WARSAW — A second complaint, alleging the city of Warsaw has violated a request for public records access, has been filed with the Office of the Public Access Counselor Luke Britt. This complaint, filed by Kyle Babcock, states he was denied access to public records on July 21 and Aug. 30.

Mayor Joe Thallemer, Warsaw City Engineer James Emans and Clerk-Treasurer Lynne Christiansen are named in the complaint.

Babcock believes a study on a flooding issue on East Market Street, specifically at Paws and Claws, is complete and no longer a draft document. “The study was commissioned to resolve and fix the drainage problem caused by the new Market Street road improvements in front of Paws and Claws. I believe the city is stalling and delaying the release of the study,” notes Babcock in the complaint.

It is further noted in the complaint the mayor stated in the July 17 council meeting, the study would be released in a couple weeks. However, it has been six weeks. “Mayor (Joe) Thallemer and his staff continue to delay the release of the results.” Additionally it is noted there is a video of the meeting confirming Thallemer’s statement.

“It’s ludicrous,” stated Thallemer. He contends the document in question is still in the working stages. “It’s a draft. We’re still deliberating and have expanded the scope of the study.”

Copies of the request for the records, along with responses from city officials have been included in the complaint.

Babcock had made a request on July 18 for a copy of a completed Market Street Study (flooding problem) discussed during the July 17, Warsaw City Council meeting, received July 14, detailing the problems, solutions and fixes by Paws and Claws, at 1801 E. Market St., Warsaw.

He was advised, in a letter from Lynne Christiansen, clerk-treasurer, on July 21, the item he requested was a deliberative/draft document and “pursuant to a discussion with the public access councilor, this item is exempt from disclosure.” Britt is currently unavailable to verify making this statement to the city.

Babcock then made a second request on Aug. 30, for the same document, adding his original request was denied as a draft document. “It’s been six weeks, so I’m requesting the completed study.” A separate request was also made for the name, address and phone number of the vendor who conducted the study regarding the market street glooding problem. The cost of the study was also requested.

An email response was received from Christiansen, which was a forward of an email from James Emans, city engineer. Emans stated, “The requested document has not been finalized and is still a draft. Your July 21, 2017, response to the initial request is still valid.” Christiansen, in a separate email noted, “The final version may be ready/completed by late October or early November.”

Babcock did, however, receive information that the study cost $59,400 and the firm that prepared the study was AECOM Technical Services Inc., Indianapolis. The address and telephone number was also provided.