Ripstra still searching for notes on executive sessions concerning biomass
[quote style=”boxed” float=”right”]Nailing the city down on the research they conducted is “like nailing Jell-o to the wall.” Dr. Norma Kreilein[/quote] In an interview last week, Healthy Dubois County, Inc. Attorney Steve Ripstra stated deposing the city had been difficult. He attempted to depose city officials in August and September but they refused until Judge Lucy Goffinet ordered the city to answer Ripstra’s questions regarding the Jasper Power Plant lease.
“One part of what we are trying to show at the trial is there are correspondences that will show that there were things brought up in meetings that were never ever discussed in public meetings.” Ripstra stated.
One area Ripstra is concentrating on is the fact that the city stated it had conferred with medical professionals about the impact of the biomass incineration on health. Although the City Council stated several times they had considered the impact, Healthy Dubois County, Inc contends that the city never discussed this during public meetings. The implication is that the city discussed these concerns during executive sessions or in meetings that were not made aware to the public and would be in violation of Indiana’s Open Door law.
Ripstra is also attempting to determine if notes of executive meetings exist outside of the memoranda the city is required to publish. “If someone is keeping notes of topics discussed, I want to see that.”
Ripstra stated that one roadblock they have found is that originally they thought City Clerk-Treasurer Juanita Boehm kept notes for the memoranda of the executive sessions, but according to the city, City Attorney Sandy Hemmerlein kept the notes and these notes fall under attorney client privileges and are not accessible by the plaintiffs.
Ripstra expects a ruling from Judge Goffinet before the end of the year. If the judge rules against his clients, Ripstra states that Healthy Dubois County, Inc. will have to decide if they want to appeal the decision and may have to pay a bond to stop the execution of the lease. “I don’t know how much the bond would be, half a million dollars, whatever the judge will allow.”
The city continues to state they did not discuss any topics in executive sessions that were not on the memoranda. Additionally the city contends the allegations by the plaintiffs that medical issues were not discussed or vetted are disingenuous in nature. Outside Council for the City, Bill Kaiser stated that Dr. Norma Kreilein was involved in several meetings between doctors and city officials.
Kaiser also stated that when the representatives from the city met with the doctors or did talk about any of the medical issues brought forward by the Concerned Citizens group or Healthy Dubois County, there was never a quorum that would require a public notice.
Monday, Dec. 19, 2011
Perry Circuit Court Judge Lucy Goffinet heard testimony on Monday from city officials, concerned citizens, and members of the group Healthy Dubois County, Inc. Here is the list that testified.
- Jasper City Attorney Sandy Hemmerlein
- Utility Service Board member Ken Sendelweck
- Jasper Mayor Bill Schmitt
- Utility Service Board Chairman Wayne Schuetter
- Utility Service Board Vice-chair Rick Stradtner
- Dr. William Sammons
- Utility General Manager Bud Hauersperger
- Concerned citizen Jeanne Melchior
- Concerned citizen/Healthy Dubois County Treasurer Kris Lasher
- Healthy Dubois County member Dr. Norma Schue Kreilein
Ripstra is attempting to show that the City of Jasper in its pursuit to lease the Jasper Power Plant has not complied with Indiana Public Access Laws. Most of the testimony and cross examination that occurred was cordial and consisted of clarification on issues discussed on either side.
For the city representatives, Ripstra focused his questions on activities and discussions that occurred during executive sessions on the following dates: Aug. 24, 2010; Sep. 13, 2010; Sep. 23, 2010; Dec. 20, 2010; May 2, 2011; and June 28, 2011.
Ripstra is attempting to find any notes or written record in regards to the content of those executive sessions. Ken Sendelweck is the only person who admitted to having taken notes at any of the executive sessions and he stated the city attorney has possession of those notes at this time.
During USB member Rick Stradtner’s testimony, Ripstra introduced several e-mails from Healthy Dubois County Representatives imploring the board and council to review medical findings regarding biomass incinerators. Stradtner had replied he would approach the board on these issues during an executive session but during questioning denied having done so.
Attorney for the city Greg Neibarger usually just commented to clarify and only objected to broad sweeping statements or questions from Ripstra until Dr. Sammons took the stand. During cross examination, Neibarger went on the offensive in what appeared to be an attempt to portray Sammons as a paid witness for the plaintiffs.
Neibarger attempted to connect Sammons with other high profile grass roots organizations that oppose biomass and Sammons admitted to a passing acquaintance with a member of the group Greenfire LLC. Sammons has been involved in several discussions with the city in regards to the health effects of the emissions from a biomass facility and was compensated for his travelling costs.
Ripstra brought Jeanne Melchior, a self-described concerned citizen, who claimed she had attended most of the public meetings in regards to the power plant conversion. She is a retired Vincennes University Professor of Research and Critical Thinking. She stated she has a keen interest in the environmental impact of the power plant that developed as she conducted research into the new technology.
Melchior stated she kept written journals after each of the meetings she attended and she stated that the medical effects were not discussed. Melchior stated the members of the Council and the Board paid the doctors’ concerns lip service but never held a public discussion vetting those concerns.
The final testimony came from Dr. Norma Kreilein an outspoken leader of Healthy Dubois County, Inc. Dr. Kreilein testified that she became interested in the case after the city erroneously implied she had vetted the group Concerned Citizens’ concerns in regards to children’s health.
Ripstra opened the door on Kreilein’s testimony and allowed her to voice many of her reasons for becoming so heavily involved in the case. Namely the fact that the more she was involved the more she realized in her mind the city was not truly vetting any concerns brought forward by the citizens and doctors. She stated that nailing the city down on their research was like “nailing Jell-o to the wall”.
Neibarger established that Kreilein had spent at least eight hours with various city representatives. Specifically, a three and half hour session with Mayor Schmitt, Bud Hauersperger, and Wayne Schuetter at the city; another meeting with Rick Stradtner and USB Member Alec Emmons; and another meeting with Ken Sendelweck, Alec Emmons, and John Schroeder at German American Bank.
Kreilein stated she was surprised to hear in Rick Stradtner’s testimony that he had not taken her concerns to the city during meetings as he stated he would in emails to her.
The Plaintiffs will call its final two individuals for testimony Tuesday morning.
Interestingly, the court was vacated at the request of Neibarger during testimony regarding the background check conducted by the Jasper City Police in response to allegations about Jay Catasein’s past. The background check was originally turned over to Mayor Schmitt and then discussed in an executive session with Catasein present by speaker phone.
According to Public Access Counsel Joe Hoage, the public should have access to the police report with certain information such as social security numbers redacted.
