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Start of Responses Slide 1 of 119

“a must read for all” 1st amendment providers

Newkirk HeraldNorth Central Reporter

Get Real CableT4T

PC News

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All have been complaining about violations to Mark Gibson

and SEVERAL filed charges with Fred LaValley.

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Get Real Cable has a duty to make public possible violations.

If no newspaper, TV station, nor reporters were allowed.

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What would happen?

1st Amendment holders like Get Real Cable

North Central Reporter and T4T,

“are just that”,

“we have a duty”

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80 questions were brought forward!

80 !!!All carried felony, misdemeanor, or

removal from office.

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The grand jury said we have limited authority, we can not

act on criminal cases already tried or being tried in court,

we can not act matters that are civil in nature, and we have no jurisdiction regarding whether a public official always acts or behaves in the best

interest of citizens.

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Also, the grand jury system should not be used to influence

or replace the civil process of the judicial system.

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Each and every civil case costs 10 of thousands of dollars. this is why the grand jury was

called.

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I have already spent over $250,000.00. Now they advise us to spend millions.

There are people who have spent years working on this, they were

not even called.

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This is what they told the City and its Trusts.

Make sure that notice of any and all meetings of public bodies be posted, as

required by law, that all agendas of public meetings be specific, and all open meetings be held in locations accessible to the public, and use executive sessions

sparingly.

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So they admit the law is being broken, say they cant do anything, as instructed by DA’s, and spent a

couple of days reading all 80 complaints.

They are right about one thing, what a waste of our time!

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4 dealt with Get Real Cable.Actually they were for you!

My fight is about YOU!AND NOW its about my

1st amendment rights and due process!

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Its ironic how my battle to not have you overcharged for

Franchise fees. And keeping prices low. Has turned into me

being the bad guy and them trying to run me out of town.

I will not budge on doing something I believe is illegal.

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Franchise fees for Cable TV, are fees and not a voted in tax, all taxes must be voted upon.

“no taxation without representation” I am your

representative and this is not a legal tax.

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Cox had City Sales Tax on there bill for the past 10 years, did you

vote this tax in.

NO !

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YOU have paid over $150,000.00

in taxes not voted in.

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I have refused, and I did not pay these fees, or bill them to my customers. I still believe they

are not entitled to them.

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YOU voted me in in 1998, you trusted me then, and you must

trust me now! Please I have done what I said I was going to do. YOU set back and watched us

succeed some wanted me to fail, most gave their full support.

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ONLY a few are AFTER ME, AND now the tables will turn!

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I will bring most of the issues out, and they will try to destroy me and

our 1st amendment rights.

Its just how they work!

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You may be shocked on what I have to say,

and your right.

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You may know these people, or thought you knew these people,

and trusted them as I did. At first, I too did not believe

anything, but, after a careful study I know for a fact that we

have a big problem.

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In 1975 a Grand Jury was called.56 questions, 24 witnesses, and 12

days of study.One indictment was brought.

The judge said “ You might liken this to taking an X-Ray for tuberculosis and finding it

negative. You are still glad you had the X-Ray.”

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In this 75 grand jury neither DA was in the courtroom unless asked by the jury to define

certain legal points. This is the LAW, they cannot ask or

assist.

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The Law Reads“In no event shall the grand

jury be advised as to the sufficiency or insufficiency of

the evidence necessary to return a true bill, in a matter

under investigation before them”

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This 2008 Grand Juryonly called 3 of the witnesses whom filled complaints. The

North Central Reporter was not even called, nor the other

complainants, and the DA asked most of the questions. This was legal

only if the Attorney General appointed them.

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A multi-county grand jury was being introduced to the house

floor in 1975. “a sign of the times”

the DA saidhe also said,

“he would oppose it”

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The 75 grand jury made the same remarks as did today's grand jury. Without the personal

attacks.We recommend to all citizens of this county that just as there

are certain responsibilities and special trust of government officials to the public, there is a corresponding responsibility

and trust of the individual citizens to exhaust private individual or organized remedies available to all citizens

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Remedies were sought!Questions were sought in the grand jury of 2004, Newkirk

Herald sent numerous letters, and printed many stories, and North

Central Reporter, also sent letters and reported over and over.

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Citizens groups fought against this also, and in 2008 Get Real

Cable joined in the fight. Ponca City News also has reported

numerous complaints.

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Do you believe we are all wrong?

Or could there be a major problem?

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In 2005 Enid DA’s had 112 charges on public officials, but would not file, “saying it was in the public interest not to peruse charges”.

Where was our DA?Who was our DA?

Mark Gibson

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The reporter with the Newkirk paper, worked on this for years,

until his massive quadruple bypass.

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Korina owner of the North Central Reporter wrote many stories and was threatened. This threat was

also printed, and you need to read her story last week on page 8.

“Clue Me In”

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Sharon Rowen reporter with PC News is a trusted reporter, and

deserves an award.

36

Ponca City Newsbroke the story on Cimarron

Broadband for not having open meeting. They met illegally at Carl Renfros Bank. Senator

Myers son, Craig Myers headed up this project. 7.5 million in schools funds were spent. “For

internet” Federal monies which are now being used to target independent operators.

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Lets look at a few of the

issues!

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City policy says the City may not spend over $2,000.00 without 3

separate written quotations.

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City Charter says they must bid anything over $5,000.00.

“All contracts involving an expenditure of $5,000.00 or more, shall be made by the

City Council only after the Council shall first procured specifications therefore, an before any such contract is made the Council must cause a notice to be published in the official

city paper, calling for sealed bids.

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How many bids have you seen published over the past 10 years?

And, how many purchases have they made over $5,000.00?

Answer is over a Thousand.

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This isn't small stuff, and it adds up to millions, and its impossible

to calculate overpayments and waste.

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In 1981 the City quit posting its itemized payments in the local

newspaper. WHY!!!

This practice should be brought back!

For the City and all its Trusts.

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The City is required by law (our Charter) to get the peoples permission if its is going into debt on any purchase of $25,000 or more.

This includes giving approval for its Trust on anything over $25,000.00. When is the last time you voted to approve anything over

$25,000.00

answer: 10 years +, with exception to the new taxes and school.

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Duty of City AttorneyCity Charter

It is hereby made the duty of the City Attorney in all cases of arrest for violation of the City ordinances and this Charter to immediately cause to be filed before the Municipal judge a complaint in writing against such accused person, and the accused person must thereupon be arraigned forthwith before the Municipal Judge for his plea.

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Authority of City CouncilCity Charter

The City Council is hereby vested with power …to Grant Pardons in all cases arising out of convictions occurring before

the Municipal Judge.

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OK, so we inform City Attorney Mary Ann Karnes a violation has

occurred, that’s like telling District Attorney Mark Gibson that

Oklahoma Law has been broken in Kay County.

“fox guarding the hen house”and the Chief of Police works for the City, and will not file the complaints

with the city attorney.

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ExampleThe City collected hundreds of fines above the legal

amount, ($50.00) + 15.00 court costs.Mary Ann Karnes was hired by the city

commissioners on March 14th 2003 to get the city legal. They knew they were collecting fines

illegally. A judge put a stop to it on Feb. 6th 2007. Illegal amount were collected for over 10 years.

Each and every violation caries a felony charge. Statue of limitations runs after two years, so if you were fined over $65.00 between Jan 1st 2007 and

Feb 6th 2007 you can file felony charges. The rest of you, ask for your money back.

Title 11 section 14-109 and 14-111

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Hundreds of these overcharges were submitted to the grand jury,

however they asked if Jessica personally got a ticket and since she had not, they said she was

not personally harmed, and ignored this question. That’s the same as witnessing a murder and the judge asking, did you know the person killed, I answer no, and him telling me well

your testimony doesn't count.

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1979 OK 164SUPREME Court of Oklahoma“A grand jury’s power to make an inquest into the conduct of a public

office and return an ouster accusation is implied from its constitutional grant

of power to inquire into”, “all character and grades of crime”

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New topicDid the City of Blackwell unlawfully spend funds in excess of the amount

allowed by the City Charter, without the vote of the people.

Three of many examplesFire truck $175,000.00

Street Sweeper $125,000.00building $35,000.00

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The City tries to claim they have a lease purchase, and that they

can spend $25,000 per year for a single item.

Lets read the Charter…

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(1) Exercise of such power by the City Council to purchase or sell real or personal property is subject to the requirement and condition that the sale of any property, real or personal, or of any interest therein the value of which is more than $25,000.00, shall be made only after the question of such purchase or sale, as the case may be, has been first submitted to the vote of qualified elector of said city at an election held for that purpose.

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It says any purchase of over $25,000 must be voted by the

people. It does not say per year anywhere. It says value of which

is more than $25,000.00 Must be voted.

PERIOD

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Now the City will tell you!Blackwell Municipal Authority bought it, we’re a State Trust.

This is true!However, the City (us) we are

the beneficiary, not the State. So they have several problems.

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1st is dual office holdings. The City Commissioners are the same

people on the Blackwell Municipal Authority.

There are no checks and balances in other words.

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2nd When any of the City’s trusts buy property or equipment it must be voted in by 2/3 majority vote of the beneficiaries (the city council). They may not approve anything

over a value of $25,000.00 because if the trust fails to pay its obligations, we the benefactors

pay for it.

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What occurs is the BIA requests money each year from the City, last year was $70,000.00 if the

BIA makes bad decisions we the Tax Payers pay in higher utilities rates. This safe guard was added

for a reason don’t take lightly.

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Right now the BIA is 1.5 million in debt not including the New

School. The BMA is 10 million + in

Debt. This is only 2 of the many City

Trusts.

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Today you owe $15 million + this includes the School.

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The City officials mislead you in a newspaper add, stating they

only owed $250,000.

What else are they lying (misleading) us about?

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Well they also tried to tell us that they stopped the contamination deeds from being put on your

property.

Total LIE!

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Last year the City paid the environmental Lawyers over

$300,000.00, which was reimbursed back to the city by

Phelps Dodge.

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Those funds have not been disclosed on the budget which is a

violation, and they have never filled an amended budget with the

State, also a violation.

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The City has been given millions from Phelps Dodge, over 75% went to Attorney and

Engineer fees.

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Is this why they are helping Phelps Dodge

and not the 1500 citizens who have joined the law suit

against Phelps Dodge.

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In a Confidential letter dated May 18th 1993

from the EPA to Blackwell Zinc Co.

“The surface water and the soil exposure pathway received a maximum pathway score of

100, and the overall site score is 70.71”

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A score of 28.5 allows for the Site to be put on the National Priority List. (Superfund) The city fought against this. The town itself is not on any

EPA clean up list, only the BIA Smelter Park is. It’s strictly voluntary.

We need to change this!

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The real clean in our town could cost 35 million easy. We will

never get all the contamination. The City and their attorneys, who

get paid indirectly from Phelps Dodge. Tried to settle for less

than two million. Then make you responsible, Your City did sign it.

Bechtel, Cordell, and Wartz are still on the board.

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This Settlement Reads_in shortThe City fully and forever releases, discharges and covenants not to sue

BZC, CAMC, and PDCthe city shall receive $131,000 to fund the replacement of the Fourth Street

Sewer line, and the lining of the Legion Park, plus will put $590,400 into escrow

for expenses, and pay attorney fees.That’s it $720,400.00 + attorney fees

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BIA would get $875,000 cash, to say the site was clean.City would get $720,400.00Chamber was to get money, that dollar amount is unknown.They were all to say the site was clean and support the ground water remediation and place intuitional controls on your property.

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The GRUGround Water Remediation Unit

This pump and system has to operate for up to 100 years. Care to guess who is

paying.Did you know law says that the City must bill the responsible party, if we settle who is the responsible party?

DON’T BE FOOLED

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Phelps Dodge has paid to the City $ 1,146,886.25 Attorney Fees$ 452,423.93 Engineer Fees$ 146,000.00 actual clean-up

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Dec. 1999 Phelps Dodge buys Cyprus Amex

July 31st 2000 Willis resigns as City Engineer goes to contract engineer.

August 11th 2000 Phelps Dodge gives City its first check for $380,000.00. For costs and expenses.

So far $2,162,665.37 has been given to City, you will not find that in the Budget. *Fund 131* it should be totally separate

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The BIA who is named in the Law Suit “are right now” trying to Settle, whereas the BIA will get a 1 million dollar insurance

policy if sued from Phelps Dodge. Hey guys you are being sued.

this must be stopped. One million is nonsense,

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Read this carefully!Actual minutes of BIA meeting September

18th 2006David Page, the environmental attorney for the City and the BIA said it was in the best

interest of the BIA to come out and say they believe the property has been remediated and is in the community’s best interest as well as the BIA’s best interest. The BIA will receive $875,000.00 from Phelps Dodge under the

Settlement Agreement for industrial development.

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The OATH of office is to protect the public, not what they just did.The City, the BMA, the BIA, and Chamber agreed to take money in 2006 and place the burden on the

taxpayers.

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The City then passed institutional controls designed to fine you out of your home if you did not clean

up your own property. And this is a mild statement!!

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You would have been afraid to ever challenge the city, or

disagree with the reports from the clean-up results. Thank God for Dale Dewitt and the Citizens

group who stood up for you,

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The problem is the City and BIA has attempted to conceal the

contamination that is claiming many many lives, and this

includes Julies, it has left them responsible and maybe

personally responsible, and has put all of us at risk of paying for the clean-up and risked our lives.

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This information, was not to get out. Could this be the leading cause

for my clash with the City.

I turned them in, in 1981 for dumping PCB’s illegally too.

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No land in Blackwell will pass the EPA standards.

Which are 3.9ppm Arsenic not 50ppm, 2ppm Cadmium not 75ppm, 400ppm lead for kids not 750

Don’t be fooled as your City would tell you.

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-And by the WAY-Did you know Shane Fry is co-

chairman of the legislative committee of OEDC

(Oklahoma Eminent Domain Committee), and the BIA donates

money to them.Eminent Domain is what they use

to take away your property.

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The whole town of Pitcher (Tar Creek) Oklahoma was moved and

they scored a 58.15We scored a 70.71 and 100 on

pathway surface water and soil. But that was kept secret.

(confidential)*EPA sent us the copy*1st amendment rights

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What else you do not know. Is that we would be ranked #14

in the USA on the Superfund EPA clean-up, according to the

ranking on Scorecard. But we were kept off the list.

We’re now a Brownfield's Site.

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Scorecard Oklahoma

*Blackwell 70.71*Tar Creek 58.15Hardage 51.01

Bartlesville 50.00Caddo 46.01Tinker 42.24

Mosley landfill 38.06

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And the grand jury did not say the City and its Trusts got a clean bill

of health.They said they could not legally

indict them if there were still civil actions that could remedy the situations. (emphasis added)

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There recommendations were to vote them out of office. And sue

civilly.The only newspaper that printed the actual findings was the North

Central Reporter.

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Now for the briefs of about 12 of the 80 questions.

Only 5 have been covered so far.

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1. Sally Norris’s Employment Contract granted her more

powers then what was allowed under the City Charter. This was

also true for Mike Jeffers’ Contract. City Charter says the City Managers duties are to see that the laws and ordinances are

enforced.

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2. Duel Office holding provisions of 11 O.S. § 38-118 and 51 O.S. § 6 when Sally Norris served as City Manager, Manager of the Blackwell Municipal Authority and

Treasurer of the OMPA, a trust (Authority) for the State of Oklahoma.

We buy our power from this same

company. We need a bid from OG&E to see how much we could save, it could be millions per year.

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3. Violation of the Public Competitive Bidding Act of

1974 when the BIA approve the bids of relatives in the 1st degree.

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4. Violation of 1st Amendment through threat, when the Chamber of Commerce

left a note inside the booth of the Taxpayers for Transparency LLC

group. This note was place inside the booth, after the Kay Co. Fair was

closed. The note advised the group not to announce or advertise their Grand

Jury Petition over Channel 95.

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5. Violations of Civil Rights though the use of “Selective Enforcement”. During

the Campaign to stop the proposed amendment changes in August 2008, the

City of Blackwell informed the Code Enforcement Officer to remove

Taxpayers for Transparency’s campaign signs. These Vote NO signs were put up

on Friday evening and torn down first thing Monday morning. No other signs

had been removed for years prior.

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6. Did the City Commit Voter Fraud when Mary Ann Karnes, Don

Shandy and City Commissioners lied in a campaign ad Titled Don’t be

Fooled during the August 2008 election, to influence voters into

believing things which were not true, and defame Taxpayers to win the

election.

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7. Misuse of Special Meetings and Executive Sessions. The City of

Blackwell in 2007 spent 15 hours (29%) of their discussions in Regular Meetings and 38 hours (71%) during

Special Meetings and Executive Sessions. Special Meeting have limited

setting for the public and Executive Sessions…Well your just not invited.

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8. Violation of the Open Meetings Act when they hired

Mike Jeffers without discussion during Regular Meeting.

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9. Violations of Open Meetings Act when the City of Blackwell did not post there meeting were citizens could view the agendas.

Law requires a 48 hr notice. Must be viewable 24 hrs a day. Not only business hours of the

City. This has been going on for 10 years.

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10. Conflict of Interest 60 O.S. § 178.8, when Piccola Hudsonpiller

was allowed to serve as Commissioner when she sat on the

Tourism Board, to be legal she must quit one of them. Its just a law. She voted no to her tourism budget and then voted yes at the

City Commission meeting.

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11. The Blackwell Municipal Authority violated 74 O.S. § 85.7 of the Central Purchasing Act and 61

O.S. § 103 of the Public Competitive Bidding Act when it hired the

Municipal Finance Services, INC. to help with their Series 2006 Bonds without bidding out their services.

Cost was $23,250.

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12. Did Mark Gibson violated his oath of office when he ignored

the complaints of several citizens and news organizations, that the

City of Blackwell was not complying with the Open

Meetings and Open Records Acts.

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Only a handful of issues have been looked at here, and some

are petty, but none the less they are laws and they are to be

followed.

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There is no agency to file a complaint with, so it is left up to

1st amendment providers to provide the news, and the citizens

must vote.

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We have two council seats up for grabs come April 2009.

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We have some very serious issues!

It all seems to go back to five persons, the property of the Zinc

Smelter site, and there still around, as is this contamination.

“CERCLA” Look it up

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This site is still littered with debris and it flows into the

creeks that run thru town. You don’t wash your car from

the bottom up.

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I picked up a couple odd looking rocks, that any kid might collect, and had them analyzed, the test showed them to contain

15.2 ppm arsenic26.0 ppm Cadmium

13x the safe limit set by EPA*please be careful*

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The only answer is to cap the site with solid concrete, and then we

can have a race track, and the biggest skate park, that might attract the tourist, and give the tourism folks something to do.

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But there are some hard choices for a few people.

Mike Loftis needs to resign from the BIA, because he sold goods (dirt from his farm ground) to Phelps Dodge, then later voted to say the smelter site was

clean. He also sells insurance to the City of Blackwell, and the BIA. The City must go out for

bids on this. NO bids for years is illegal.

The AG opinion states that if the City is Governed by a charter it must follow it.

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Next would be Ross Cline, also must resign from the BIA even

though you did not vote for your son to receive the loans from the BIA for G&C Concrete, he knew the remediation plan to cap the site. Approved option was a

concrete or asphalt cap.

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Darrell Grosshart contracts for your son, just looks bad. Just do your jail board correct. No $40k from Joe. That just looked bad.

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Shane Fry, you ran around trying to stop the Denton's from putting in a landfill site, then planned to

put in your own reclamation center (fancy name for land fill)

“just plain wrong”

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Bruce Dale you signed notes to the bank saying that site was

clean, other than that. Stop the settlement, do what is right.

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Buying a 160 acres for $472,000.00 State law requires

three separate appraisers, there is good reason for this.

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The railroadthe settlement

the contamination the self dealings

the open meeting, open recordthe TIF – eminent domain

the landThe appearance is you are

working for them.

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The City CouncilWe joke and call it the

“i club”every vote i-i-i-i-i

no discussion

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In fairness they call us the CAVE people.

(citizens against virtually everything)

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Truly we are not, but we are against, stupid things, like a

$190,000.00 building at the fair grounds, $30,000 in engineering

costs for a pre-fab building. Violations of every kind and no openness and rudeness, and self

dealing, again a lot relates to Blackwell Zinc. Fund 131

118

Oct 24th 2008Kay County Discredited attorney Mark

Gibson said five OSBI agent are working on the missing 10 of thousands missing from my

safe, So Mark how much has this one cost, lets talk

about wasted money.Heck, we only got one OSBI officer.

Besides he was already there!

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EndThe BIA is being sued, if they can not get Phelps Dodge to

pony up a rightful amount we the taxpayers will forever loose. If we allow them to do what they

plan on doing we lost. Stand-up now!