Maintenance Fund?

Also, could I get a copy of the proposed budget (not the printed but the probable budget)?

Thanks for your help.  Hope you have a good day!

JULY 29, 2013

Thanks Rich,

I will make sure I get the word out on all our channels too.

What is the likelihood of getting the info your presented at the
Public Hearing emailed to me?


From: Richard Morgan [mailto:rmorgan@cityofchubbuck.us]
Sent: Monday, July 29, 2013 6:43 AM
To: Becky Ponkow; Becky Ponkow
Subject: Special Council Meeting

Hello Becky,
In the regularly scheduled council meeting of July 23, the council talked about having a council meeting the following Monday. 
That was rescheduled for Tuesday the 30 at 3pm.  It has been posted but I wanted to give you a heads up as you had testified and showed some interest.