HomeMy WebLinkAboutRe: Meeting - Ownership of Property and Police Report Filing
Mike Plane
From:Shayne Nope
Sent:Tuesday, February 14, 2023 07:49
To:Arnel Culum
Subject:Re: Meeting - Ownership of Property and Police Report Filing
Mr. Culum,
FOIA is a federal statute that applies to Federal Agencies, not the
city. (https://www.federalreserve.gov/default.htm).
As a municipality in Idaho, the City follows Idaho’s Public Records Law.
(https://www.ag.idaho.gov/content/uploads/2018/04/PublicRecordsLaw.pdf)
Best,
SN
On Feb 13, 2023, at 7:38 PM, Arnel Culum <arnelculum@gmail.com> wrote:
\[EXTERNAL SENDER\]
Dear Shane,
As you have been informed, your contract has been renewed, and there is no need for
concern. Please note that as an employee, you serve at the pleasure of the City Council
and may be terminated without cause at any time for any lawful reason. Previously, you did
not have an official contract, so I would say you were more free to do as you wish.
In the event of termination, you would be entitled to receive six months of total
compensation. I would have argued for a full year of compensation, or even five years.
Please be aware that I am probably the only one who will hold you accountable for any
misconduct, including Freedom of Information Act (FOIA) violations. If you continue to
engage in actions that violate the FOIA, each violation may result in a warning.
Please be informed that if the City Council permits the continuation of this behavior, with
no response within ten business days, I will file a formal complaint each time it happens. If
the City Council continues to allow this, I will work towards identifying which council
members are accepting of this behavior. With that information, I will then strive to remove
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those council members who are comfortable with non-response within ten business days
FOIA requests
I would like to remind you that you are legally allowed to not respond to requests, resulting
in an automatic denial. However, please be aware that I will not tolerate this behavior and
will take each case to a judge. It is possible that I may even make a living out of your
repeated automatic denials lol
I have shared a proven template with Mr. Palmer that has been effective for other
organizations.
------------------------------------------------------------------------
We have received your records request:
“request would go in here”
submitted on February 13, 2023.
We will respond to this request within three (3) business days - EOD February 16, 2023.
However, we reserve the right to take an additional seven (7) business days to respond with
written notice.
Business days are Monday – Friday 8:00 am to 5:00 pm.
If actual labor associated with locating and copying documents for requests exceed two (2)
person hours and/or 100 copies, then pursuant to Idaho Code § 74-102(10)(b)(iii), fees may
be assessed.
---------------------------------------------------------------------------
Template at 3 Days Checkpoint if not complete
---------------------------------------------------------------------------
Hello Arnel. Our team is still working on this request.
Therefore, we will respond to your request no later than EOD, "Date, 2023"
As a reminder, business days are Monday – Friday 8:00 a.m. to 5:00 p.m.
------------------------------------------------------------------------------
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Best regards, Arnel Culum
and keep me posted if you are able to get Rothweiler to get Ms. Davis to confirm the
existence of these receipts for clarification of ownership of lighting equipment, before I'm
forced to file a police report. as i've mentioned before Wendy is only a liability for the city
as board director at Visit Southern Idaho
I got the strangest email today from the grants department wanted me to clarify who the
"new director" was at visit southern Idaho, crazy
I told them, well according the news outlets its Sara Rohrbach even Mr. Rothweiler
confirmed it
so i'm not sure what all that was about see attached image
I guess I will see if they have any RFF's received by Sara if not OMG that would be amazing
I look forward to your response if Mr. Rottweiler is able to confirm ownership of lighting
equipment with Wendy. I will see by Friday if Sara is indeed the director or not.
<New Director.JPG>
On Mon, Feb 13, 2023 at 10:42 AM Arnel Culum <arnelculum@gmail.com> wrote:
Thank you for your response. The reason I believe you may have misled or deceived
anyone is due to documented FOIA requests that have not been responded to, everyone is
entitled to their own opinion based on their perceptions and experiences.
Regarding the issue with Blue Lakes CC, I have consistently pursued a lawful means of
accessing the lake. I understand that the city is unable to intervene in the matter and I am
not making a request for its involvement.
I have taken note of your claim that the easement is a utility easement and that it is not
accessible to citizens. If I wish to contest this claim, I understand that it would need to be
done through the legal system.
That is why I am pursuing a different approach to accessing the lake, through BLM land.
Regarding the equipment, I understand that reporting theft to the police is the standard
procedure for a citizen. Only if the police do not take action would it become necessary to
seek legal representation. I will make sure to follow the proper steps in addressing that
issue. I have even asked Mr. Hall to confirm the receipts and if he does not, I will be
obliged to file a police report.
I kindly request your assistance as well in verifying the receipts in question. As a public
servant, you have access to Wendy Davis who is also a board member at Southern Idaho
Tourism . I believe it would be the appropriate action to ask Davis to confirm the existence
of these receipts, prior to granting permission for the special event permit, since the city
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would never allow someone to run an event with potentially stolen equipment, This is to
ensure that there are no concerns regarding the ownership of the property. Please
communicate this request to Mr. Rothwhiler; he is her boss.
Thank you
Best regards
On Mon, Feb 13, 2023 at 8:42 AM Shayne Nope <snope@tfid.org> wrote:
Mr. Culum,
I have no concerns with your request. I know that I can’t appease everyone, nor should I
try. It’s certainly true that you don’t know me at all, if you think I would purposely mislead
or deceive anyone, but that’s besides the point. The point is your claim to property is with
Southern Idaho Tourism, similar to your concerns with Blue Lakes CC, the City of Twin
Falls will not interject itself into the issue. My advise is for you to get an attorney that will
help you navigate the legal process in getting the property back.
Best,
Shayne T. Nope
City Attorney
CONFIDENTIALITY NOTICE: This e-mail contains confidential information that is protected by the attorney-client and/or work product
privilege. It is intended only for the use of the individual(s) named as recipients. If you are not the intended recipient of this e-mail,
please notify the sender, and please do not deliver, distribute or copy this e-mail, or disclose its contents or take any action in
reliance on the information it contains.
From: Arnel Culum <arnelculum@gmail.com>
Sent: Sunday, February 12, 2023 12:15 PM
To: Shayne Nope <snope@tfid.org>
Subject: Re: Meeting - Ownership of Property and Police Report Filing
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\[EXTERNAL SENDER\]
Oh, I just realized you may be upset with my request to postpone your contract renewal
at the city council meeting. But don't worry, they are likely to renew your contract on
Monday. I acknowledge that my request might be causing you some stress or worry.
However, I hope you understand that I am simply asking you to follow the rules and not
engage in any deceptive behavior towards me
Please be informed that I plan to make a public statement regarding the persistent issue
of graffiti. I have already prepared my remarks.
-------------------------------------------------------------
" Good evening, members of the city council. I am here tonight to express my concern
about the current lack of compliance with our city ordinances. As residents, we rely on
these ordinances to ensure the health, safety, and well-being of our community. Yet, it
appears that these ordinances are being ignored by some members of this council,
including the mayor who seems to believe that city ordinances do not apply to the city
itself, but only to residents. I strongly disagree with this viewpoint.
We need leaders who understand the importance of these rules and who will work to
enforce them, for the well-being of our community. your role is to address and resolve
the problems in the community. To combat the issue of graffiti, you have several options
at your disposal.
Increase the city fee for graffiti Violation.
Another option could be to discourage graffiti by displaying signs that communicate the
consequences of vandalism.
you could commission an art piece as a form of community beautification.
Make It easy to report Graffiti
and most other communities have a reward if it leads to an arrest
simply doing nothing displays a lack of leadership and initiative on your part. You were
elected to take action and lead the community, not to wait for staff to tell you what to do.
It's important to understand the responsibilities that come with your role."
---------------------------------------------------------------
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I apologize for any trouble I may have caused you. However, it is within the city council's
rights to re-bid your job every time before renewing your contract. This ensures the city
gets the best representation and the amount of $140,962 is substantial. I hope that my
communication with the city council hasn't affected our relationship. While I understand
that you believe misleading the public and not giving proper legal advice to the council is
the right thing to do based on your fear of potentially damaging information being
disclosed, I do not share that perspective. To me, this approach is equivalent to
withholding privileged information. If you are unwilling to adhere to the proper Freedom
of Information Act (FOIA) regulations, the city deserves someone who will comply with
those rules.
On Sat, Feb 11, 2023 at 10:40 PM Arnel Culum <arnelculum@gmail.com> wrote:
Why would I need an attorney?
I plan to file a police report and provide all relevant information, including receipts,
regarding the assets in question. I want to ensure that you are aware of the
organization's intention to file for a special event permit and that I am also taking
necessary steps to file a police report. As the right-hand advisor to the city council on
voting matters, it is crucial for you to be informed before making a decision on the
special event permit. I have yet to receive a full update from the commerce department
and it is unclear if they are conducting an internal investigation. If so, it may take some
time. Please understand that it is likely that I will not be informed of their exact actions. I
am not privileged to know and can only provide information to them.
I may consider hiring an attorney after the police investigation has been completed, but I
appreciate your recommendation nonetheless.
This meeting is not essential, but I wanted to inform you in person about my plans. I
prioritize transparency and consider it to be the right approach. I have already informed
you about the assets issues, and I can produce the receipts, each year since the stupid
light show my 1099 has been incorrect, I believe this is because of some crazy
accounting practices taking place with the organization.
It appears that the former director has manipulated the invoices, I have gathered all
invoices from 2021 and 2022 through FOIA requests, and there are obvious
inconsistencies that cannot be ignored. Currently, I am acquiring correspondence from
the person who was tasked with rectifying the situation but was unsuccessful, These
invoices were not intended to be viewed by the accountant or board of directors,
providing the director with the chance to alter them to their advantage for
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reimbursement. However, it was not anticipated that I would be able to obtain these
invoices, and I plan to prove that I did the correct thing by bringing it to the attention of
the proper authorities.
This situation can be easily resolved if the organization can provide proof of ownership
for the assets, similar to how cities keep records of their police vehicles and fire trucks.
In the case that they cannot, the assets will be taken into custody by the police and
returned to the rightful owner. I'm not 100000% sure if I have legal ownership but I
intend to file a report so that process can start.
Consulting legal representation is advisable. They will likely recommend filing a police
report, an action that I plan to take. If the organization is unable to demonstrate
ownership of the assets, resolving this issue should be simple and straightforward
It is important to note that even Mr. Hall was tricked into believing that I was an
employee, but that is not the case.
Let me know if you understand what I'm saying in this eamil. I prioritize transparency
and consider it to be the right approach
<image001.jpg>
On Sat, Feb 11, 2023 at 9:01 PM Shayne Nope <snope@tfid.org> wrote:
I’d recommend you seek an attorney you can trust.
Dear City Council Members,
I am writing to bring to your attention a concerning issue regarding the
city attorney position. The current city attorney, Mr. Nope, has displayed
a pattern of misleading the public and failing to provide appropriate legal
advice to the council. This behavior is unacceptable and must not be
tolerated.
In light of these events, I strongly recommend delaying the renewal of Mr.
Nope's contract for 60 days to allow other qualified candidates to apply
for the position. This will increase the pool of choices for the city council
and ensure that Twin Falls has the best representation possible. It is
important to comply with state laws and allow for a fair and open bidding
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process for the city attorney position.
If, after the bidding process, Mr. Nope is still deemed the best candidate
for the job, then and only then should the city renew his contract. Until
then, it is imperative that the council take steps to ensure that the best
candidate is chosen for the position.
I urge the city council to delay the renewal of Mr. Nope's contract for 60
days and to take the necessary steps to ensure that Twin Falls has the
best representation and complies with state laws.
Thank you for your attention to this matter.
Sincerely,
Arnel Culum
Best,
Sent from my iPhone
On Feb 11, 2023, at 5:11 PM, Arnel Culum <arnelculum@gmail.com>
wrote:
\[EXTERNAL SENDER\]
I will be submitting this police report to establish my rightful ownership of
the assets in question. It has come to my attention that the former
director of the organization was engaged in deceptive practices, which
can be proven by the invoices and email correspondences I have
acquired. I have obtained all invoices from 2022 and 2021 and am
currently acquiring email correspondences as well with the commerce
department.
I have no objections to Midnight Productions conducting a light show for
Visit Southern Idaho, as long as they use their own assets. However, I am
concerned that Visit Southern Idaho is trying to transfer assets that are
associated with me to a different LLC, and I will not permit this to
happen. The commerce department, which handles grant funds, is
investigating these deceptive practices.
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I have requested email correspondence using my name "arnel" or
"culum," even with the Commerce Department. I anticipate receipt of
these emails by the 17th. I have already acquired email
correspondences from both Jerome County Sheriff and Twin Falls
County. However, it is important to note that Twin Falls County has
placed themselves in a potentially challenging situation by failing to
include certain emails in their packet. I strongly advise against making
the same error as Mr. Hall, as these emails can be validated through
other sources. Please be aware that I have a decade of experience in IT
support, I worked for Dell, and Microsoft. Please see my work history to
fully understand my IT capabilities, and am well-versed in the storage
and transmission of emails. Attempts to deceive me in this matter will
not succeed.
I plan to file a report with the police to ensure that the assets in question
are returned to their rightful owner. If the organization does not have the
required receipts, the situation could escalate into a case of felony theft.
I possess the necessary receipts and will include them in my police
report.
In order to fully understand the ownership of the assets, I recommend
that you speak with the current director and inquire about any relevant
receipts. This will provide valuable insights and enable you to offer sound
advice to the police chief on the proper handling of the situation.
Best regards,
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On Sat, Feb 11, 2023 at 3:09 PM Arnel Culum <arnelculum@gmail.com>
wrote:
Dear Shane,
I would like to schedule a meeting with you at your earliest convenience
to discuss an important matter. As you may recall, I have sent you an
email previously regarding the ownership of property.
I recently received a 1099 that indicates that I own property that Visit
Southern Idaho paid for, which brings me back to the assets I previously
brought to your attention regarding Visit Southern Idaho. I have
attempted to seek clarification on this matter with the organization but
have not received any response.
It appears that the assets in question might belong to me. In order to
establish clear ownership, I am willing to pursue the matter through the
legal system
the assets were previously located at a storage facility but have now
been moved to 1023 Carriage Ln N, Twin Falls, ID 83301. The
organization may try to claim that it is not them who are putting on the
event, but rather Midnight Productions Studio LLC. However, I will not
allow this until the ownership of the assets is established. The
organization has transferred my assets to another LLC without my
consent, which is why I have decided to file a police report in order to
resolve this matter.
If the special event permit is allowed to pass before a legal ruling is
made on the ownership of the property, I will be forced to take legal
action for lost review against the city.
In this meeting, I would like to discuss with you the steps you plan to
take to confirm the ownership of the equipment before allowing the
event to take place. If it is determined that the assets are mine or if the
organization cannot provide proof of ownership, I respectfully request
that the event permit be immediately denied.
I look forward to our meeting and discussing this matter further.
Best regards
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