Grand Jury Petition Filed on City Officials

A petition to impanel a Grand Jury was filed Wednesday by Earl D. Barnes of Grove and his attorney, Todd G. Tucker of Tulsa, seeking a determination by a District Judge of the sufficiency of the petition. Just a few hours later, Judge Robert Haney signed the order stating the petition was sufficient.

Circulators of the petition now have 45 days to obtain sufficient signatures to authorize the entry of an order impaneling a grand jury. The grand jury itself could then be impaneled within 30 days of the certification, according to the Oklahoma Constitution.

The petition seeks inquiry into an alleged "systematic pattern of continuous conduct" by City Manager Bill Galletly regarding violations of the Oklahoma Meetings Act, Open Record Act, Public Competitive Bidding Act, the Grove City Bidding Ordinance, and violations of the U.S. Constitution.

The petition also seeks the disqualification of the entire Delaware and Ottawa County District Attorney's Office from acting as legal advisor to the grand jury, should it be convened, due to the District Attorney's failure to prosecute any of the alleged violators.

It also seeks an order and inquiry leading to information which if true, "would warrant a true bill of indictment and writ of ouster for City Councilor Nuckolls and City Councilor Helms."

Listed as evidence in the petition were alleged violations of the Oklahoma Open Meeting Act by Galletly; specifically,
--by taking James Dill of Vector Securities into the GIDA executive session on July 6, 2005.
--by commencing construction in June 2005 of a natural gas line extension to the White Building, aka Rocket Gaming, as manager of GMSA without approval from the GMSA Board and without being listed on any agenda or a vote being recorded by the GMSA Board.
--failure to properly list on the City Council agenda the purchase of an easement from the Gray Living Trust, on July 5, 2005.
--violations of the Competitive Bidding Act of 1974 in the remodeling of Grove City Offices; extensions of sewer and gas lines; ongoing and continual violation of Grove City Ordinance and state statutes requiring bidding for all purchases over $5,000.00;
--violation of the constitutional rights of Delaware County Citizens Earl Barnes, David E. Shero, Jack Smith and Gary Metcalf;
--Councilors Nuckolls and Helms "failed to supervise as per their oath of office they took."
--Councilors Nuckolls and Helms "harassed and voted to not reappoint a board member that reported their illegal GIDA meetings to the public."

The petition also requests investigations into "all character and grades of crime which the grand jury desires to inquire into", according to the petition.

Last Fall charges of bid splitting and violations of the Oklahoma Public Competitive Bidding Act were filed against Galletly. His jury trial in District Court in Jay has been set for March 13.