No wrong done in records denial, access counselor says

Clark County

Discussion

September 10, 2008

By DAVID A. MANN The News and Tribune Wed Sep 10, 2008, 11:51 AM EDT

Indiana open records law was not violated when the Jeffersonville Clerk-Treasurer’s office did not release credit card statements, according to an opinion recently issued by Indiana Public Access Counselor Heather Willis Neal.

The opinion followed a complaint by resident Mike Hutt, a former Jeffersonville City Council candidate, who had requested copies of credit card statements.

City officials maintain that the statements Hutt was requesting belonged personally to Clerk-Treasurer Peggy Wilder, not the city.

“The credit card statements Mr. Hutt requested were credit cards that Ms. Wilder obtained through her personal credit, her personal Social Security number and she was personally obligated to pay the debt upon those credit cards,” a statement from the city said responding to the formal complaint Hutt made.

In the opinion, Neal said, the central issue in the complaint was whether the credit cards were obtained by the city or by Wilder herself.

“Whether the credit cards belong to the public agency or the individual, what documentation the clerk is required to submit to receive reimbursement for public agency expenses and the guidelines for using personal credit cards for public expenses are issues outside the purview of this office and are issues which may be addressed by the Indiana State Board of Accounts,” Neal wrote.

The fact that the clerk’s office provided Hutt with access to records relating to reimbursement for city expenses, satisfies the open records law, she said.

Hutt has said he wanted to look at the credit cards as talk of impropriety has surfaced.

Larry Wilder — ex-husband to Peggy Wilder and attorney to the Jeffersonville City Council — has handled the request for the clerk-treasurer’s office. He said he was asked by the office staff to represent them.

“This credit card was a personal debt. Mr. Hutt’s effort to try and slander and malign is just another example of mean-spirited, hateful politics,” Wilder said.

“If Mr. Hutt wants to be a watchdog for this community, he would be better served if he actually spent his time looking into legitimate issues.”

Hutt responded saying, “I’m just trying to get to the truth, and if the clerk-treasurer can show me some records, they can put an end to this now,” he said.

Hutt said he disagreed with Neal’s opinion, saying that it was based on a response from the city that looked to be a forgery.

The response from the city was signed “Suzy Bass, Chief Deputy.”

However, it didn’t appear to be Bass’ handwriting, based on previous examples of her signature.

Bass admitted that she didn’t sign the document, but said that fellow deputy Barbara Hollis had her permission to sign her name.

Bass said she was out of town at the time and had Hollis read it to her over the phone, then gave her authorization to sign her name.