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Vienna, mayor sued over FOIA

VIENNA – Questions concerning the identity and responsibilities of a member of the Vienna Volunteer Fire Department as an alternate business inspector are at the root of a suit filed against the city of Vienna by a resident.

Vienna resident Lawrence Wilson filed the suit representing himself in Wood County Circuit Court, and naming Vienna Mayor Randall Rapp and the City of Vienna as defendants.

In the suit Wilson stated in September he filed a Freedom of Information Act request asking for the name of the department member who is designated as the alternate inspector, the training and experience the alternate inspector has, the compensation received for the work, how many inspections have been done broken down by month and the pass or fail rate of the inspections.

Wilson alleges Rapp, as recipient of the FOIA request, failed to comply with the law and city departments as determined appropriate to respond failed to comply with the law.

Wilson said he filed his request by way of e-mail with the city on Sept. 5. On Sept. 18 he said he received a “questionable and undated response” and what he called an alleged final response on Sept. 28.

Wilson provided a copy of his request in the filing, with an undated response from the city attorney and copies of mailing envelopes bearing postmarks for Sept. 18 and Sept. 26.

In the undated response from Russell Skogstad, Vienna City Attorney, he stated the city received the request and the fire chief would respond for the city.

Skogstad also stated in the letter the charge for copying a page and stated the chief was reviewing the appropriate files and documents.

“The city will inform you, once the search for any records that conform with your request have been located and collected, the number of documents as well as copying costs,” the letter stated.

Skogstad stated Wilson would be informed when and where he would be able to review or copy those documents. No other letter was included in the documents filed with the circuit clerk’s office.

In his filing, Wilson asked that Skogstad, who is an assistant prosecuting attorney, recuse himself from the case since he is also the city’s attorney. He also asked the county’s three judges recuse themselves “because of the professional and interpersonal relationships with the Mayor of Vienna.”

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