• Exchange between Plaintiff M.A. Edwards and AAWC Attorney John F. Murtha, of Woodburn Wedge, highlight extreme legal positions in the Water Works Scandal case.

• SSNS allowed its first inspection (in April) of the 20-year old 1994 Final Development Plan for Reno-Stead Airport and the 1-year old Reno-Stead Airport Regional Center Plan of May, 2003.

• The 1994 Plan is clearly obsolete and is indicated as such by Attorney Murtha. The 2003 document obviously supplements a document containing an updated plan, but AAWC indicates that no such "additional plan" exists to supercede the 1994 document.

• Murtha indicates that the 2000 plan doesn't exist and is likewise as obsolete as the 1994 plan...yet the document is cited in the recent BLM Tracy to Silver Lake Power Line Proposal, seriously contradicting his assertion.

• With the failure of AAWC to impart knowledge of the existence of documents on which they base their "aggressive development plan at Reno-Stead, a show-down is now set and the Plaintiffs will file a Lawsuit over the issue of denial of Public Records access by AAWC.

• SSNS will still join Plaintiffs' Lawsuit since, according to all indications from John F. Murtha, Esq., and the AAWC, our demands for full disclosure will not be met without a fight in Court.

Reno Air MD-80 on short final to Reno International Airport.

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Murtha Demands Payment for Labor and Copies -- Two-plus years after Plaintiffs' request to inspect records.

Plaintiffs and SSNS want to inspect the records before ordering copies to avoid unnecessary expenditures.

What is Appropriate?

The State Attorney General may have already decided the issue and done so in Plaintiffs' favor.

Demand For Payment Involving Public Records

The Airport Authority of Washoe County has provided the first response to the Public Records access request by Silver State News Service in the Water Works Scandal case, but continue to stonewall and delay Plaintiffs' Public Records inspection request with new tactics involving demand for payment to cover personnel labor and time.

Silver State News Editor Mark S. "Bear" Daniels was given access to two of the documents he requested to inspect, including the 1994 Final Development Plan for Reno-Stead Airport, prepared by Airport Consultants, Coffman & Associates, and the Reno-Stead Airport Regional Center Plan of May 29, 2003.

Unlike Plaintiffs, Daniels was provided access to his documents through the new Public Information Officer (PIO) of the Airport Authority of Washoe County, one Mr. Brian Kulpin.

During our prior exchange of information, Mr. Kulpin informed SSNS that we would be allowed to inspect the two documents, but according to State regulations, would have to reimburse AAWC for labor and materials if Editor Daniels required copies. SSNS was likewise informed of this issue in Attorney Murtha's response to Plaintiffs, who offered to and included my document request with theirs.

SSNS indicated to Mr. Kulpin that initially, we wish to inspect the documents in order to determine what is relevant to our investigation and what is not.

SSNS has no objections to reimbursing AAWC for labor and materials expended, however, we only wish to pay for what's relevant and fair.

As for what is indeed fair -- for the purposes of this article and the Court fight to follow -- SSNS will be citing a letter between the District Attorney of Washoe County and the State Attorney General as to "Official Positions" taken by the State in regards to release of information within Public Records and charges that may be assessed for "burdensome requests."

Note: SSNS has informed Mr. Kulpin of the existence of this letter, but has not given him any specifics at this time of writing, so this Editor wishes to make it very clear that Mr. Kulpin is "above board" in his conduct and is merely following the orders of those who may be above him but are not "above board" in their conduct.

SSNS has no complaint nor does it intend to make one against Mr. Kulpin, who is new to AAWC and will absolutely require more time to be fully briefed on these matters in regards to both sides of the argument/debate/case.

Attorney Murtha's Response to Plaintiffs'
Demand for Inspection of Public Record

In Plaintiffs' case, Attorney John F. Murtha answered the combined Public Records access requests of Plaintiffs and Silver State News Editor Mark S. "Bear" Daniels, and were rebuffed by Murtha's demand for over $4100.00 in fees -- all assessed without inspection of the documents being provided and most of the figure belonging to Silver State News for its request.

Plaintiff's Documents

Murtha's Documents in Response

Thus, we have an interesting, if not amusing series of conflicts and dilemmas that have developed in which SSNS -- on one hand:

1) is being permitted partial inspection under seemingly normal rules and regulations and by AAWC PIO consult with an Attorney representing Defendants who is self-described as "The Client," and further,

2) whom is charged or will be formally charged as a Defendant in these cases, and

3) one who represents the AAWC one who possesses a major conflict of interest in delaying Plaintiffs' discoveries, if not SSNS's.

...all occurring while Plaintiffs and SSNS are:

4) being denied inspection on the other hand, by another, different Attorney at Law from a separate Law Firm, and

5) both of whom are or will be charged in the Civil complaint; and

6) one and both representing the AAWC, and

7) one and both possessing a major conflict of interest in delaying Plaintiffs' discoveries, if not SSNS's.

"One" is left to wonder if "AAWC" doesn't in fact stand for the "Airport Authority of Wondrous Convolutions."

Yes, operating Airports can be a complex thing at times, but how hard does it have to be for the Public to have access to Public Records!?

Thus, the matter is believed to be -- and frankly proven to be -- an issue of an Attorney's and/or series of Attorneys' "delaying tactics" and not one of true "honest, lawful, open, full disclosure," conducted within the intent of the Law.

Plaintiffs' position as told to SSNS Editor Mark S. "Bear" Daniels is that they have been stonewalled for their Public Records inspection request for over a two-year period, with AAWC appearing to "address" their request as a "new" matter at this time, which is far from the truth based on the documentation the Plaintiffs have presented to SSNS, which includes prior, multiple Public Records access requests by Plaintiffs and John F. Murtha's previous responses.

Plaintiffs' position is that no one should be charged for inspection of Public Records, which is all they want at this time, in order to determine which documents are relevant to their case.

However, more importantly, Plaintiffs also demand that they not be charged for the documents in that, they have been stonewalled in violation of State and Federal Law in regards to their Public Records access entitlements for over two years.

Plaintiffs' position is also that no one should be refused access to Public Records, whether the request is burdensome or not.

According to M.A. Edwards, one of the three Plaintiffs alongside Paul January and Clyde Blincoe, "It is incumbent on the public agency to see to it that their records are easily available, and that include putting them up on the internet. They've not done that, and made it impossible to get them in the normal course of business in spite of federal and state laws compelling them to do so. If they themselves make it burdensome, they should not be excused from complying with those laws."

Plaintiff's Letter to Michael Caryl, Chairman, Board of Trustees, AAWC, following Attorney Murtha's Response to FAX sent to Raymond Polak

Continued...Brief 2

SNJ Trainer over Northern Nevada Near Pyramid Lake.

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