The Observation Deck

It was created on or before December 7, 2015.


It was attached to an email between Butler, Marx and Colin McEwen on December 7, 2015.



It was sought in a public records request on May 13, 2016.

It was not produced until March 8, 2017 (in the context of a Court imposed deadline).

What Cindy Marx Comment.docx says is: "..after...deliberation, we [City Council] have reached an agreement...] as of December 7, 2015.

But Butler was in Court in the Skindell v Madigan hearing on December 21, 2015 representing Marx and O'Leary (and the rest of City Council) as O'Leary testified:
“The agreement that was announced on December 7th did not exist when it was announced and, therefore, it is correct to say the council had not deliberated on the definitive agreement that wasn’t in existence yet, absolutely.” (Tr. 63:18-22)

Marx says they reached an agreement after deliberation, but Marx, O'Leary & Butler all argued and presented "evidence" by way of testimony and otherwise that there was no agreement and there was no non public deliberation.

So what does this say about Honesty and Accountability in our Local Government?

A lawyer and his clients--all public officials--mislead a Court--and seem to be getting away with it.

I refer you back to Mr. Kindt's fine posts on that subject.

http://lakewoodobserver.com/forum/viewt ... =7&t=23643

Note how the email chain (a public record) is incomplete--So it appears that Butler in his capacity as the city "Communications Strategist" was part of an email chain that he is withholding in his capacity as "Records Custodian" with his self-oversight as the "Law Director."

And there is Cindy Marx, getting signatures to run again for Council at Large....hiding behind her "lawyer" while incomplete records of her communications as an elected official remain secret.

Recall that on December 7, 2015 when City Council put this ordinance on First Reading, the ordinance stated that the master agreement (which was the subject of the ordinance) was "to be provided".

I asked Council, "So, how can you put something on First Reading, when you don't even HAVE the document to be read??" And they replied, "We do it all the time, we start on an issue, then it changes and gets modified, and then by the third reading we approve it."

How can you READ, what you do NOT EVEN HAVE???

And now we know they LIED (yet again) - they DID have the document, they just didn't provide it to anyone else on December 7, 2015 - except maybe to the media (??)

Some of this sounds like perjury.

I believe the can of worms if finally beginning to open.

Stay tuned folks. I believe this could be one hell of a show!

It seems likely that Cindy Marx is aware that public records such as email and other communications that she has access to, participated in creating and/or was otherwise a party to have been withheld or produced in an incomplete manner.

It seems likely that she was aware of the contradictory positions taken by her attorneys on her behalf.

On the other hand, Cindy Marx may not be aware of this activity concerning public records involving her official conduct and the contradictory positions taken on her behalf.

In either case, is this the type of elected official who you want to be re-elected to office this fall?

Cindy Marx needs to let Lakewood move forward, and not be stuck defending her past conduct, poor judgment and bad decisions.

Cindy Marx, like Ryan Nowlin, should consider what is best for Lakewood and withdraw.

Brian,

I have a feeling that when you receive your long awaited public records requests, that Butler has been holding hostage for months, they will be incomplete.

I believe that most of these records were shredded a long time ago. Butler will probably tell the judge that they are lost.

I hope the judge doesn't fall for it!