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Regular Council Meeting July 28, 2014 Page 9 Council Member Lancaster said she had not changed her mind, that she still wanted the preliminary copies and insisted it was her right to request it. Mayor Frierson said that was open for Council discussion, he respected her right to have it based on the fact there was now a report. Council Member Lancaster said she wanted both. Council Member Hashmi asked the city attorney why he refused to give copies to Council Member Lancaster. He asked the city attorney if he consulted with anyone in his department or if he consulted TML and what was his basis for not providing copies to Council Member Lancaster. Mr. McIlyar said on the basis that it was not a city record. He also said it was a preliminary draft report from an outside private investigator working for the PEDC and was not a city record. Mr. McIlyar said at the June 23rd City Council meeting that Council announced in public session they wanted Mr. Defenbaugh to issue his report on the investigation both to the City Council and the PEDC Board on or before July 28. Council Member Hashmi said it may not be a city document, but the city attorney was in possession of the document. Council Member Hashmi said that is why he was curious as to what would prevent the City Council from reading it. Council Member Hashmi asked Council Member Lancaster if she had been planning to release the preliminary report and she said absolutely not. Mayor Frierson asked if there was an issue with the way it was requested. Mr. McIlyar said Council Member Lancaster filed a public information request in her own name as a citizen with the city clerk and that triggers all the State Laws and processes for handling a public information act request. Council Member Lancaster referring to a letter sent to the AG's Office said it stated that the requestor was a city council person requesting documents under the public information act. She said it was signed by Stephanie Harris at his direction. Mr. McIlyar said Ms. Harris wrote the letter independently, as she handles all the public information requests. Council Member Lancaster said she wanted those reports and she thought she was illegally denied the reports. Mr. McIlyar told Council Member Lancaster that was her opinion, but that she had posted this item for Council action to decide whether or not the Council wants him to give the City Council the June preliminary draft reports from Defenbaugh and Associates. He said he thought the Council needed to direct him to ask Mr. Defenbaugh and the PEDC Board as the contracting parties to give him written authorization to disclose something that was not a final report. Council Member Lancaster said he directed her on the 25th and she changed that immediately and said that was a misconception he had, but she was changing that, and she had it in writing and he still denied her. Council Member Hashmi said he got a letter too, which was signed by Ms. Harris. He then asked Mr. McIlyar if people in his department worked independent of him and if he was responsible for that acts. Mr. McIlyar said she was an attorney with just as much experience with working the public information act. Council Member Hashmi asked him if he was saying he did not have control over the people who work in his department. Mr. McIlyar said she was in his department. Council Member Hashmi asked who the chief of the department was and Mr. McIlyar said he was. Council Member Hashmi asked whose responsibility was it that she wrote wrong letters. Mr. McIlyar said he did not believe that Ms. Harris issued a wrong letter. Mayor Frierson said they needed to get back to the agenda. Mr.