Jefferson Banner - Opinion
John Foust - JDC
Jefferson Banner - Opinion |
| October 5, 1999
David Olsen Dear Mr. Olsen, I received your letter of October 5, in which you asked for written guidance of who should, or if they should, respond to my October 4 letter. The answer is simple: You. You are the legal custodian of the records of the Commerce and Industry Association and the Jefferson Development Corporation. And yes, of course, I expect a response. Your letter of September 27 discussed both CIA and JDC issues. I do not understand why you are confused about who should respond, or why my letter would be discussing both CIA and JDC issues. Your letter did, and so did my response. If you feel it necessary to respond to me with two separate letters, so be it. As you noticed, it wasn't clear which hat you were wearing in your September 27 letter. Thank you for clarifying that it was from the JDC. You suggest that I should be more careful to address letters specifically to the Executive Director of the CIA or JDC. However, you fail to follow your own advice in this very same October 5 letter. Again, are you speaking for the CIA or the JDC? Because the CIA, JDC and Chamber all use the same letterhead, and you sign simply as "Executive Director," I'm sure that it can be confusing to many people which hat you're wearing. In our phone conversation today, you claimed the CIA information in your September 27 letter regarding Witynski's opinion was purely informational, although you also said it was there to justify why JDC records will be withheld from me in the future. Your letter doesn't say that directly, so perhaps you'd like to clarify that. Is Witynski aware that his personal opinion is now being applied to both the CIA and JDC? As I see it, there is nothing in my letter that could be construed to, as you say, "mention the CIA and JDC throughout as if they were one entity." I very clearly understand the difference, as you point out by quoting my previous statements. However, it should also be very clear to you that David Olsen is the legal custodian of the records of both organizations, so it's not unusual that I address a letter to you and expect a well-reasoned and timely response. Actually, it's never been clear to me that you're the Executive Director of the CIA per se. The CIA by-laws do not describe such a role. They say that the CIA Board hires and oversees the Executive Director, a position that "shall be responsible for the day-to-day operations of the Chamber of Commerce and the Development Corporation" but it doesn't explicitly state that you oversee or represent the CIA itself in any capacity. Similarly, I don't understand how you could be appointed to be CIA Treasurer at the February 23, 1999 meeting after the resignation of David Schornack. The by-laws state that the Board elects, not appoints, officers as necessary, and I believe it's not unreasonable to think the by-laws say these officer positions (like President and Vice-President) would be elected from the CIA Board itself, not from among its employees. If you have any questions, please call me at 674-5200. Sincerely, John J. Foust Jefferson, WI 53549 cc: City Administrator David Schornack |