Sent: Friday, September 8, 2023 4:39 PM
To: mcre13@gmail.com <mcre13@gmail.com>
Cc: Crowl, James (James.Crowl@snco.us) <James.Crowl@snco.us>; Brenda Younger <BYounger@Topeka.org>; Bonnie Williams <bowilliams@topeka.org>; Mary E. Kuckelman <mekuckelman@topeka.org>; matt.pivarnik@topekapartnership.com <matt.pivarnik@topekapartnership.com>
Subject: KORA Request
Mr. McClure: This responds to your request, dated September 5, 2023, for a 'copy of the email, memo, letter, notes from a meeting, ordinance or any documents that ordered Go Topeka to deviate [from] the interlocal agreement.' Presumably, the reference to the interlocal agreement is the agreement between the City and Shawnee County to establish the Joint Economic Development Organization (JEDO) (City of Topeka Contract # 44926)
The Kansas Open Records Act (KORA) requires production only of specific records that exist at the time of the request. The Attorney General has opined that KORA does not require an agency to supply information, do research or provide written answers to questions. Moreover, an agency may deny a request if 'it is impossible to determine the records to which the requester desires access.' K.S.A. 45-220(b)
In essence, you are requesting that staff research whether a public record exists that is responsive to your request. This is a task that is outside of KORA's scope and, as such, the City will not be able to comply with your request.
Mary Feighny
Deputy City Attorney
785-368-3883
NOTICE: This message and any attachments may be confidential and contain legally privileged information. If you are not an employee of the City of Topeka (see K.S.A. 75-6102(d)), we do not waive any legal protection that may apply such as attorney-client or work product privileges. If you have received this email in error, please immediately notify the sender and delete the message and any attachments. Further, this communication is not intended to constitute, nor should it be relied upon, as legal advice to you.
From: Henry McClure <mcre13@gmail.com>
Sent: Tuesday, September 5, 2023 7:00 PM
To: Matt Pivarnik <matt.pivarnik@topekapartnership.com>; City Clerk <cclerk@Topeka.org>; counselors@snco.us
Cc: Divyesh Patel <Devkin12@hotmail.com>; mcre1.media@blogger.com
Subject: KORA
This message originated from outside your organization
I want a copy of the email, memo, letter, notes from a meeting, ordnance, or any documents that ordered Go Topeka to deviate for the interlocal agreement.
Too many prospects for funds are turned away for the project was not "creating jobs."
At the same time can I get a ruling of why this request would not qualify based on the interlocal agreement
Thanks
Henry McClure "live"
3625 SW 29th Street
#100 @ mcre
Topeka KS 66614
Time Kills Deals
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