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City says Gathering Inn partner refused subpoenaed grant records; staff to pursue legal options

City of Lincoln City Council · September 25, 2024
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Summary

City Attorney Ryan Jones told the council that the Gathering Inn partner (TGI) objected to a legislative subpoena and has not produced requested grant documents. Council members and public speakers offered competing calls for legal action and for dialogue; residents raised concerns about transparency and potential local impacts.

The City of Lincoln said on Sept. 24 that a partner on a proposed medical respite facility, identified in council discussion as the Gathering Inn (TGI), objected to a legislative subpoena and has not turned over documents the city says are needed to begin a dialogue.

Acting City Attorney Ryan Jones told the council that the city "did get an objection" from TGI and "at this point, we have not received any records and they have objected to it." He said the city will "pursu[e] all legal options to compel the records to be produced." Mayor Carl Skimp said he was "really disappointed" that TGI had declined to comply and said the city may proceed down a legislative and litigation path if necessary.

Why it matters: Council members and residents framed the dispute as both a transparency issue and a practical concern for neighborhood impacts if the respite facility opens. Several public speakers urged different responses: some called for immediate legal action to compel documents; others asked the council to pursue a negotiated memorandum of understanding with TGI instead of costly litigation.

Public testimony at the meeting included a retired pastor who urged reconciliation and direct talks with TGI, saying "you have a choice to waste tens of thousands of taxpayers' dollars on legal fees or to accept TGI's invitation to sit down together and resolve the issues." Nearby residents and supporters also addressed the council: one called the proposed respite center's services "not going to operate that much differently from the building that was previously being used" and urged support for the project on ethical grounds.

City staff said they do not have all supporting documents that accompanied the state grant application TGI received; at one point council staff cautioned that the grant application, if reviewed, "says is, completely opposite of what they're presenting to the public and what was presented here tonight." Council discussion also included an assertion by staff that, prior to opening, the city already has reports of people arriving by bus seeking services tied to the prospective facility.

What the council did: No formal action adopting policy toward TGI (such as a settlement or MOU) was taken during the meeting. Council directed that the legal process be pursued while members and members of the public debated whether the next step should be litigation or negotiation.

Next steps: City staff said they will pursue legal options to compel production of the subpoenaed records and made grant application materials available to anyone who requests them.

Sources: City of Lincoln council meeting, Sept. 24, 2024; statement by Acting City Attorney Ryan Jones; public comments by Virgil Nelson, Scott Warren and other residents.