Barnes Files Grand Jury Petition

A petition to impanel a Grand Jury in Delaware County signed by some 750 Grove area residents was filed in District Court Thursday by Earl Barnes, Grove resident. The petition from Barnes also asks for indictments against Mayor Carolyn Nuckolls and Councilman David Helms for "failure to supervise" and voting to "not appoint a board member that reported their illegal GIDA meetings to the public." It also asks for inquiry into a "systematic pattern of continuous conduct by William A. Galletly, Grove City Manager."

Adding fuel was the announcement from Earl Shero, Grove area resident, that he will add an Addendum alleging three additional allegations against City Manager Bill Galletly which will be given to the Prosecutor.

A petition to impanel a grand jury prior to obtaining signatures was filed in District Court Feb. 8, 2006 and was ruled sufficient by District Judge Robert Haney the same day. Circulators of the petition had 45 days to obtain sufficient signatures to authorize the entry of an order impaneling a grand jury.
The signatures must now be certified by the County Election Board as qualified electors and if so, a district judge would order the impaneling of a grand jury to convene within 30 days of the date of certification as received by the Court Clerk.

A Grand Jury investigates law violations; there are no defendants, and until the investigation is complete it is not known who may be charged with violations. A grand jury could result in a "true bill of indictment" or "no bill," in which case the matter would disappear.

Attorney for Barnes is Todd Tucker, Tulsa.

Barnes' request specifically asks that the Delaware County District Attorney and his staff be excluded from any investigation of the matter as he "has no intention of following his oath of office in prosecuting crimes committed in his jurisdiction and therefore he must be disqualified. Further, most likely he will be called as a witness before a grand jury…"

Barnes' petition asks for inquiry into Galletly's violations of the Open Meeting Act, the Oklahoma Competitive Bidding Act of 1974 and the Grove City Ordinances; violation of citizens' Constitutional Rights; and includes Councilors Carolyn Nuckolls and David Helms for violations of the Open Meeting Act, failure to supervise their oath of office, and harassment of a GIDA board member "that reported their illegal GIDA meetings to the public," according to the petition.

Shero's addendum includes charges against Galletly of embezzlement of property for allegedly submitting a resolution to have "Grove City Council pay his and Buzzard's attorney fees in violation of State law." His addendum states that the "Council paid settlements of attorney expenses in excess of $47,000 for the criminal acts of its employees…and paid attorney fees to City Attorney Parker of $14,000 for her improper lawsuit and in direct violation of the Open Meeting Act and the U.S. Constitution…and that the City of Grove paid these fees after being made aware that Galletly's, Parker's and Buzzard's actions were illegal and not authorized."

Galletly has stated that the city's insurance carrier settled the Shero lawsuit in May, 2004 and paid Shero's attorney fees of $20,000 from premiums paid by Oklahoma cities and towns, with the exception of Tulsa and Oklahoma City. Galletly and Buzzard paid the rest from their personal funds, he said.
In the recent bid-splitting trial, Galletly said he paid 100% of his attorney fees, and the appeals bond of $1800. "Not one dime was paid by the city," he said.

Basically, all of this started over the city's refusal to give Shero the information packet given to councilors prior to their meetings, in January, 2004, based on advice from the then city attorney, Dorothy Parker. This refusal continued, Shero says, even after Assistant District Attorney Ben Loring faxed a letter to Buzzard and Parker informing them of the violation of law and threatening prosecution.
The city filed a lawsuit against Shero in February 2004 and shortly thereafter the District Court ordered a judgment in favor of Shero.
Shero maintains that the city cannot pay from its coffers to settle a "criminal act."
Shero also states that the Council took no action to stop the lawsuit filed by the city against Shero in February 2004 and subjected Shero to public criticism that caused his employer, Grand Savings Bank, to fire him.

Shero said this week that "this would all go away if Galletly, Nuckolls and Helms would resign."
Galletly's bid splitting trial this month resulted in a not guilty verdict on the City Hall Remodel Project, and a guilty verdict on the White Building Project. He is appealing that jury decision.

The Grand Jury petition's 750 signatures represent one-third of those voting in the last city election, Shero said.
The signatures include those of Bob Henkle, GIDA Board Member; Gary Trippensee, Airport Trust Authority board chairman; Terry Abercrombie, airport manager, and Charles Rowe, former councilman.
Shero also warned that "if Council spends $1 more than his contract to buy Galletly out I will get it back from each Councilor."
It is assumed that the prosecutor in the Grand Jury matter will come from the Oklahoma Attorney General's office, Shero said, since the Delaware County D.A.'s office has been specifically requested not to serve

For those keeping score, here is a summary of the lawsuits currently pending involving the city:

In Federal Court, the city is appealing Judge Terrence Kern's decision earlier this month regarding the Gary Metcalf suit against the city. Metcalf is the city's former EMS manager. Earl Shero's suit for violation of his First Amendment Rights against the city is expected to come to trial in July, he said.

In District Court, The Grand Jury petition is now filed, and Galletly's appeal on the bid splitting conviction is in the works to the State Court of Criminal Appeals.
When asked where Shero was getting the money to carry out his legal actions, "I sold my house and have spent my savings, and if I have to live in a tent I'm going to pursue this to the end."

Barnes said "I can no longer stay silent on the violations of law taking place in Grove. I ask 'We the People' to examine the violations and bring justice to Grove. I believe it to be my duty and obligation to see that the laws of the State of Oklahoma and our Constitution are respected in Grove…"

Galletly said Thursday he would have no comment since he had not seen the actual petition.

City Obligated to Provide Counsel, Attorney Says

The Grove Municipality would have an obligation to provide legal counsel for the city manager and Council in the event of a Grand Jury investigation, and if requested to do so, a formal opinion will be issued, Grove City Attorney Ron Cates told Council members Tuesday night.
Councilman Gary Bishop questioned an invoice from Cates and said he was against spending city monies for defense in a Grand Jury investigation.
"Any taxpayer can bring a lawsuit, but the Municipality would have an obligation to defend the Council or manager," Cates said.
Councilman Larry Parham has taken out a $5 million insurance policy and hired his own attorney, he told The Observer.
Later in the meeting a request for an Executive Session brought by Parham was voted down, 3-2. "This is the wrong time, while an appeal is underway," Ryan said, referring to the bid-splitting trial of Galletly last week. Mayor Nuckolls said Galletly has the "right to appeal and I won't take any action until that action is completed." Bishop and Parham voted to go into Executive Session.
In other meeting action:
--Council approved $9,000 in funding for the annual July 4 fireworks celebration, presented by Ben Hynum;
--Waived Civic Center fees for the US Air Force Band performance set for Friday, April 7 at 7 p.m.;
--Approved a request by the city's insurance carrier to deny a tort claim for Steve and Pamela Watts, for a sewer backup problem;
--Approved a contract between the Grove Public Schools and City regarding signage at the Grove High School Baseball Field.
--Approved $75,000 in funding for the CITGO Bassmasters Top 100 Elite event (see separate story).
At the meeting's end, Councilman Ryan thanked Bryant Chestnutt, airport board trustee, for his role in settling the dispute between the city and airport board on transferring property title to the city.
Also noted was the fact that one of the city's warning sirens was not operational, near Quail Run and Har-Ber Road, and Galletly said action would be taken "tomorrow morning."

Top 100 Fishermen Coming to Grove

Deb Wolek, Executive Director of the Grand Lake Association, came to City Council meeting this week seeking maybe enough money to pay for porta potties for the upcoming ESPN Top 100 Fishing Tournament June 1-4, about $6,000.
Instead, Council gave her the entire bathroom with fresh towels thrown in--$75,000.
The population of Grove will double during this national event, called the "Sooner Run."
Up to 10,000 visitors will flood the city and surrounding area, filling every motel room and spilling over into private homes.
Known as the CITGO Bassmasters 100 Elite, the country's top professional fishermen, the ESPN crew, families and fans are expected to add up to $300,000 to the city's sales tax coffers.
"June 1 is tomorrow, for an event this big," City Manager Bill Galletly told the Council. Councilman Larry Parham said "I have no problem with $50,000 or $75,000 if we will get it back."
Terry Ryan made the motion to support the event with $75,000 in funding and waive the fees for the Civic Center. It passed 5-0.
"We need volunteers, lots of them," Wolek said. Some 10,000 advertising flyers have been handed out to date and 100,000 copies of the Guide to Grand Lake have been printed.
"We need sponsors to put on events for spouses and fans, busses to handle the crowds from Grove to North Beach, site of the event," Wolek said. The city is even putting in a temporary road adjacent to Computer Boy to make it easier for the truck and trailer rigs to make turns to Cherokee Street. The event is estimated to generate $1.2 million in sales during the event.
"The city's police, fire and government services will be in high demand during this event," Galletly told the Council. "We will have lots of overtime."
The event will bring 110 boats, 200 contestants, 12 ESPN camera boats, crews, sponsors and thousands of fans, according to Wolek. She said she had hoped to be put on the agenda for the Grove Chamber of Commerce this month but was not.

Who is Karl Blade?

Toward the very end of questioning in the jury selection process in the bid splitting trial of City Manager Bill Galletly, defense attorney Jack Gordon, Jr. asked the jury pool,
"does anyone know Earl Shero or Karl Blade?"

The Observer spent two hours this week with Karl Blade, Miami businessman and Monkey Island resident, seeking answers. Blade is owner of Newell Coach, Inc. of Miami, builder of custom motor coaches. To say these are "deluxe coaches" is an understatement.
Average selling price is $1.2 million each, and worth every penny, owners say. The company builds only 44 coaches a year and waiting time for delivery is on average a year and a half. Equipped with a 625 HP diesel engine, coaches are custom built from the ground up, with 90 different options.
One owner for example, requested, and got, water buffalo hide on the sofa to accommodate two large dogs that traveled along. The hide was so tough even the dogs couldn't tear it.

Blade is a no-nonsense businessman who moved to Miami in 1979 when he purchased the company from L. K. Newell, who founded the company in 1969. In 1991 Blade moved to Monkey Island where he later built a spacious waterfront home in 2003.

So why the question from Gordon?

Some people in Grove have stated that Blade has close affiliations with District Attorney Eddie Wyant and that Blade pushed Wyant to file charges against Galletly in the bid splitting case, to get even for Galletly's treatment of Frank Hallacy, former owner of Cedar Oaks, which was the delivery site of some 900 loads of dirt gleaned from Grove Airport property in 2003.
And, bid splitting charges against Galletly were filed just a few days after the city shut down construction on Phase III at Cedar Oaks, due to what the city said was soil that would not compact per code.
Several weeks later an engineer hired by Cedar Oaks approved the soil, but then the project was shut down by GRDA for lack of a permit from the Army Corps of Engineers.
The project is still shut down today.

Blade says he is a friend of Hallacy, who bought a Newell motor coach some time ago, and who has since sold Cedar Oaks and retired to Arizona. Blade says he also supports District Attorney Eddie Wyant and contributed to his campaign for election.

But that's as far as the dots connect, Blade says.
"I did not know about a bid splitting charge from the District Attorney's office until I read it in the newspaper," he says.

Blade says he became a strong supporter of Wyant as a result of Wyant's handling of the Monkey Island Development Authority/Paul Staten case several years ago.
"Wyant was not afraid to take on the political machine and get to the bottom and help resolve the issues," Blade says. He adds that he was never part of the group supporting former state senator Rick Littlefield for the city manager's job, stating that he felt the job should go to someone with actual experience managing a city.

Blade finds the current partisanship in Grove "overwhelming."
"The supporters and detractors are too emotional. The issues should be sorted out on a factual level. What's wrong with running the city, with everyone trying to get along?" he asks.

Engineer Clarifies GRDA Request to Lower Grand

Gary Utter, consulting engineer for several Northeastern Oklahoma water districts, including #6 in Mayes County, this week clarified GRDA's request to FERC to lower Grand Lake in order to keep Lake Hudson at a minimum elevation of 614.
Below 614, Utter said, severe problems result for water intakes for Adair, Salina, Locust Grove and Rural Water District #6, due to their location.
Salina's intake sits on floating dock with intake six to seven feet below the water level; when the lake is below 614 elevation the pumps are stuck in the mud; Adair's intake is 12 inches below the surface at elevation 614 and the water boils, followed by pump cavitation; the intake for Locust Grove sticks out of the water at elevation 614; and Mayes County #6 intake is in a cove rather than out in the main lake.
In any case, Utter said, the problem is real, and letting three inches out of Grand raises the elevation of Hudson by a foot. He contacted GRDA to inform them of the problem and GRDA has requested a temporary variance of the rule curve from FERC to lower Grand below 742 elevation in order to keep Hudson at 614.
Normal elevation of Lake Hudson is 619, Utter said, and can go as high as 638 in a flood, which is why the water intakes were not built in deeper water to start with.
Current level of Hudson is near 616 and the variance might not be needed if we get more rain, Utter said.
Water District #6 has purchased $30,000 worth of new pipe to extend their intake out of the cove, and if not used for that purpose, can be used in other water projects, Utter said.
He said tall intake towers such as the cities of Grove and Vinita have on Grand Lake are not feasible on Hudson due to the severe lake level fluctuations and cost.

Readership Poll...The City Manager

You are invited to participate in our first Readership Poll, this one on the following question:

Despite the legal troubles, has City Manager Bill Galletly done a good job as City Manager?

Send email reply with either "Yes", or "No", in the Subject line. That is all. Do not make further comments as your email will not be read. Deadline for voting is Thursday, March 30.
Email to: groveobserver@yahoo.com
Vote only Once! Duplicates will be eliminated.

The votes will be tabulated and announced in next week's Observer.
The Editor

GIDA Approvees Festival Funding

Members of the Grove Industrial Development Authority voted 4-0 with one abstention to approve funds for the American Heritage Festival held annually in June in the amount of $15,000, contingent upon receiving funds from the City and receiving a detailed financial report at the end of the festival from festival officials.
Mayor Nuckolls voted to abstain, saying "we must treat everyone fairly."
The board voted to not sell two acres at the Industrial Park, as it was a non-commercial venture. As guidance for the city manager, the board said the park should not be used without a specific reason, is it was for companies that would create new jobs.
The board approved a resolution to approve borrowing of funds from GMSA pertaining to the CDBG-EDIF 2006 grant application for expansion at Pride Plating, and approved authorization to solicit bids for construction of the Pride Plating project.
The City has been approved for an Oklahoma Department of Commerce Development Block Grand-Loan program in the amount of $220,000 of which $100,000 is the grant portion and $120,000 is the loan portion, for Pride Plating. GIDA has been designated as the borrower, and GMSA as the lendor, for the loan portion. Ron Lay of Pride Plating said the expansion would allow the company to add 16-30 jobs.
The board also approved the draft lease agreement with the City for property transferred from GIDA to the city, except for the Civic Center which was not transferred. One modification made was that the least will automatically renew, not terminate at the end of the term; a similar modification was passed by the airport trust authorities last week for its transferred property.

WiFi, New Cell Tower for Grove?

A joint meeting of the city council, GMSA, and Grove Industrial Development Authority heard presentations on a new cell tower, cellular service, and wireless high speed internet at a special session Friday.
City officials heard from Trevor Langham, Tulsa Metronet and provider of WiFi service, on technology that is less than two years old. Up to 100 radio units would be installed with each unit talking to another unit up to two miles away. Up to 50 sessions per antenna at a time could be handled with the new equipment, with radios being mounted on PSO and REC poles, as well as the new cell tower to be built. Suggested cost to consumers would be $29.95/month for broadband service at a speed of 1.5kbps up, 760kbps down, or eight times the speed of a T-1 line, Langham said. Total cost of a 100 unit system would be about a half million dollars and could be built in 60-90 days and would pay for itself in a year and a half assuming 900 users, Langham said.
Langham said the Grove area has a density of 570 persons per square mile and only 38% of internet users currently have broadband service, with 61% using narrow band service. He said his system would not provide for HDTV service initially.
City Manager Bill Galletly said the staff has been working to bring automated water meter reading service to GMSA and Grove, and the wi-fi, and new tower would solve three problems at once.
Peter Kavanagh of Verizon Communications in Dallas made a presentation on providing new cell phone service, with Verizon building and paying for a new 280-foot tower at the top of the hill near the water tower south of the Grove Grade School building. Verizon would build it, maintain it, and provide the city with free space for its own transmitters, with up to 3 other cell phone or wi-fi companies renting tower space. The city would get 80% of the rental fees, Verizon would get 20% and Verizon would pay nothing for its own cell facilities.
Bill Taylor of Didicom LLC in Ft. Smith said his company has built 150-200 towers in the area and could build the tower "naked" with the city renting space to users. He said his company is strictly in the tower business.
Troy Kyman, owner of Precision Communications, said his company is located in Grove and is in the tower construction business and would like an opportunity to get involved.
Verizon has been ordered to pay $560,000 in fines to Oklahoma by March 31 for its failure to fulfill an agreement to create 160 jobs in the state in 2005; Verizon paid $280,000 last year for its failure to create 160 jobs in 2004.
All three Grove governmental bodies passed motions, unanimously, to authorize the city to advertise for proposals within 10 days, to "get the best deal in writing."

Water District Calls Meeting on Hydrants

Officers of Delaware County Rural Water, Sewer, Gas & Solid Waste Management District #9 have called a special meeting on fire hydrant policies at Patricia Island, Grove, and within the Water District, for 5 p.m. Monday, Mar. 27 at the Patricia Island Golf Clubhouse.
Residents of Patricia Island have made the fire hydrant issue a subject of discussion at the last two GMSA meetings. There is as much a 2880 feet between hydrants although the City Code calls for no more than 500 feet from houses.
A middle-of-the-night grass fire on the 15th fairway in December nearly resulted in the burning of a home, as the fire completely surrounded the house.
On the agenda are a presentation of possible additional hydrants at Patricia Island, board discussion on hydrant policies, consideration and possible action regarding policy, construction of additional fire hydrants, consideration of possible action regarding installation of one fire hydrant, and future hydrant policy for hydrants installed within the City of Grove and within the water district.
The meeting is open to interested persons.
The Water District's annual meeting is also at 5 p.m. April 3 at the Patricia Island clubhouse.

Letters to the Editor...

The Editor did a good job covering the three-day trial of Bill Galletly. The subsequent editorial clearly showed his personal preferences. That is his choice. However, the one troubling factor and the one that I am always interested in, is how one views the law. The law is where we start and where we finish. It doesn’t matter who your buddy is. It doesn’t matter what your political stance is, nor that you socialize with a public official, nor that you are pleased to have that association. IT IS THE LAW, and until the law is changed, it will be enforced. To try to spin the law or personalize the law or make arguments that you are above the law or not subject to the law, is the continuing problem in Delaware County and for that matter, the rest of the world. Adherence to the law and the enforcement thereof, create the framework within which we interact in a peaceful way despite deep and even bitter differences of opinion. Disagreement is contained within that framework. Once we go, in our actions or in our arguments, outside the law, then we lose direction, control, and civilization and, as we see in other countries, violence replaces law. What is terrorism but the rejection of law and the blind devotion to a leader? In this country, public officials have a higher duty to obey the law. They are in a position of leading and supervising others. Therefore, from them much is expected. If the manager violates the law, can his employees violate the law? At what point is credibility lost?
For example, THE GROVE SUN DAILY this week published a letter from their sole and exclusive designated writer of Letters to the Editor, William Miller, in which he actually stated the following: ". . . METHODS INCLUDED TAKING CERTAIN MEMBERS OF THE CITY STAFF TO COURT FOR FAILURE TO PRODUCE REQUESTED DOCUMENTS, COURT EFFORTS PERTAINING TO VIOLATION OF CIVIL RIGHTS. THEY ALSO FILED COMPLAINTS WITH THE POLICE, PERTAINING TO SPLITTING OF CONTRACTS . . ."
Gad !! All of these things cited in the Letter constitute the LAW !! And, as the court decided, one of these actions resulted in a criminal conviction !!
When you follow a leader and not the law and when you defend violations of the law, you are not leading the City into the 21st Century. You are leading it into the 16th Century. A statement that "A SMALL GROUP OF MALCONTENTS WHO ARE USING THE LAW TO TRY TO GET THEIR WAY" is beyond comprehension. The LAW is what we all rely on to make sure that no one gets their way; only the law gets its way. Freedom and democracy demand oversight, criticism, and scrutiny of all public officials at all levels.
The statement by The Editor that "GALLETLY JUST WANTS TO FINISH OUT HIS CAREER AND RETIRE IN 16 MONTHS" might be true, but it has no relevance to the law. In our system, politicians are not appointed for life other than in the Federal Court system, nor do they get what they want, the citizens get what they want. If "BOO-BIRDS WANT HIM GONE", the only avenue they have is the law, which includes elections. Opposing sitting Council members is a right given by law. It does not take away the ballot box. The next election is in April, 2007. At that time, representatives of the citizens of Grove will once more be elected or re-elected. They then will make the decision to hire or fire any City Manager. If you happen to know him/her, socialize with him/her, or enjoy identifying with him/her, that is fine but it has nothing to do with the law.
In conclusion, one cautionary consideration: Apologists for lawbreaking are wrong, but they suffer no legal consequence unless they hold public office. If they hold public office and knowingly support or even endorse lawbreakers or fail to distance themselves from lawbreakers, they are exposed to financial and/or criminal liability for the consequences of the lawbreaking. Wake up!! Beware!! The Metcalf ruling in Federal Court is what is going to happen in District Court in Delaware County, as well.
Jack L. Forrest

(Editors Note: THE LAW includes a process which provides for appeal to a higher court; more than one decision in Delaware County has been appealed and reversed, overturned, or remanded for another trial. Mr. Galletly is entitled to use the appeals process BECAUSE IT IS THE LAW.
Of course if one has his mind made up on the guilt of Mr. Galletly before, during or since the trial, or before the Appeals Process has a chance to work, there is no need for discussion because that person has not given THE LAW a chance to perform.
There are no local editorials in the other area publications...either they publish nothing, or subscribe to a national news service written by people with no relationship to Grove.
He who offends no one, pleases no one.)

A Correction

Correction

You know those little bells that go off in the back of your mind, telling you something?
Ours has been going off since the publication of the March 3 issue of The Observer.
In an article re Council receiving a lawsuit threat, we errored in a statement attributed to City Manager Bill Galletly.
"Galletly said that 'Council did approve THE LAWSUIT' should have read 'Council did approve THE PAYMENT,' instead.
We regret the error and offer our apologies.

Ancester Fair Coming to Grove

The 2006 Grand Lake Ancestor Fair and Seminar comes to Grove Saturday, April 22, headlined by a seminar by Russell P. Baker and activities for the family researcher. The fair is held at the Grove Community Center, 104 W. 3d Street, from 9 a.m. to 3 p.m. The Delaware County Genealogical Society hosts the fair. Russell P. Baker, a native of Arkansas, is archival manager for the Arkansas History Commission and State Archives in Little Rock. He is a genealogist, former president of the Arkansas Genealogical Society, and has served on the society’s board for nearly three decades. Baker is the author of a number of award-winning historical and genealogical publications. His Historical Directory of Arkansas Post Offices 1832 — 1971 and Arkansas Township Atlas, both recently revised and reprinted, are modern classics. Baker will give three presentations; "Over the Mountain Men”, genealogical research in Tennessee, will cover the rich lode of materials available to researchers of Tennessee families; “The Blue and the Gray” will be a discussion of Civil War research for genealogists. The war was one of the most traumatic events in American history, and many materials are available to researchers. “Who Blowed Up the Church House?” is the title of a presentation on records which can be an alternate source when burned courthouses leave gaps in records. Local parish records, church newspaper records, and records of denominational organizations can be filled with useful information. Several free events will be available to fair visitors. At 12:15, a free presentation ‘Beginning Cherokee Research” will be given by Rose Stauber, well-known researcher in Cherokee records. It is suggested that those attending bring pencil and paper and their family research back to 1900. Free computer searches of the Dawes Roll, or Final Roll of the Five Civilized Tribes will be offered all day by the host society. Again, those using the searches should have family information back to 1900 to assist in the search. Visitors to the fair are invited to “Meet the Authors” of three books about the Civil War. They are Patrick L. and Sharolyn S. McCoy, authors of Elkhorn Tavern, 1860, The Pea Ridge Community; David L. Haimerl, author of Clarkson's Battalion, C.S.A. which covers action in this border area: and Linda Alstrom Hare, author of Seven Hares in the Civil War which follows members of an Iowa family. The admission for Russell P. Baker’s Seminar and all activities is $20 if registration is received by April 15. The admission is $25 after that date. Admission to one of Baker’s presentations is $10 which includes the $3 entrance fee. Admission to the fair and all activities except the seminar is $3 at the door. Family researchers who wish to share their work with others can reserve half a table for $3 if the reservation is made before April 15.