Four years from now, when Lansing
elects a new mayor, it must be someone who commits to open
government. The people of Lansing should no longer put up with the
humiliation of having to beg for information about the City and the
Board of Water and Light.
This thought was prompted by the city
attorney's response to a Freedom of Information Act request. On
January 29, I asked for the meeting minutes of the city's two
retirement boards for November, December and January, plus one
meeting from 2012. I said I preferred PDF files, which could be
emailed at no cost. The minutes average 5 pages each for a total of
about 35 pages.
Assistant City Attorney Donald
Kulhanek
responded in a PDF file attached to an email. He said the
records were available upon the receipt of $50.50 for labor, copying
and mailing costs.
I'm not paying.
I will eventually get the
November-January minutes for free. When she gets around to it, Karen
Williams, the retirement board secretary, will provide them to the
city clerk, who will combine them in a single PDF document with the
minutes of several other board, commission and authority minutes and
post them under "Documents Placed on File" on his website. I will
download the document, print off the pages I need, scan them and
post the images to my website, where all city
retirement board minutes since 2010 are available - free of
charge - at the click
of a mouse.
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Update: I gave
in, paid the $50.50 and got copies of the November-January
minutes. They never did get posted to the city clerk's
website. Neither have the February and March minutes, but I
got those, too - not with a FOIA request, but by asking for
them at the city clerk's office (9th floor, City Hall). For
copies, they charge $1.00 for the first page and $.10 for
each additional page. I paid $2.80 for 19 pages. If the City
Attorney had charged that rate, I would have paid $5.10 for
42 pages rather than $50.50.
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The
Open Meetings Act says in Section
9 that draft minutes must be available for public inspection within
8 business days of the meeting. Approved minutes must be available within 5 business
days of the meeting in which they are approved. The Act doesn't
require them to be posted on a website, however, so in Lansing you have to go
to City Hall and track them down.
More
retirement system information coming?
Senate
Bill 797, an amendment to the Public Employee Retirement
System Act signed by Governor Snyder
on December 5, 2012, requires the City to post a lot more
information about its retirement systems on its website.
Unfortunately, retirement board meeting minutes are not
included. Here is what is
required:
-
The
name of the system.
-
The
names of the system’s investment fiduciaries.
-
The
names of the system’s service providers.
-
The
system’s assets and liabilities and changes in net plan
assets on a plan-year basis.
-
The
system’s funded ratio based upon the ratio of valuation
assets to actuarial accrued liabilities on a plan-year
basis.
-
The
system’s investment performance net of fees on a rolling
calendar-year basis for the previous 1-, 3-, 5-, 7-, and
10-year periods.
-
The
system’s administrative and investment expenditures
pursuant to standards of the governmental accounting
standards board, including, but not limited to, a list
of all expenditures made with soft dollars and all
expenditures for professional training and education,
including travel expenditures, by or on behalf of system
board members that are paid by the system, if any.
-
The
system’s itemized budget containing all projected
expenditures, including, but not limited to,
expenditures for professional training and education,
including travel expenditures, by or on behalf of system
board members that
are paid by the system.
-
The
following information as provided in the system’s most
recent annual actuarial valuation report:
-
The number of active members.
-
The number of retirees and beneficiaries.
-
The average annual retirement allowance.
-
The total annual retirement allowances being paid.
-
The valuation payroll.
-
The employer’s computed normal cost of benefits
expressed as a percentage of valuation payroll.
-
The employer’s total contribution rate expressed as
a percentage of valuation payroll.
-
The weighted average of member contributions, if
any.
-
The actuarial assumed rate of investment return.
-
The actuarial assumed rate of long-term wage
inflation.
-
The smoothing method utilized to determine the
funding value of assets.
-
The amortization method and period utilized for
funding the system’s unfunded actuarial accrued
liabilities, if any.
-
The system’s actuarial cost method.
-
Whether system membership is open or
closed to specific groups of employees.
The law
also requires the City to
-
prepare
and maintain written objectives, policies, and strategies
with clearly defined accountability and responsibility for
implementing and executing the retirement system’s
investments and
-
prepare and maintain written policies
regarding ethics and professional training and education,
including travel, which policies contain clearly defined
accountability and reporting requirements for the system’s
investment fiduciaries.
As with
the retirement board meeting minutes, these
last two items do not have to be published on the website.
Although the law went into effect in
April 2013, it is not clear when the City is required to comply - and
it hasn't. The law says the information is to published in "a
summary annual report". Does that mean we can expect it in April 2014?
Will it be part if the City's
$2.2 million overhaul of the city’s technology infrastructure?
Even more information needed
There is even more I'd like to see on the City's website.
For example:
Employees. I'd like to see the following
information for all current employees:
I obtained some of that information for
Board of Water & Light employees for 2008
and for
City employees for 2010.
Retirements. For all
retirements in the last few years, I'd like to see the
following:
-
Name
-
Retirement date
-
Straight life pension amount
-
Years of service, purchased
service, Reciprocal Retirement Act service
-
Age at retirement
-
Position
-
FAC
-
Multiplier
-
Salary
Something like this.
And this. Sadly, pension details can no longer be revealed.
Senate Bill 797, the same bill that requires all that pension plan
information to be posted to a website, prohibits releasing pension
calculation details to the public:
Except as otherwise provided in
this subsection, information regarding the
calculation of actual or estimated retirement
benefits for members of the system is exempt
from disclosure by the system or the political
subdivision sponsoring the system pursuant to
Section 13(1)(d) of the Freedom of Information
Act, 1976 PA 442, MCI 15.243.
I've tried
unsuccessfully to determine what senator was responsible for
slipping that item into the bill. I even obtained a recording of the
final Senate hearing on the bill. The provision was not mentioned.
Maybe I should offer a reward.
Union contracts and dues.
Information on union dues for members and fees for non-members
should be available. I obtained
union dues payment records for all City employees for one pay
period in 2012.
All union contracts should be
available, along with benefit information for non-union groups.
I have all that on my website, but it hasn't been updated
for a few years. You can also get the City's union contracts on
the
Mackinac Center's website.
The BWL's only union is the
International Brotherhood of Electrical Workers (IBEW). I have
only their
2008
contract.
Other contracts. Any other
current City or BWL contract should be available, along with
those for the last 5 years or so, such as that two-year,
$1.2 million contract with Lansing-based Dewpoint Inc. Here
are all 5 of the contracts for BWL managing director J. Peter
Lark:
2007
2008
2009
2012
2013
A summary of those contracts is
here.
You probably can think of other
information that could be published on the City's website. Anything
not of a personal nature that might be of interest to the public
should be there. It is the right thing to do, and having this
information readily available would be
useful to the city council, city administrators and city employees. It
would certainly cut costs for the city attorney's office, which
would have to deal with fewer FOIA requests.
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