Favoritism O'Fallon Style

Back on November 6, 2007, I posted about O'Fallon City Administrator Bob Lowery's statement that O'Fallon followed a "read and delete" policy in regard to emails. I followed up on my original post with another story questioning why Attorney General Jay Nixon was not investigating O'Fallon's policy since he was investigating Governor Blunt for the same actions. Since it appears as if nothing is going to be done I decided to find out if O'Fallon had changed the "read and delete" policy. Therefore, on November 29, 2007 I sent Mr. Lowery an email which stated;

• Can you provide me information regarding the city's email retention policy? Is the city still following a "read and delete" policy? If so are the deleted emails retained on the hard drive and are steps being made to retrieve these emails? Thanks

In response Lowery wrote;

• Send your request to our city clerk for the most expedient response. I would not want to delay your request. Following proper channels avoids mishandling requests even between old acquaintances. I'm sure you understand we must treat everyone the same. I'm sensitive we avoid the appearance of special treatment.

Lowery and I have known each other for years, however, we are certainly not friends and no one would mistake my request to him as a request for special treatment. In addition, my request was not for documents, which would go the city clerk, but instead was a request from an O'Fallon resident regarding city policy. In any event, I forwarded my request on the city clerk who, as expected, responded as follows;

• I do not set the City policies and do not have any public records which are responsive to your request. Therefore, at his time I do not have any information to provide to you.

I then forwarded the clerk's response back to Lowery and again requested he respond to my questions. Lowery did not respond so I emailed him a second time to which he wrote back:

• I believe I directed you to contact our city clerk, Pam Smith, for all FOIR’s. If you are not receiving adequate responses from her please let me know. Since I do not handle these types of requests personally I do not wish the appearance of showing favoritism. Frankly, you’re the only person who contacts me directly for such matters. Old acquaintances aside I believe it would be more appropriate for you to follow proper channels just as any other citizen. I know you understand this as I’ve heard you quoted on this issue many times in the past.

Lowery is well aware I am not making a FOIR (Freedom of Information Request) but instead am simply requesting him to clarify O'Fallon's policy regarding retention of emails. One would think that the O'Fallon residents, who pay Mr. Lowery his salary, would be entitled to this information, however, Lowery apparently does not share this belief.

Instead, in an attempt to avoid answering the question, Lowery makes up his own question (that this is a FOIR request) to which he indicates he cannot respond. However, Lowery was not satisfied with just ignoring my questions, therefore, he attempts to paint his refusal to answer the question as a noble act; i.e. treating everyone the same, does not want any appearance of favoritism. Of course, Lowery has not required builders and developers to follow "proper channels" but instead he has met them in person to discuss city policies relating to building and developing. In fact, Lowery has found the time to intercede on behalf of builders/developers when staff tried to correctly enforce the law against them.

In O'Fallon, this is not known as favoritism but instead is known as business as usual. What a shame our elected representatives refuse to do anything about this.