Ann Arbor City Council rejects proposal to create online database of e-mails between council members

Sabra Briere and Mike Anglin joined forces Monday night, proposing the creation of an online database of e-mails exchanged between Ann Arbor City Council members dating "as far back as records of these communications still exist."

If the crowded room in Ann Arbor's city hall were the jury, the verdict would be to release the e-mails.

"I think it's self-evident to all of us here that people who don't have anything to hide don't hide anything," Ann Arbor resident Andrew Ryer told council members as several citizens in the audience held up signs in support of releasing the e-mails.

Briere and Anglin said rapid disclosure of all electronic communications would help restore public confidence in city government. But their peers on the City Council balked at the estimated cost to dedicate city staff time to retrieving the e-mails and creating the database: $33,000 to $45,000.

Council members chose not to spend thousands of dollars "looking backward" and instead voted 8-3 Monday night to amend the resolution introduced by Anglin and Briere. The amended resolution, from Council member Sandi Smith, D-1st Ward, states all future e-mails exchanged during city meetings would be posted on the city's Web site with the meeting minutes, but no database would be created.

Anglin, D-5th Ward, and Briere, D-1st Ward, argued many members of the public have wanted to view electronic communications between council members since a recent e-mail scandal showed some council members regularly messaged each other during city meetings, sometimes discussing city business.

"It does allow us to ... have any e-mails that are sent amongst council members or to staff to be part of the permanent record," Smith said of the amended resolution. "What it doesn't do is to go back retroactively and spend staff time to pull those out and make those available at no cost."

Only Carsten Hohnke, D-5th Ward, sided with Briere and Anglin. Hohnke said he felt the benefit of releasing all past e-mails outweighed the costs.

Other council members said they thought the resolution from Anglin and Briere was politically charged and was an attempt to shift the cost of retrieving the e-mails from a select few who want them to the city's taxpayers. Council members said if anyone still wants to see specific e-mails, they can request them through the Freedom of Information Act and reimburse the city for the cost of retrieving them.

The City Council took action two weeks ago to amended its rules to mostly ban the exchange of e-mails between council members during public meetings with few exceptions. E-mails are still allowed to be sent to city staff, but members may send only draft motions, resolutions and amendments to each other.

Smith criticized Anglin Monday night for sending her an e-mail during the Aug. 17 City Council meeting shortly after Anglin made a statement calling for an e-mail ban. During a discussion on the proposed intermodal transit station, Anglin e-mailed Smith about an idea for a naming contest for the station, city records show.

City records also show Smith sent Anglin an e-mail back the next day asking Anglin to refrain from e-mailing her about items on the agenda while they are being discussed.

Anglin and Briere said their resolution would have provided a cost-effective solution for the systematic release of past e-mails by council members.

Their resolution asked that by Nov. 1, the city post on its Web site copies of all e-mails to and from council members that have already been disclosed to the public in response to FOIA requests. It then asked that by Dec. 1, the city post all e-mails since Jan. 1, 2008. By Jan. 1, 2010, all e-mails since Jan. 1, 2007. And then, by the first day of each succeeding month, the same procedure for each prior calendar year.

Council member Stephen Rapundalo, D-2nd Ward, said he has nothing to fear with the release of past e-mails, but said his constituents have told him they want to see city officials tackling more pressing issues.

Past e-mail exchanges between council members came to light in the media and showed council members discussing agenda items and making sometimes snarky exchanges.

The ensuing scandal led, in part, to longtime Council member Leigh Greden losing his seat in the primary election by six votes. In addition, the Great Lakes Environmental Law Center and two local businesses sued the city, alleging council members violated the state's Open Meetings Act by secretly e-mailing each other during a discussion on the proposed $59 million underground parking structure being built on Fifth Avenue in downtown Ann Arbor.

Ryan Stanton covers government for AnnArbor.com. Reach him at ryanstanton@annarbor.com or 734-623-2529.