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Overdue correction

From: JP -- venfl.com
Date: 11/26/08
Time: 09:06 AM

Comments

In an article previously published on Venice Florida! dot com, it was stated that attorney Andrea Mogensen had sent out advance copies of several motions to the Venice Gondolier-Sun and to the Sarasota Herald Tribune. My information source, unattributed in the article, on the receipt of advance copies was Bob Vedder, publisher of the Gondolier-Sun.

Mogensen's office has since contacted me to state that she never sends advance copies of motions or court filings to the media and that she did not send any copies of the cited materials to either the Gondolier or to the Herald-Tribune.

The story has been since pulled from the web pending correction and clarification of that portion of the story.

Mogensen's office has also expressed concern over reports on this web site to the effect that she has done little follow-up on her request for public records emails to and from former city manager Marty Black. Mogensen stated in court (and her staff reiterated this to this web site) that she has made two records requests to city hall for the material. Those requests were faxed to the city on June 23 and July 1, 2008. Mogensen's office claims they have electronic transmission sheets that will be filed in court soon. Additionally, I am told that there are a number of requests that have been made to attorney Dale Scott, who is representing the city in the lawsuit, to the effect that the city has failed to respond to the public records request.

Attorney Bob Anderson stated in open court that Mogensen has had plenty of opportunity to make these requests over the time since the lawsuit was filed but that she has failed to follow up on the request through the discovery process. Mogensen countered that she had made numerous follow up efforts but that the city has failed to respond to any of them.

Mogensen's concern with this web site is that there appeared to be a set of mischaracterizations about the history of the legal process and her activities during that process. Upon reflection and re-reading, I have to agree with her.

My apologies to both Mogensen and to the readers for the errors in reporting on these events, and I trust that this posting will correct the record as reflected on Venice Florida! dot com. As part of that correction process, I have made a public records request to city hall. See below.

From: John Patten
To: City Clerk Lori Stelzer
Date: 11/26/08 9:00 AM

According to pages 69-70 of the user's manual for the city's fax machine
(Muratec F-320 -- user's manual can be found online at
http://www.muratec.com/downloads/manuals/ENGLISH_F320.pdf ), the fax machine
is designed to automatically kick out an activity log after every 100 fax
transactions.

According to attorney Andrea Mogensen, public records requests were made on
June 23 and July 1 for emails to and from former city manager Marty Black.
Her office claims that they have the transmission logs for both requests and
will be filing same in court as part of their process for upcoming motions
related to unresolved discovery issues. The request that Mogensen sent to
the city on June 23 and July 1 can be found at
http://www.venfl.com/features/pdf/Black_Public_Records_Request.pdf .

As you know, City Attorney Bob Anderson stated in open court that both you,
Lori Stelzer, and Marty Black have told Anderson that the request was never
received by you or Black.

I am requesting, as a public record, the fax activity journals from the
Muratec F-320 that is located in the city's call reception area for the days
that include the 24-hour poeriods inclusive in the dates of June 23, 2008
and July 1, 2008.
.
-- John Patten
-- Venice Florida! dot com