In a fit of pique Mult. Co. Asst. DA John Hoover threatened retaliation against a candidate for the North Portland House seat, Richard Ellmyer, because Ellmyer challenged Hoover's competency to professionally judge a public records request from the Housing Authority of Portland (see below).
The North Portland House district has the highest total number and the highest concentration of public housing clients of any district in Oregon. The OVERLOADING of Public housing in North Portland has a significant deleterious affect on public safety, schools, property values, the business climate and the general quality of life. Public housing is a major political issue in North Portland and demands a public conversation between candidates and voters at election time, which is now.
Unfortunately, the Housing Authority of Portland remains hostile to any attempts to dislodge Public Housing Statistical Data from its vaults. HAP's interest in preventing taxpayers, candidates, voters and citizens from obtaining damning evidence in its possession would expose its long discredited and abhorrent covert policy of UNLIMITED neighborhood concentration of Public Housing, especially in the North Portland House district, and make HAP the subject of political if not legal scrutiny.
The Housing Authority of Portland annually spends more than 80 million dollars of public funds on what it claims are 33,000 clients. However, and this is a VERY BIG HOWEVER, HAP CANNOT AND WILL NOT PRODUCE RECORDS FOR 33,000 CLIENTS. No department in the governments of Portland, Gresham and Multnomah county - jurisdictions which have representatives on the HAP board - could get away with such demonstrable incompetence, unaccountability and coverup.
Elections are about making choices. In the North Portland House race for the May 18, 2010 Democratic primary the choices are clear and dramatic. Richard Elllmyer supports Equitable Distribution of Public Housing and demands Public Housing Statistical Data from HAP to discuss the issue with voters. Tina Kotek supports HAP's long discredited and abhorrent covert policy of UNLIMITED neighborhood concentration of Public Housing and declines to press for any Public Housing Statistical Data and engage in any conversations with voters on the matter.
If Multnomah County District Attorney Mike Schrunk allows his staff to place the Housing Authority of Portland above the law and keep its Public Housing Statistical Data from public view then he, publicly elected official Mike Schrunk, will be responsible for exacerbating the public's already cynical view of our political system as well as giving the lie to his recent pleadings for citizens to become more involved in civic affairs.
Richard Ellmyer
Candidate for the North Portland House seat in the May 18, 2010 Democratic primary.
http://www.ellmyer4staterep.com
*************************************************
From: john.k.hoover@mcda.us
Subject: RE: Mult. Co. Asst. DA John Hoover Has A Serious Reading Comprehension Problem
Date: March 2, 2010 4:33:24 PM PST
I applaud your tenacity, if nothing else. Ad hominem attacks are not, however, appreciated. [There was nothing Ad hominem about the challenge to Mr. Hoover's competence. The arguments were reasoned, logical and often used Mr. Hoover's own words as evidence. See complete transcript below.] In the future, if you [an individual citizen who has now been singled out for arbitrary treatment/punishment] wish to file a petition, do so by US mail or in person. Your petition will be considered when the necessary written documents have been presented to our office. Thank you for your kind attention. [Obvious Sarcasm continues to reveal Mr. Hoover's inability to maintain professional decorum and his contempt for a citizen daring to challenge his perch of authority.]
***************************************************
From: ellmyer@macsolve.com
Subject: Mult. Co. Asst. DA John Hoover Has A Serious Reading Comprehension Problem
Date: March 2, 2010 4:23:32 PM PST
To: DA@mcda.us, michael.d.schrunk@mcda.us
Dear Multnomah County District Attorney:
The response from the Mutlnomah County District Attorney's office to my email below comes, not from DA Mike Schrunk, but from John Hoover. It is truly astounding. It begins incredibly with, "Is it your position that the folks at HAP have provided no response to your request? Have you invoked the Public Records Law? Have you had any contact with HAP?"
It is impossible to take Mr. Hoover seriously much less accept the fact that he has the reading comprehension skills required of a lawyer.
Mike Schrunk recently pleaded with citizens of North Portland at a public safety meeting to be engaged citizens. As a citizen now engaged in running for the North Portland House seat in the May 2010 primary I plead with Mike Schrunk to become engaged in making sure that the Housing Authority of Portland is NOT ABOVE THE LAW.
Thank you.
Richard Ellmyer
Candidate for the North Portland House seat in the May 18, 2010 Democratic primary.
http://www.ellmyer4staterep.com
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On Mar 2, 2010, at 1:48 PM, HOOVER John K wrote:
Is it your position that the folks at HAP have provided no response to your request? Have you visited their office in an attempt to obtain a response or to obtain the documents? Have you invoked the Public Records Law? Have you had any contact with HAP? How do you know they received your request? You are wasting my time - it is the taxpayer's money after all.
From: Richard W. Ellmyer [mailto:ellmyer@macsolve.com]
Sent: Tuesday, March 02, 2010 1:18 PM
To: Mult. Co. District Attorney's Office; SCHRUNK Michael D
Cc: HOOVER John K; Kron Michael C; john.kroger@state.or.us; Kate Brown; Kate Brown; Sam Adams; Nick Fish; Amanda Fritz; COGEN Jeff; Deborah Kafoury; Diane McKeel; Judy Shiprack; WHEELER Ted; Randy Leonard; Dan Saltzman; Shane Bemis; Shirley.Craddick@ci.gresham.or.us; Carol Nielson-Hood; Dick Strathern; Paul.Warr-King@ci.gresham.or.us; David Widmark; pdxplan@ci.portland.or.us; John Kitzhaber for Governor Derek; info@bradbury2010.com; Barry Manning; bob@bobstacey.com; sara@rex4metro.com; rex@rex4metro.com; Shelley Marchesi; Steve Rudman; Interested Parties; HAP Board; Ruth Adkins; Martin Gonzalez; Pam Knowles; Bobbie Regan; Trudy Sargent; Dilafruz Williams; David Wynde; Carole Smith
Subject: John Hoover NOT Qualified To Judge Public Records Law Requests In Multnomah County DA's Office
Dear Multnomah County District Attorney:
In response to John Hoover's message below, if HAP were working on it they would have sent me the material shortly after I requested it on December 11, 2009. That would be 81 days ago. This same information was provided by the Washington County Housing Authority in 48 HRS.
I have laid out the case VERY clearly that this data already resides on three separate computers. I have explained in DETAIL how to get it and the time required, seconds, and the cost, none. Mr. Hoover's claim that, " you are asking HAP to create files especially for you" is TOTALLY INCORRECT. It reflects no understanding of computer databases which are essential to this matter. No competent reading of my request could possibly lead Mr. Hoover to that conclusion unless he is totally ignorant of the function of computer databases as the repository for public data. His statement is clearly based on incompetence or bias or both.
My original request for public data is completely consistent with the requirements of the Public Records Law. John Hoover's interpretation is wrong and against the principles of the legislative intent of the the Oregon Public Records Law which is to serve the public interest through transparency of public documents NOT to protect public institutions from scrutiny.
Mr. Hoover's statement that a request for the most minimal public records kept by the Housing Authority of Portland is "purely discretionary with the public agency (HAP)" is such a perverse interpretation of the Oregon Public Records Law that an investigation into Mr. Hoover's competence on this subject should be undertaken immediately.
Despite the fact that Mr. Hoover was advised that this information was vital to my campaign for the North Portland House seat in the May 2010 primary, it took Mr. Hoover 14 days to respond to my first request for help from the Multnomah county DA's office.
After 14 days Mr. Hoover chided me for not submitting my request in a form he was comfortable with. There is NOTHING in ORS 192 that demands a specific format for submitting a request for assistance. It requires only that the custodian of the data be identified, the data requested and a denial by the public institution involved. My original request FULLY COMPLIED with ORS 192.
After 14 days Mr. Hoover chided me for submitting "voluminous text on a string of emails." The federal budget is a "voluminous text." ONE email of 1,500 words that provides context and details for a public records request is NOT a "voluminous text on a string of emails."
A sloppy and careless wordsmith does not belong on the public payroll in any District Attorney's office.
The Oregon Public Records Law and the Housing Authority of Portland were both created by the Oregon legislature. I am a candidate for that body in the May 2010 primary. The issue of Public Housing is a major component of my campaign because it is a major factor in the quality of life in my district.
It is outrageous that the Housing Authority of Portland considers itself so far above the law that it can make public policy and spend upwards of 80 million dollars a year of public money with impunity and never provide even the most minimal accountability to the taxpayers that pay the bills and the neighborhoods in Multnomah county that it purposefully and covertly OVERLOADS with public housing.
The mayor of Portland has failed in his responsibility under ORS 456.110 to hold his own, unvetted, appointees on the HAP board accountable. The Portland city council, the Gresham city council and the Multnomah county commission have all refused to exert any pressure on their representatives on the HAP board to act in the interests of their jurisdictions, which is their job. The political establishment in Multnomah county has completely failed to take any responsibility to hold the Housing Authority of Portland accountable for anything.
If the Multnomah County District Attorney's office does not stand up for the rights of taxpayers and voters to have access to HAP Public Housing Statistical Data then it will have granted HAP "above the law" status and rendered the Oregon Public Records Law nothing more than a heap of useless words.
Richard Ellmyer
Candidate for the North Portland House seat in the May 18, 2010 Democratic primary.
http://www.ellmyer4staterep.com
*******************************************************************
On Mar 2, 2010, at 11:23 AM, HOOVER John K wrote:
I am sure HAP is working on it. They may have no files consistent with your request. It appears that you are asking HAP to create files especially for you. That is not consistent with the requirements of the Public Records Law. It is purely discretionary with the public agency. They should respond to your request, however. I will contact them.
From: Richard W. Ellmyer [mailto:ellmyer@macsolve.com]
Sent: Tuesday, March 02, 2010 11:13 AM
To: HOOVER John K; Mult. Co. District Attorney's Office
Subject: Petition For Review - For Denial of Public Records
Dear Multnomah County District Attorney:
Request for the following Public Data From The Housing Authority of Portland
Report #1. HAP Public Housing Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database.
Report #2. HAP Section 8 Housing Voucher Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database.
Report #3. New Columbia in North Portland's Portsmouth Neighborhood Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database of HAP public housing clients (means test + government subsidy + rental agreement) living in New Columbia as of December 1, 2009.
Report #4. HAP Affordable Housing Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database of HAP public housing clients (means test + government subsidy + rental agreement) living in all of HAP's 32 properties in Multnomah county as of December 1, 2009.
Please include the precise total number of HAP clients in each category as of December 1, 2009.
Denial of Data
The records mentioned above were requested from the Housing Authority of Portland on December 11, 2009. The Housing Authority of Portland has provided no data nor a letter of denial.
Explanatory Arguments
See below.
Please acknowledge receipt of this document.
It is my intention to use this public housing statistical data for discussion with taxpayers and voters in North Portland.
Time Is Of The Essence.
Thank you.
Richard Ellmyer
Candidate for the North Portland House seat in the May 18, 2010 Democratic primary.
http://www.ellmyer4staterep.com
***********************************************************************
From: john.k.hoover@mcda.us
Subject: RE: Washington County Housing Authority Produces Public Housing Statistical Data In Less Than 24 Hrs.
Date: March 2, 2010 8:22:11 AM PST
It is not the task of the District Attorney under the Public Records Law to respond to requests for assistance such as yours. If you have been denied access to public records, please submit to this office the following (and only the following): the request, the denial and a petition. It is as simple as that. Reading through voluminous text on a string of emails is not helpful. If you want to attach explanatory information or arguments with your petition, be my guest.
Subject: Washington County Housing Authority Produces Public Housing Statistical Data In Less Than 24 Hrs.
From: ellmyer@macsolve.com
Date: February 25, 2010 10:18:05 AM PST
To: john.k.hoover@mcda.us, DA@mcda.us
Dear Multnomah County District Attorney:
To date I have had no reply to my request for your assistance made on February 16, 2010 (see below). However, I have had a response from the Washington County Housing Authority, see data file attached below, that provided exactly the same kind of information I asked HAP for on December 11, 2009, that's 76 days ago, only the WCHA sent it without a public records demand in less than 48 hours at no cost.
You should consider the speed and behavior of the Washington County Housing Authority as you process my request.
Thank you.
Richard Ellmyer
Candidate for the North Portland House seat in the May 18, 2010 Democratic primary.
http://www.ellmyer4staterep.com
*****************************************
Subject: Oregon Public Records Law Request For HAP Public Housing Statistical Data
From: ellmyer@macsolve.com
Date: February 16, 2010 2:14:28 PM PST
To: john.k.hoover@mcda.us, DA@mcda.us
Dear Multnomah County District Attorney:
Your demand for the following public data is requested under the Oregon Public Records Law.
The custodian of this data is the Housing Authority of Portland. Contact:
Shelley Marchesi
Public Affairs Director
Housing Authority of Portland
135 SW Ash St.
Portland, OR 97204
503-802-8427
The request for these public records includes writing that contains information relating to the conduct of the public’s business that is owned, used and retained by the Housing Authority of Portland, a public body.
The original request for Public records was made on December 11, 2009.
From: ellmyer@macsolve.com
Subject: Request For Public Data Relevant To Campaign For Public Office And Portland Plan
Date: December 11, 2009 10:28:53 AM PST
Hi Shelley:
Thanks for the prompt response. It's what I expected but I had to ask.
Sharon Vance's email has stimulated me to ask for the following data:
Report #1. HAP Public Housing Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database.
Report #2. HAP Section 8 Housing Voucher Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database.
Report #3. New Columbia in North Portland's Portsmouth Neighborhood Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database of HAP public housing clients (means test + government subsidy + rental agreement) living in New Columbia as of December 1, 2009.
Report #4. HAP Affordable Housing Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database of HAP public housing clients (means test + government subsidy + rental agreement) living in all of HAP's 32 properties in Multnomah county as of December 1, 2009.
Please include the precise total number of HAP clients in each category as of December 1, 2009.
It is my intention to use this and other public housing statistical data I may request from the Housing Authority of Portland and the Portland Bureau of Housing on the public table for discussion by taxpayers and voters in North Portland and beyond. Voters, certainly many in my district, will want to debate the merits of providing Public Housing to those earning 48K and beyond.
It is my intention to use this and other public housing statistical data I may request from the Housing Authority of Portland and the Portland Bureau of Housing as the foundation for information and questions currently excluded from the civic exercise referred to as the Portland Plan citizen input meetings. The $200,000,000 elephant in the room CANNOT be ignored.
This request is being copied to the elected officials in Portland, Gresham and Multnomah county that have representatives of their governments sitting on the HAP board of directors whose mandate is to serve the interests of their jurisdictions. It is my contention that providing authentic, accurate, complete and timely Public Housing Statistical Data is a requirement in serving the interests of a jurisdiction. It is my contention that those jurisdictional representatives on the HAP board that refuse to provide authentic, accurate, complete and timely Public Housing Statistical Data to their elected leaders can and should be removed from their appointed office.
It is very important that the elected officials in Portland, Gresham and Multnomah county can see evidence that the Housing Authority of Portland has its data house sufficiently in order that it can, in fact, produce these very simple requested reports in a matter of minutes if not seconds from the computers on which these client records are stored.
It is very important that the elected officials in Portland, Gresham and Multnomah county that have representatives of their governments sitting on the HAP board of directors are aware of this and future requests for Public Housing Statistical Data so that they may make judgements and take individual actions regarding access to Public Housing Statistical Data and those that purportedly serve the interests of their jurisdictions.
It must also be noted that the mayor of Portland, Sam Adams, has the singular statutory authority and responsibility to both nominate and dismiss any and all HAP board members.
The Housing Authority of Portland and the Portland Bureau of Housing are NOT exempt from public scrutiny and accountability.
Thank you.
Richard Ellmyer
Taxpayer
Voter
Homeowner
Business Owner
Candidate for North Portland House Seat in the May 2010 Democratic Primary.
*******************
I note that there are four separate requests for public records, none of which violate 192.501 Public records conditionally exempt from disclosure.
Report #1. HAP Public Housing Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database.
These public records are kept on a computer database. To produce this report it is necessary to do a Find on the household field. Time required - seconds. After the 1 person household records have been selected it is necessary to export only two fields of each record i.e., income and last modification date in the universal format of a tab delimited text file. Time required - seconds. The final step is to drag the resultant file onto an email and send it to me. Time required - seconds. Total time to create and send this report - less than a minute. There is no possible reason to involve an attorney to inspect or redact information on this report. Cost factor - Zero.
Report #2. HAP Section 8 Housing Voucher Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database.
These public records are kept on a computer database. To produce this report it is necessary to do a Find on the household field. Time required - seconds. After the 1 person household records have been selected it is necessary to export only two fields of each record i.e., income and last modification date in the universal format of a tab delimited text file. Time required - seconds. The final step is to drag the resultant file onto an email and send it to me. Time required - seconds. Total time to create and send this report - less than a minute. There is no possible reason to involve an attorney to inspect or redact information on this report. Cost factor - Zero.
Report #3. New Columbia in North Portland's Portsmouth Neighborhood Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database of HAP public housing clients (means test + government subsidy + rental agreement) living in New Columbia as of December 1, 2009.
These public records are kept on a computer database. To produce this report it is necessary to do a Find on the household field. Time required - seconds. After the 1 person household records have been selected it is necessary to export only two fields of each record i.e., income and last modification date in the universal format of a tab delimited text file. Time required - seconds. The final step is to drag the resultant file onto an email and send it to me. Time required - seconds. Total time to create and send this report - less than a minute. There is no possible reason to involve an attorney to inspect or redact information on this report. Cost factor - Zero.
Report #4. HAP Affordable Housing Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database of HAP public housing clients (means test + government subsidy + rental agreement) living in all of HAP's 32 properties in Multnomah county as of December 1, 2009.
Despite the fact that people living in properties involved in this program are indeed HAP clients, HAP continues to claim that they have no records of these individuals. How can this be? HAP's refusal to maintain its own database records of their clients in this program cannot be grounds for not producing these public records which should be on their computer databases just like the above programs. HAP's refusal to maintain these public client records is based on HUD's disinterest in such data. However, that cannot be allowed to be an excuse to hide these records or claim a cost which is higher than the cost of obtaining public records from HAP's other three housing programs.
Please include the precise total number of HAP clients in each category as of December 1, 2009.
Total time to gather and send this statistical information - less than a minute. There is no possible reason to involve an attorney to inspect or redact information on this report. Cost factor - Zero.
As stated in my original email to HAP on December 11, 2009 it is my intention to use this public housing statistical data as a basis for discussion by taxpayers and voters in North Portland and beyond. Voters, certainly many in my district, will want to debate the merits of using taxpayer funds to provide Public Housing to one person households earning 48K and beyond.
Thank you for expediting this matter.
Richard Ellmyer
Candidate for the North Portland House seat in the May 18, 2010 Democratic primary.