EGF demands court order for public records
East Grand Forks received a records request from Timothy Charles Holmseth – refused to fill it – and decided to contact a lawyer.
EGF City Administrator David Murphy told Holmseth today he would be forwarding the record request to Attorney Brad Sinclair, the Fargo-based lawyer that represents the City for matters regarding the “Boardwalk Enterprises’ scandal.
Murphy stated the City is not going to provide any more documents to Holmseth until the City is served with Holmseth’s lawsuit. “Please serve the City at your earliest possible availability so that this matter may be handled in accordance with the rules of the court,” Murphy said.
At one point, Murphy even suggested Holmseth may not be telling the truth about being a Plaintiff in a lawsuit. “You continually claim that you have filed a lawsuit against the City and claim that the City will be served in the near future,” Murphy said. He made the disparaging comment, even after receiving a copy of the federal court docket that contains the actual case number and the names of all the Defendants.
Holmseth is in full compliance with federal rules of civil procedure and the City has no justification to arbitrarily declare it is going to withhold public records – unless select officials have something to hide, which is exactly how it appears.
Holmseth recently requested Accounts Payable records that shook the entire foundation of a fraudulent criminal case and malicious prosecution brought against Holmseth by EGF City Attorney Ronald Galstad in 2011. During the recent exchange, the City realized Holmseth knew far more about their activities then they ever suspected; and lawyered up.
Murphy’s sudden desire to involve an attorney is an attempt to withhold records that Holmseth knows exist. Holmseth will have no problem proving to the Judge what he knew and how he knew it.
Holmseth believes Murphy conducted an internal investigation of Ronald Galstad; by method of questioning Ronald Galstad; and then received legal advice from Ronald Galstad regarding what findings he should make regarding Ronald Galstad’s thorny situation.
Murphy attempted to justify withholding the records by claiming his staff was too busy and suggested Holmseth’s requests were un-necessary.
But that’s simply not true.
“[I received records that I requested] only to find that all of Lt. Rodney Hajicek SENT ITEMS had been strategically removed from the email threads. Yet, there is clearly a conversation occurring somewhere, somehow, because the one Party is engaging in what is clearly an ongoing conversation with Hajicek. The conversation is about me and having me arrested – for nothing,” Holmseth said.
The arbitrary act of refusing public records requests to protect an illegal enterprise is commonplace within the City of EGF and set forth by fact pattern and timeline in the Complaint filed by Holmseth.