Open records requests reveal suspicion, division between city reps

Open records requests submitted by city representatives show how suspicious some of them are of each other and how little they collaborate.

“If I have a need to do it (submit open records requests), then I’ll do it if that’s the only way to get hopefully a true and honest answer. That’s what I’ll do. I’m not going to stop,” said City Rep. Lily Limon in an interview.

She and City Rep. Michiel Noe have both submitted open records requests in the last year and a half seeking information on each other and other city business. Limon has submitted six open records request and Noe has submitted three. ABC-7 requested and on Thursday received each of the open records requests submitted by Noe and Limon.

Four of Limon’s requests revolved around City Rep. Cortney Niland. In separate occasions, Limon asked for emails and text messages between Niland, former City Rep. Ann Lilly and former City Manager Joyce Wilson. In her requests, Limon asked for conversations that referenced homeless shelters, the word “peasants” and herself. Limon said she asked for conversations with those key words because Rosa Arellano, the director of the Dame La Mano shelter had stated during a public city council meeting Niland had referred to residents of the shelter as “peasants.”

“I found it inconceivable that anyone would make that type of statement,” said Limon when asked why she submitted that open records request. The City responded to Limon saying there were no responsive documents with the keywords for which she asked.

Limon has implied Niland stoked her and did not turn over a corresponding email. “There was a colleague referencing an email between that colleague and the former city manager and I asked for that twice in two different formats and there was no responsive documents. So that says one thing: either they weren’t produced or someone wasn’t telling the truth,” Limon told Council on Tuesday. She added she emailed Niland directly asking for the email before filing an open records request.”If we were able to receive the answers, then we wouldn’t have to have so many open records.”

Community leaders have expressed concern at the division and constant bickering between council members. Niland on Tuesday said the current council’s tenure was “the lowest point” of her service. “Instead of focusing on how we can advance this community and focusing on leading our individual districts, some members of council are more focused on the ‘got you’ game and that’s just very sad.”

Noe also submitted an open records request relating to Limon, asking for emails between her and city staff concerning salaries and benefits. He said he was reacting to her questions. “She was apparently making inquiries into how much I was paying my staff and i didn’t know what exactly what was going on with that so I was trying to find out. I wanted to make sure i wasn’t doing anything wrong. i wanted to find out if i was being accused of something or what,” he said in an interview Thursday.

When asked why the two don’t simply ask each other questions rather than submitting open records requests, Noe said they “didn’t have a very good relationship.”

“I try to get along with everybody but there’s just some people that it’s extremely difficult to have adult conversations with,” he said referring to Limon.

In a text message Thursday, Limon responded to Noe’s statement. “I have always been able to hold adult conversations with everyone. I hold them with constituents, staff, and all the people I meet. It’s a shame that he is unable to distinguish that since is at city hall for such little time,” she wrote.

Noe, a private physician, has constantly said he is not a “full time city representative” but is constantly working on city business.

Noe also requested the expenditures of District 6 when it was represented by Eddie Holguin and all emails between the City Attorney and other private attorneys. Noe said he requested Holguin’s expenditures because he wanted to learn if the office went over budget as he “had heard.” He said he requested the emails between City Attorney Sylvia Firth and some private attorneys to determine if Firth was overstepping her bounds and “setting policy.” Last fall, Niland and Noe publicly expressed concern Firth was acting beyond her purview and that projects were often stuck in the legal department without expeditious resolutions. “Right now we have a very good, functional working relationship with the legal department and at that time there, it was not that case,” said Noe.

Limon’s other requests asked for the budgets of each city representative’s office and for the transcript of a closed session in which the city council discussed David Almonte, a former deputy city manager who retired suddenly last year. She said he asked for the executive session transcript because “there was a heated discussion where accusations were made. I wanted to review the exact accusations.”

Limon said her requests take very little time. “When I ask questions, which I did in Rep. Niland’s case and do not get an answer, open records requests are the way to go. I am sure that is how he (Noe) felt when he filed his three requests.”

Noe said he’s done with open records requests for now and said he hopes the council can mend frayed relationships.
“If she (Limon) would put half as much energy than she does whatever she’s doing there and focus it more on positive things for this city, she could get so much done. She does have a lot of passion for what she does. Unfortunately some of that passion goes toward negative things, it seems.”