2005
PUBLIC RECORDS REQUESTS
UPDATED: 12/22/06
A "LMUD Cheat-the-public" Fund. BALANCE $0.00
Click below to view the original requests and responses
7/17/05-Frank Cady takes LMUD FAX number (257-2558) off the "Public Records Act Request Form and blocks KWH phone number
7/25/05: LMUD blocked KWH's phone number from faxing public records requests to LMUD. They are now hand-delivered.
2005 TOTAL: 44 PUBLIC RECORDS REQUESTS
DATE: December 22, 2005 City of Susanville DUE: 1/2/06 COST: $12.00
Copy of Request Susanville Response
Current Status: On 1/3/06, received response for prepayment of $12.00. Received documents on 1/5/06.
DATE: December 7, 2005 LMUD DUE: 12/17/05 COST: $4.50
Copy of Request LMUD Response #1 LMUD Response #2
Current Status: 12/13/04 LMUD asks for additional time. Richey is intentionally delaying every public records request.
Documents received: 1/3/06 LMUD Directors continue to hide their expenses.
DATE: November 22, 2005 LMUD DUE: 12/2/05 COST: $82.00
Copy of Request LMUD Response LMUD Response #2
Current Status: 12/1/05 LMUD requires an additional 14 days to comply and requires "prepayment" again.
12/15/05: Payment was made. Bill Stewart stated that the documents were completed.
12/16/05: No documents were received. Richey has no intention of complying with the Public Records Act. Richey is under no direct supervision or control of the public utility. Richey demonstrates continued incompetency. The public records requested are ordinary in nature and could have been handled "in-house".
12/17/05: Documents received.
DATE: November 16, 2005 LMUD DUE: 11/26/05 COST:$207.75
Copy of the Request LMUD Response #1 Response to LMUD
Current Status: LMUD delays request and requires a prepayment of documents before documents will be released. Request for payment was sent on 11/23/05. Payment could not be made due to the Thanksgiving holiday. LMUD offices were closed 11/24 and 11/25. Payment was made on 11/28/05. The documents were due on 11/26/05.
11/29/05: LMUD Staff refuses to release documents. Richey decides to hold the documents after payment is made on 11/28/05 and told LMUD staff that she will not release them until the postage is paid ($7.25). A specific request to pick the documents up was made on 11/28/05. President Cardenas is told that the documents have been mailed.
12/1/05: Received documents through 12/1/05. Richey back dated the postage again to attempt to make it appear as though she had mailed the documents on 11/22/05. A childish act that seems to be her trademark.
DATE: November 14, 2005 LMUD DUE: 11/24/05 COST: $15.75
Copy of the Request LMUD Response
Current Status: Complete, received 11/23/05
DATE: November 9, 2005 LMUD DUE: 11/19/05 COST: $3.50
Current Status: Complete, received 11/19/05
DATE: October 13, 2005 LMUD DUE: 10/23/05 COST: $29.50
Copy of Request LMUD RESPONSE LMUD RESPONSE #2 Cady's Response
Current Status: 10/20/05- LMUD requests an additional 14 days to determine whether or not they will comply with the law, promised on 11/2/05
Non-compliance 11/4/05: LMUD failed to include legal invoices and supporting documentation. LMUD legal counsel (Frank Cady) determined three years ago that these were disclosable public documents. In order to hide Jaimee Richey's unverifiable legal fees LMUD's General Manager and Richey's law partner, intends to withhold all legal invoices. LMUD has no litigation, pending or otherwise. If they had litigation, the Board is obligated to reveal such litigation. LMUD's legal fees are primarily redundant legislative research and the tasks (attorney/client privileged entries) are always fully redacted.
This is a blatant violation of the Public Records Act.
Cady and Richey would lose in court...guaranteed (past practice waived any right to refuse to disclose the time and task of their invoices) Cady and Richey know that only "litigation" time and task detail can be withheld.....LMUD does not have any litigation through Richey. She is a "legal aid" to Frank Cady......
Jaimee Richey is LMUD's General Manager's law partner. Both Frank Cady and Jaimee Richey lied to obtain public contracts and to intend to continue to withhold their unverifiable legal invoices. These invoices are disclosable public documents. Cady's Response
LMUD is required to file the Third Quarter State & Federal Payroll reports by October 31. The public records were sent on November 2, 2005. LMUD requested an additional 14 days in order to comply and then failed to include the Third Quarter payroll reports.
DATE: October 4, 2005 LMUD DUE: 10/14/05 COST: $51.00
Copy of Request LMUD RESPONSE LMUD RESPONSE KWH RESPONSE
FRANK CADY RESPONSE KWH RESPONSE TO CADY
Current Status: 10/7/05, LMUD requests an additional 14 days: 10/28/05
This PRA requests included a copy of Resolution 2001-03. This document stated that LMUD General Manager must comply with CPUC 14403.3 (requirements for the General Manager's Report). This document was released on 10/20/05, one day after the Public Hearing.
Documents received on 10/20/05- LMUD now states that they intend to withhold all legal supporting documents for all law firms, just to hide Jaimee Richey's over billing and undocumentable legal fees.
Jaimee Richey (LMUD legal counsel) and Frank Cady (LMUD General Manager) lied to obtain public contracts. Jaimee Richey and Frank Cady are partners in Cady,vPardee & Richey LLP.
Frank Cady began withholding his invoices when the Arrowrock legal fees invoices were being requested. All other legal invoices including supporting documentation have been released with no "privilege" being exercised. LMUD gave up their right of privilege after releasing three years of legal invoices (with supporting documentation)
Public Records Act, Section 6257.5 states that, "This chapter does not allow limitations on access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure."
DATE: September 15, 2005 LMUD DUE: 9/25/05 COST: $36.00
Copy of Request Non-Compliance LMUD Response KWH Demands Documents
Current Status: 9/26/05, NON COMPLIANCE
9/29/05, Documents received. Jaimee Richey has filed no 700 Form with LMUD, even though Susanville Chief of Police concluded that LMUD General Counsel is an "officer" of the District and LMUD also refuses to release Richey's LMUD invoices.
10/12/05, LMUD paid Richey, July & August 2005, without requiring any documentation for her legal fees. All other law firms have submitted proper invoices detailing the time spent and the task. Richey is still partners with Frank Cady. (Gross Conflict of Interest, and the LMUD Board doesn't care)
DATE: August 17, 2005 LMUD DUE: 8/27/05 COST: $0.75
Current Status: 8/26/05 Complete
DATE: August 8, 2005 LMUD DUE: 8/18/05 COST: $28.25
Copy of Request LMUD Response #1 Response to LMUD Non-Compliance
Current Status: 8/15/05-LMUD General Manager returned PRA stating that the LMUD PRA request form was not submitted.
This is the third public request for documents that Frank Cady has abused his authority.
Letter of non-compliance sent 8/19/05
8/26/05- NON COMPLIANCE-
8/31/05-Writ of Mandate being prepared to secure documents
9/1/05- Documents received
DATE: July 29, 2005 LMUD DUE: 8/8/05 COST: $10.25
Copy of Request Non-compliance LMUD Response
Current Status: Non-compliance, no response from LMUD
Jaimee Richey, attorney at law, used a postage meter, with United States first class postage, to put a false date of mailing, on the documents, received 8/11/05. Childish act by a very immature adult.
DATE: July 25, 2005 LMUD DUE: 8/4/05 COST: $0.75
Current Status: Complete 8/1/05
DATE: July 13, 2005 LMUD DUE: 7/23/05 COST: $1.75
Current Status: Complete 7/15/05
DATE: July 5, 2005 LMUD DUE: 7/15/05 COST: $0.00
Copy of Request Delivery Confirmed Non-Compliance LMUD Response
Current Status: 7/16/05, No response from LMUD, Non-compliance. 8/8/05-Complete
DATE: June 14, 2005 LMUD DUE: 6/24/05 COST: $0.25
Current Status: Complete 6/18/05
DATE: June 13, 2005 CTY CLERK DUE: 6/23/05 COST: $14.50
Copy of Request County Clerk Response #1
Current Status: Complete 6/13/05
DATE: June 13, 2005 LMUD DUE: 6/23/05 COST: $0.00
Copy of Request LMUD Response #1
Current Status: LMUD asks for an additional 14 days
DATE: June 7, 2005 LMUD DUE: 6/17/05 COST: $10.00
Copy of Request LMUD Response #1
Current Status: LMUD asks for 14 additional days Complete 6/21/05
DATE: June 6, 2005 LMUD DUE: 6/16/05 COST: $7.25
Copy of Request LMUD deleted the Agendas & Minutes requested LMUD response
Current Status: Complete 6/16/05
DATE: May 27, 2005 LMUD DUE: 6/7/05 COST: $4.25
Current Status: Received 6/3/05- Complete
DATE: May 25, 2005 LMUD DUE: 6/3/05 COST: $1.25
Current Status: Received 6/3/05-Complete
DATE: May 19, 2005 LMUD DUE: 5/29/05 COST: $9.00
Current Status: Received 5/27/05: complete
DATE: May 16, 2005 LMUD DUE: 5/26/05 COST: $0.00
Copy of Request LMUD Response KWH Response KWH Response
Current Status: Complete: 5/25/05-KWH was allowed to review LMUD meeting tape at the LMUD office. The new LMUD interim General Manager provided a copy of the LMUD May 11, 2005 audio tape to review. A copy of the tape was made.
DATE: May 13, 2005 LMUD DUE: 5/23/05 COST: $3.50
Current Status: 5/21/05: Complete
DATE: May 9, 2005 LMUD DUE: 5/19/05 COST: $14.75
Current Status: 4/18/05- Failed to include all copies of checks issued to Darrell Wood.
DATE: April 18, 2005 LMUD DUE: 4/28/05 COST: $0.00
Current Status: NON RESPONSIVE
-Received response 5/2/05. No checks written to Frank Cady 2004-2005
DATE: April 10, 2005 LMUD DUE: 4/21/05 COST: $0.25
Current Status: COMPLETE: 4/18/05: Frank Cady is not an official, staff member or an employee and not required to submit a 700 Form (Conflict of Interest Statement)
DATE: April 9, 2005 LMUD DUE: 4/21/05 COST: $0.00
Current Status: 4/18/05: LMUD has no contract with Cady & Pardee yet all 1099's have been issued to Cady & Pardee from 2002-2004. Frank Cady has received no payroll checks.
DATE: April 7, 2005 LMUD DUE: 4/17/05 COST: $0.00
Copy of Request Frank Cady not an official
Current Status: 4/18/05; Non-compliance- No response by LMUD. Frank Cady is not an official of LMUD and does not even qualify as a "designated employee" as far as LMUD is concerned and is not entitled to any benefits. Frank Cady is an independent contractor.
DATE: April 6, 2005 LMUD DUE: 4/16/05 COST: $18.90
Copy of Request LMUD Response LMUD Response #2
Current Status: 4/18/05; LMUD requests an additional 14 days. Received 4/30/05. It appears that Jaimee Richey had a temper tantrum. The documents were thrown down and then shuffled and then bate stamped. Page 40 was missing (LMUD receivables 8/24/03- 9/3/03). LMUD never issued Frank Cady any checks in 2004 and January, February and March of 2005.
DATE: April 1, 2005 County Clerk DUE: 4/11/05 COST: $1.50
Copy of Request County Clerk Response
Current Status: Received 4/11/05
DATE: March 31, 2005 County Clerk DUE: 4/10/05 COST: $11.00
Current Status: Complete, 3/31/05
DATE: March 30, 2005 County Clerk DUE: 4/9/05 COST: $5.00
Current Status: Complete, 3/31/05
DATE: March 14, 2005 LMUD DUE: 4/8/05 COST: $21.00
Copy of the Request LMUD Response #1 LMUD Response #2 KWH RESPONSE
Current Status: LMUD requests an additional 14 days.
NON-COMPLIANCE: Rec. 4/4/05
LMUD does not have a contract with Cohn & Whitesell LLP. Frank Cady submitted a phony document link to the LMUD Board from the law firm of Cohn & Whitesell LLP. No payments have been made to Cohn & Whitesell for work on the "alleged" Enron claim.
Frank Cady paid Cohn, Khoury Madoff and Whitesell through his invoice to LMUD. In January & February, of 2003, Frank Cady invoiced LMUD $4537.47 for work that Cohn Khoury Madoff and Whitesell did. LMUD now claims that they never paid this law firm. This was a time that Frank Cady hid expenses in his invoices so they would not be traceable by the public.
LMUD refuses to disclose administration costs for the Public Benefits program.
LMUD refuses to disclose month by month annual revenue for 2002, 2003 and 2004. (Received by filing a new request)
LMUD refuses to disclose a copy of the $100,000 voucher to Evelene Twitchell.
LMUD refuses to disclose a copy of checks/vouchers for LMUD memberships paid in 2004.
LMUD refuses to disclose the vouchers for payments
LMUD refuses now to disclose the detail of tasks. KWH used this detail of tasks to show the court that LMUD had been over-billed and Frank Cady overstated work on the KWH v LMUD lawsuit. Due to this exposure, Frank Cady now does not release any of these detailed reports. Although the privileged statements are heavily redacted, the detailed reports indicated who did the tasks, when the task was performed and how much time was spent. Frank Cady now refuses to disclose even redacted "time and task" detail.
DATE: March 9, 2005 County Clerk DUE: 3/19/05 COST:
Copy of Request County Clerk Response
Current Status: Complete The County Clerk originally charged $19.10 for six pages. This was reduced to $8.00 ? A search charge of $15.60 was charged ? To copy six pages of public documents...$8.00?
DATE: March 7, 2005 Cty Clerk DUE: 3/17/05 COST: $19.10
Copy of Request County Clerk Response County Clerk Response
Current Status: Complete
DATE: March 4, 2005 LMUD DUE: 3/14/05 COST: $0.00
Current Status: Non-compliance- Evelene Twitchell is required, under her contract, to produce an annual status report to the Board, on January 15 of each year. Jaimee Richey says that they don't exist....?
DATE: February 24, 2005 LMUD DUE 3/6/05 COST PAID: $0.00
Current Status: 3/1/05:Non-compliance. Nancy Cardenas stated, at the LMUD meeting that she received an e-mail from Wayne Langston. This was confirmed at the meeting. Now LMUD's legal counsel claims that Cardenas did not tell the truth about the e-mail, or LMUD's legal counsel has lied again. The tape recording of the meeting confirms that the e-mail came from Langston.
Jaimee Richey lied about the Twitchell release agreement not being finalized. It was finalized on 2/28/05. Richey sent the notice, that it was not finalized on March 1, 2005. The Twitchell release agreement was obtained from the LMUD office on 3/4/05.
DATE: February 11, 2005 LMUD DUE 2/21/05 COST PAID: $24.00
Current Status: Received 2/23/05, DELINQUENT
DATE: February 3, 2005 LMUD DUE 2/13/05 COST PAID: 9.00
Copy of Request First Response Second Response
Current Status: 2/10/05,LMUD asks for an additional 14 days. Received 2/23/05
DATE: February 1, 2005 LMUD DUE 2/11/05 COST PAID: $37.75
Copy of Request First Response Second Response
Current Status: 2/10/05,LMUD asks for an additional 14 days
Received 2/19/05: LMUD redacted Nancy Cardenas and Al Vazquez's names from the state 2004 fourth quarter income tax report (DE-6), LMUD refused to disclose Wayne Langston's e-mails (Langston charged $100 for each e-mail and they are public records), LMUD is no longer disclosing Frank Cady's time and task detail (this is a disclosable document). As of 1/31/05, Twitchell did not have a separation agreement.
DATE: January 10, 2005 LMUD DUE 1/20/05 COST PAID: $16.75
Copy of Request Copy of Response
Copies of December 2004 Board Statement of Meetings, Vendor 3020 account history 7/04-12/04, G/L account 243.50 from 7/04-12/04, Twitchell contract amendments 7/04-12/04, Checks; 11022, 11034, 11041, 11043, 11048, 11055, 11067, Copies "CERTIFICATION OF LEGITIMACY OF PAYMENT OF EXPENDITURES" from 11/23/04- 1/6/05.
Current Status: Received 1/15/05
Vendor 3020 (Golden 1 Credit Union) account history 10/20/04 to 12/21/04 released, No contract amendments to Twitchell's contract from April/2004-Dec/2004.
LMUD paying $1083.33 for a 457 K retirement plan for Cady illegally, contract does not include retirement plan. Cady also receiving full medical insurance through Cost Containment Concepts.
NCPA co-generation documents indicate LMUD over budget in Phase II. Membership fee of $225 in Sinnet Consulting Service (DOT driver consortium membership). Certification of Legitimacy of payment of expenditures released from 11/22/04, 12/8/04, 12/22/04, 1/6/05.