Round 2, Cease And Desist, Or Else

Update: This is an e-mail sent from Jerry Taylor of CCE to Lisa Kuntz, the city clerk:

Hi Lisa,

Very puzzled as I was under the distinct impression from the city manager and the city attorney on last Tuesday morning, as documented by the media, that we (MEIC/CCE & Public) now had access to these beginning documents provided and laid out for our inspection by the city in the Rainbow Room? We made and confirmed certain appointments, one of which is this coming Monday morning, to again continue to review these documents at great sacrifice to our own personal time.

If SME and the city keeps changing the rules, on a whim, where does that leave the public and a supposedly now open city government? I had hoped that we were in a new era here and had a good cooperative process going, alas that appear to not be the case.

Please know that we understand that this improper decision is not your making and has no reflection on yourself!

I am informing the media to be involved in this question come Monday morning. Given these new circumstances we will be releasing some pertinent information garnered to this point. We had hoped to approach this on more amicable grounds, but alas it appears that SME has once again called the shots for our local government. When will that end?

Please pass this to the city manager and city attorney as they are the ones whom will have to provide answers to the media and the public Monday morning.

Jerry Taylor

http://www.cce-mt.org/coal plants have filters-"they are called lungs"

ps: I have just contacted ALL the media and they will be there at 10:00 AM

Continued from here: As before, the beginning of the dialogue starts at the bottom of the post.

From: Jerry Taylor
Subject: Re: Cease and Desist Demand

Aart,
This is hard to believe that an SME lawyer would threaten you over a process SPECIFICALLY set up and condoned by the city and its attorney and city commission as was well documented by the media last Tuesday morning when we were all invited to view the documents. We were all told that any and all material on the table was public records that we had rights to observe and request copies of same. If SME has a roblem with that process they darn well better see the city attorney whom opened the door to the public and made that statement. Or they need to pay a visit to the judge whom ordered the city to make these documents available. When SME and the city formed their partnership everything in that regard is public information. If SME has some proprietary information, they should have made sure it stayed within their domain and not transferred to city hall.

I am not familiar with the document she is talking about.

Jerry Taylor http://www.cce-mt.org/ coal plants have filters-"they are called lungs"

On Jul 25, 2008, at 8:28 PM, AART DOLMAN wrote:

Dear Ms. Jaraczeski thank you for informing me a few minutes ago, appro. 7:55 pm. today, that you have sent this email this afternoon. You also stated that you had tried to call me earlier in the
afternoon or evening. It is not my habit to stay glued to the computer all day or sit near a phone waiting for your calls. As a matter of routine, I only check my emails twice a day.

In addition, I was offended that you very strongly demanded that I turn the two documents of the Urquhart purchase agreement immediately. You also stated that they were part of a package of documents I had received earlier. Thus,I informed you that I cannot do this for I am a CCE and MEIC member and they seem to be in pocession of these two organizations. In addition, you told me that I was not to distribute these docements to anyone, and I reminded you that you would have to contact the MEIC legal staff to obtain these documents.

I also informed you that our CCE organization works as a team and that I do not control the behavior of other members.

I was offended by the tone of the phone conversation and do not need a lecture and even more so I do not take kindly to implied threats in relationship to accessibility of public documents.

In the future, I strongly advise you not to contact any CCE and MEIC member here in Great Falls doing research in public files. The proper procedure would be simply to contact the MEIC legal staff if you have any questions or concerns. And I appreciate it very much if you refrain from calling me or members of our CCE organization.

On Fri, 25 Jul 2008 15:41:29 -0600 "Mary Jaraczeski" wrote:

Mr. Dolman:
It has come to my attention that on around July 22, 2008, the City of Great Falls inadvertently provided you copies of two documents which contain highly proprietary and confidential protected trade secret business information belonging to Southern Montana Electric. The information contained in the documents is further protected from disclosure because it is highly private and confidential personal information belonging to Duane and Mary Urquhart and Scott and Linda Urquhart. The two documents are the 2004 option agreements with Duane and Mary Urquhart and Scott Urquhart. They are found at Exhibits G1 and G2 to the "Application to Change a Water Right." Due to the proprietary and confidential nature of these documents, and the associated legal protections provided, I hereby demand, as legal counsel for SME, that you immediately return to me, at the address below, the copies provided to you by the City; all copies of the same you have made; all notes, summaries, and any other writings derived from the documents; and that you provide me with a list of anyone you have given the documents to and anyone with whom you have discussed their contents. I further demand that you cease and desist from any further distribution of, or communication of any sort regarding, these documents and their contents. Failure to do so may cause SME to take legal action against you.

Please confirm receipt of this communication, and your agreement to abide by its terms, by reply e-mail to me ()by close of business (5:00pm.) today. Mary K. Jaraczeski

The information contained in this e-mail message may be privileged and confidential information intended only for the use of the individual or entity named above. If you have received this communication in error please notify us immediately and delete. Thank you.