Friday, 25 July 2014

FW: [WardFive] Cmr. Steptoe's response to CityPaper x2 -- FW: Lawsuit

-----Original Message-----
From: wardfive@googlegroups.com [mailto:wardfive@googlegroups.com] On Behalf
Of Steptoe, Carolyn C.(ANC 5B04)
Sent: Friday, July 25, 2014 13:51
To: Steptoe, Carolyn C.(ANC 5B04)
Cc: Steptoe, Carolyn C.(ANC 5B04)
Subject: [WardFive] Cmr. Steptoe's response to CityPaper x2 -- FW: Lawsuit

From: Steptoe, Carolyn C.(ANC 5B04)
Sent: Friday, July 25, 2014 10:57 AM
To: Will Sommer
Subject: RE: Lawsuit

Hi Will -

Thanks for your email. Given what I have already seen as your writings on
this, I do not believe you will prep a balanced, objective piece. Still,
for for posterity's sake here's my take (again):

I believe my impression of the case about my personal tape recorder (which
is not an ANC tape) & the judge's orders remains the same as I sent you in
April/below.

You may write/reiterate if so inclined that, in response to my query to OAG
in April 2013 about whether my personal tape recorder (used at the SMD
meeting I adjourned as a result of the very disruptive, disorderly mob-like,
unruly antics of 70+ attendees) is subject to FOIA, OAG replied in writing
(in May 2013) that (1) my personal tape recorder is not subject to FOIA
(they cited Secretary of State Henry Kissinger case) and (2) OAG indicated
that the April 2013 SMD meeting within which I used my personal tape
recorder is not recognized by DC Home Rule Act or other DC regs. as a bona
fide DC gov't meeting. In spite of that however, (3) I volunteered to the
court my personal tape recorder when I testified. My recorder was not
subject to subpoena nor was I obliged to provide it. I volunteered the
recorder since I have/had nothing to hide. Why not provide it voluntarily
to the court?

But, why the judge ruled counter these facts as he did is anyone's guess.
One never knows about a judge's ruling or judicial perspective. It's a crap
shoot - which is, of course, the basic nature of judicial proceedings.
Lower court rulings are why higher courts/appeals courts exist. OAG and
Office of Solicitor General settled w/o further appeal; that's their call
too.

Have a great summer Will!

Very kind regards,

Commissioner Carolyn C. Steptoe
Single Member District 5B04
Vice Chairperson, Advisory Neighborhood Commission 5B GOVERNMENT OF THE
DISTRICT OF COLUMBIA 5B04@anc.dc.gov
(202) 321-3860/ANC cell
(202) 636-8191/home
(pardon typos, etc.)


****************
WHAT IS AN ANC?
The Advisory Neighborhood Commissions (ANCs) are locally elected bodies
which shall advise the Council of the District of Columbia, the Mayor and
each executive agency, the Government of the District of Columbia, all
independent agencies, boards and commissions with respect to all proposed
matters of District of Columbia governmental policy including but not
limited to decisions regarding planning, streets, recreation, social service
programs, education, health, safety, and sanitation which affect the
Commission area. In each of these areas, the intent of the ANC legislation
is to ensure input from an advisory board that is made up of the residents
of the neighborhoods that are directly affected by government action. The
ANCs are the body of government with the closest official ties to the
citizens in a neighborhood. Commissioners serve without compensation. See
PL 93-198 and DCL 1-21, as amended.

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can now be rated.
Visit www.Grade.DC.gov today to log your feedback on any of 15 D.C.
Government agencies.

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tification+Day+2014
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________________________________________
From: Will Sommer [wsommer@washingtoncitypaper.com]
Sent: Friday, July 25, 2014 10:04 AM
To: Steptoe, Carolyn C.(ANC 5B04)
Subject: Re: Lawsuit

Hi Carolyn,

In light of the lawsuit being settled, I'm writing another story about the
ANC tape. Would love to talk (I'm at 703-863-1148) or get your impression on
the case via email if that works better for you.

Thanks
Will


On Wed, Apr 16, 2014 at 4:35 PM, Steptoe, Carolyn C.(ANC 5B04)
<5B04@anc.dc.gov<mailto:5B04@anc.dc.gov>> wrote:
Hi Will -- Thanks so much for your email. Unfortunately, my time is limited
but, I did want to respond quickly to you. I can only say that, with all due
respect to the court, I strongly disagree with all Judge's O'Keefe's rulings
in this audio FOIA case; his earlier rulings that (1) SMD info meetings are
bona fide DC gov't meetings (nothing in DC Home Rule Charter and DC statute
even acknowledges SMD meetings or info sessions and that (2) an ANC
commissioner's personal effects and property (in this case, my audio
recording device) are subject to public grabs under the auspices of public
availability under FOIA in the course of ANC duty. Does that mean my car,
home computer, phone, even house are subject to FOIA because they are used
in the course of performing unpaid ANC work there? As unpaid entities, most
ANCs citywide use their personal effects in the course of ANC duties.
Interestingly though, both the SMD and personal property queries were
substantiated to me in writing by OAG (the former also by the Office of the
ANC) in late April/early Mary 2013 when this audio FOIA matter first arose
(which I presume this court was aware) so, I am confused how these rulings
occurred and this matter got this far.

However, what is most disturbing now is the judge's recent order which says
- in none to subtle terms - that I deliberately disobeyed/destroyed court
order by deliberately destroying property and worse, that I perjuryed under
oath. What??? I volunteered to the court my tape recording device. I was
not ordered nor subpoenaed to bring it. I voluntarily brought it to court
and offered it to the court in the course of my testimony. No reason not to
since I function in good faith as a dutiful, knowledgeable citizen.

Suffice it to say then, as a personal affront to my character and
professional disposition and in conjunction with the judge's other rulings
in this FOIA case, yes, I am disappointed, shocked and continue to strongly
disagree with Judge O'Keefe's rulings in this matter.

Apologies if this is cryptic but I did want to provide you a response. Thank
you again.

Very kind regards,

Commissioner Carolyn C. Steptoe
Single Member District 5B04
Vice Chairperson, Advisory Neighborhood Commission 5B GOVERNMENT OF THE
DISTRICT OF COLUMBIA 5B04@anc.dc.gov<mailto:5B04@anc.dc.gov>
(202) 321-3860<tel:%28202%29%20321-3860>/ANC cell
(202) 636-8191<tel:%28202%29%20636-8191>/home
(pardon typos, etc.)


****************
WHAT IS AN ANC?
The Advisory Neighborhood Commissions (ANCs) are locally elected bodies
which shall advise the Council of the District of Columbia, the Mayor and
each executive agency, the Government of the District of Columbia, all
independent agencies, boards and commissions with respect to all proposed
matters of District of Columbia governmental policy including but not
limited to decisions regarding planning, streets, recreation, social service
programs, education, health, safety, and sanitation which affect the
Commission area. In each of these areas, the intent of the ANC legislation
is to ensure input from an advisory board that is made up of the residents
of the neighborhoods that are directly affected by government action. The
ANCs are the body of government with the closest official ties to the
citizens in a neighborhood.
Commissioners serve without compensation. See PL 93-198 and DCL 1-21, as
amended.

Grade.DC.gov<http://Grade.DC.gov> has expanded again! Check out which five
additional agencies can now be rated.
Visit www.Grade.DC.gov<http://www.Grade.DC.gov> today to log your feedback
on any of 15 D.C. Government agencies.


April is National 9-1-1 Education Month!
Create a Safety Profile for your household at
Smart911.com<http://www.smart911.com/>.
It's free, 100% private and secure.

________________________________
From: Will Sommer
[wsommer@washingtoncitypaper.com<mailto:wsommer@washingtoncitypaper.com>]
Sent: Wednesday, April 16, 2014 1:48 PM
To: Steptoe, Carolyn C.(ANC 5B04)
Subject: Lawsuit

Hi Commissioner Steptoe,

My name's Will Sommer, and I'm writing a story about the recent court ruling
in your FOIA case. I'd love to talk with you when you're available today, my
number's 703-863-1148<tel:703-863-1148>.

Thanks for your time
Will

--
Will Sommer
Loose Lips Columnist, Washington City Paper
wsommer@washingtoncitypaper.com<mailto:wsommer@washingtoncitypaper.com>
Loose Lips Blog<http://www.washingtoncitypaper.com/blogs/looselips/>
Office: 202-650-6925<tel:202-650-6925>
Cell: 703-863-1148<tel:703-863-1148>





--
Will Sommer
Loose Lips Columnist, Washington City Paper
wsommer@washingtoncitypaper.com<mailto:wsommer@washingtoncitypaper.com>
Loose Lips Blog<http://www.washingtoncitypaper.com/blogs/looselips/>
Office: 202-650-6925
Cell: 703-863-1148

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