Carmel citizen concerned for city’s financial future

One Carmel citizen reached out to The Reporter recently with concerns about Carmel’s financial future as well as his inability to get sufficient documentation from the city to do his own research. Mike Shaver appeared at the Monday, June 19 meeting of the Carmel Common Council to ask council members for the transparency many of them have promised when running for office.

At issue is a Freedom of Information Act (FOIA) request for records on Carmel’s financial report, which at least one council member has indicated both exists and which shows that the city’s revenues are sufficient to repay its accumulated debt.

According to the United States Department of Justice FOIA guide, “A category of documents particularly likely to be found exempt under the deliberative process privilege is ‘drafts,’ although it has been observed without much analysis that such a designation “does not end the inquiry.” It should be remembered, though, that the very process by which a ‘draft’ evolves into a ‘final’ document can itself constitute a deliberative process warranting protection. As a result, Exemption 5 protection can be available to a draft document regardless of whether it differs from its final version.”

Shaver told The Reporter there are dozens of pages of documents that Carmel’s attorney said may be relevant to his request, but which are unavailable because they are advisory or deliberative materials, which can be withheld under Indiana Code § 5-14-3-4(b)(6).

Shaver was clear in his remarks that he does not believe any candidate is breaking their stated commitment to transparency in city government, but rather that the attorney’s response to his FOIA is at issue. Shaver asked the council to make publicly available a “final” version of the financial plan that shows the city is in fact able to bear the cost of its debt.

Below is Shaver’s full statement to the council on Monday night.

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Dear Councilors:

The May 2, 2023, primary election carried several interesting messages and we now have the results. A commitment to transparency was perhaps the most prominent and universal of all campaign commitments. As we move forward toward the general election, we have a unique opportunity for candidates to formally confirm their commitments to public transparency.

On March 13, 2023, a request was filed for fiscal reporting documents related to a “financial plan” regarding Carmel revenues and debt. On May 4, 2023, an email was received from the Carmel City Attorney’s office in response to that request, stating as follows:

“The City has identified sixty-eight (68) pages of records that may be responsive to your request. However, these records are in draft form and will not be released as they constitute advisory/deliberative material and can be withheld from disclosure….”

The City Attorney’s email categorically confirms that Carmel has engaged a public policy where public documents are effectively rendered secret from the public simply by stamping them “Draft.” Such policies are actually the opposite of the transparency promised by the candidates for office, including yourselves.

We respectfully trust that the dichotomy between the City Attorney’s response denying transparency and the candidates’ campaign commitments for “transparency” needs no further explanation. We hereby respectfully request that the City Council individually and collectively confirm your commitments to transparency by promptly releasing the requested fiscal plan documents.

We further respectfully request that the Council take formal action to end the City’s policy of making documents secret simply by stamping them “draft.” Again, such a practice is the antithesis of the transparency that was promised.

We are excited that your campaigns have embraced this need for change. Democracy cannot survive when public documents are rendered secret.

Respectfully,
Mike Shaver