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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________________________________________
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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