City accused of withholding records

by Nathan Arneal
Published 1/11/23

The Jan. 9 North Bend City Council meeting included a debate on whether the city properly fulfilled a public records request, debate that contributed to one council member tendering his resignation the next day.

Sandy Vosler of Morse Bluff, owner of Vosler’s Rustorations, an auto body and restoration shop in North Bend, attended the meeting to discuss his request for a copy of public records.

Vosler had previous asked about the property at 220 E. 13th Street in North Bend, the home of Ray Wesch, suspecting Wesch was running an auto painting business on the property, which is not allowed since the property is zoned residential.

Last Tuesday, Vosler provided the city council a packet of papers that included copies of his e-mail correspondence with city clerk Theresa Busse.

In an e-mail dated Sept. 15, 2022, Vosler wrote that he was “requesting formal documentation regarding 220 East 13th St. and the current zoning status,” and “requesting any and all building permits granted to 220 East 13th St. in the years 2014-2022.”

The next morning, Sept. 16, Busse wrote back that the only building permit Wesch had take out on the property was for a privacy fence in July. She attached a copy of the fence permit and wrote, “I have nothing else to submit to you about this property.”

On Dec. 29 Vosler made another request, asking for the daily log from June 8 to June 11, 2016. Each day Busse makes notes of people who come into city hall and details the interaction then e-mails the daily log to the council members.

One of the daily logs from June 2016 included the note: “11:40 a.m. Matt Hamata in... He asked why Ray Wesch can paint in residential area but other businesses can’t operate at all.”

The page of the 2016 daily log with this passage was provided to Vosler on Jan. 3. Vosler said he should have been provided with this page following his first request in September. He then seemed to imply that the council was required by law to fire Busse because she did not fully fulfill his records request in four business days from receiving a written request, as required by open records law.

“So you’ve got (the requested records),” councilman Alex Legge said to Vosler. “What do you want now?”

“You have it in front of you,” Vosler replied. “I don’t want it, the state requires you.”

Vosler was apparently referring to one of the eight pages of paper he provided to each council member that listed the text of Nebraska Statue 84-712.09, which reads: “Any official who shall violate the provisions of sections [relating to public records requests] shall be subject to removal or impeachment and in addition be deemed guilty of a Class III misdemeanor.”

Busse said she read Volser’s September request as asking for any building permits, so that’s what she provided him. She said it never crossed her mind to include that daily log from June 2016, because the daily logs have never been requested nor given out before. Vosler said that didn’t matter, and it’s public information that should have been included.

Vosler said Busse purposefully didn’t include the daily log entry because it contradicted a statement she made to Vosler that no one had asked about Wesch operating a business in his garage before.

“It was six years ago,” Busse said. “I don’t remember every single conversation that comes in.”

Mayor Rod Scott said the matter would be tabled to give the council a chance to read over the material Vosler gave them.

Last Wednesday [Jan 4, 2023], the morning after the council meeting, councilman Dan Minarick turned in a letter of resignation to Busse.

In part, the letter read: “My input and value to the council has been dismissed regularly, and I disagree with the levels of transparency with the public. The treatment of the general public who attends our meetings has been flippant and less than becoming. There appears to be varying levels of enforcement of ordinances that I an unable to affect.

“Recently there have been instances where the city’s legal guidance potentially leaves myself and my livelihood in jeopardy.”

Minarick has been on the council since December 2018 and was reelected to a second term this past November.

In other council business:

• With Nebraska’s minimum wage increasing by $1.50 to $10.50 per hour, three of the newer librarians who were making less than that will have to be given raises. The entire staff was recently given 4% raises. Mayor Scott suggested everyone else should get a $1.50 raise to match the raises given to the new librarians.

A motion was passed to give raises to the three librarians who were below the new minimum wage. The council will study and consider raises to the rest of city employees.

• Legge suggested that when Main Street is dug up this summer for planned highway reconstruction, water lines be installed to provide service to any potential additions to the auditorium. He said any addition would likely require fire suppression equipment such as sprinklers.

• The council is looking for someone to serve on the Housing Authority Board.

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