The obvious conclusion is that the city continues to block "public" information from the public because of some questionable action taken by the officials that oversaw the project. The "good ole boy" system is still intact.
A judge assigned to the latest open records lawsuit against the city of Augusta herded the parties toward mediation Tuesday.
During a hearing in Richmond County Superior Court, one of the city's attorneys, Dan Hamilton, tried unsuccessfully to convince the judge that the Association for Fair Government had no right to file legal action against the city.
Judge Duncan D. Wheale sided with the association's attorney, Robert Mullins, on the issue of "standing," but the judge was swayed by the city's argument that the association had other legal remedies than a writ of mandamus, which asks a judge to force a government entity to do its duty or follow the law.
The association contends a new attempt to review purchasing documents has been blocked.
Mr. Mullins filed an open records request this spring to see all documents associated with the city's contract for the demolition of a Greene Street building. The Electrical Equipment Co. building stands in the way of the St. Sebastian Way project to connect Walton Way with River Watch Parkway.
For several weeks, Mr. Mullins tried to learn the identity of the selection committee members and review the documentation that would explain their reasoning in the judging of two bids submitted for the project, according to court documents.
Mr. Hamilton said Tuesday that the city doesn't have that information. Mr. Mullins countered that the city code requires the purchasing department to maintain the information.
The project's Request For Proposal lists the evaluation criteria, though it does not assign values to the factors, such as qualifications and price.
According to the city's guidelines included in the request, "The contract file shall contain a written report of the basis on which the award is made/recommended."
The association wants to learn the identity of the selection committee member whose ranking of Thompson Building Wrecking nearly swung the recommendation to J & B Construction. The recommendation averaged score for Thompson was just 0.07 over J & B's. Thompson's price was $8,600 lower than J & B's.
"Roadblocks should not be set up," Judge Wheale said. The city isn't required to create documentation, but he warned the city attorney that any destruction of documents would be considered contempt of court.
The judge asked the two attorneys whether they could seek a settlement by using a mediator. Both agreed to seek attorneys David Hudson and former Judge Neal W. Dickert to serve as mediators.
Mr. Hudson most recently represented The Augusta Chronicle when it joined in an open records lawsuit filed against the city last fall. The Chronicle settled its claim last month.
Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.
Comments
The obvious conclusion is that the city continues to block "public" information from the public because of some questionable action taken by the officials that oversaw the project. The "good ole boy" system is still intact.
The obvious conclusion is that Thompson just want to bully the government. Contracts do not always go to the lower bidder, as witnessed by the contract awarded at SRP. The lower bidder was approximately 48 million dollars less than the one they accepted. If I weas on the committee, I would not want my idenity given. Why do they need the names? Everything else they are asking for seem reasonable, but not the names.
"had other legal remedies than a writ of mandamus, which asks a judge to force a government entity to do its duty or follow the law". Are they out of their mind??!! If the Purchasing Department willingly continues to operate they way they have been, then we demand the writ !!! We know the Commission is not doing anything to resolve this.
this is very lame &, frankly, i'm more than slightly surprised at judge wheale's direction,,, whether or not crite sees thompson's goal as 'bullying' govt, the issue is PUBLIC funds & how they're committed,,, i don't agree the 'good ole boy' network's active - right now, its ' cya ' action,,, shining the light can only reveal truth - why the delay,,, taking any action in anonymity questions decision maker's honesty & ability together w/those who appointed said committee.
How many ways to waste a precious finite resource? I'm speaking of taxpayer money. Attorneys, lawsuits, roads that are not needed, it's all so ridiculous. I really don't understand the position of the judge here. A government entity is supposed to keep those records, especially since it is the local authority that says it will keep them! Strange, wasteful games and once again the taxpayer pays. I really wish I could get away with not paying my property taxes, but the city keeps those records very well and will come after me with more than a lawsuit if I don't pay!
Hypocrap, the names of those on the committee ware wanted to see if there is any connection with the company that got the bid. It is public money and those who spend it need to be named. If the reason for accepting the higher bid is legit, then what is the problem with giving the names of those making that decision?
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