Public record requests meet with confusion in central Florida
From Sunshine Review
Featured article
|
|---|
22 November 2008
Contents |
The Florida Sunshine Law holds that anyone can request and receive public records with no questions asked. The reality, however, is often far removed, and less than one in three of the e-mails requested was actually provided during late 2008 audit. [1] Without identifying themselves, reporters organized by the Florida Society of Newspaper Editors requested the most recent budget emails from central Florida county officials. What they often found was confusion.[2]
[edit] Reporters are treated differently than the average citizen
Something notable that this audit brought to light is the tendency of government agencies to respond differently to citizen requestors than they do to reporters. As one reporter who did not identify herself as such discovered: "(She) was told that she would have received prompt attention if the custodian of the record had known she was a reporter." [3] All requestors should be treated the same way under Florida law.
[edit] E-mails most difficult request
Adria Harper, director of the First Amendment Foundation, said that she receives the most complaints about attempts to attain e-mail records. These are often met by large fees or delays due to inefficient methods.
"Why are there agencies who can produce the information in 5 minutes and some take two weeks, if you're lucky enough to get it at all?" Harper said. "There's a lack of uniformity in Florida agencies, which results in a lot of big problems."[2]
The reporters requested the e-mail records from sheriffs, school superintendents and county administrators throughout Florida counties and school districts.
[edit] Audit Findings
"A statewide audit of 163 school, sheriff's and administrative offices in 56 counties found that almost 43 percent of offices improperly handled citizen requests. Why?
- 18 percent required a written request.
- 17 percent required requesters' names.
- 4 percent asked requesters why they wanted the records.
- Others were not able to produce a record within a reasonable amount of time." [4]
[edit] Clay County
When asked for e-mails in Clay County, the sheriff's office asked for the requestor's contact information in order to get back to him. He supplied his name and cell phone number, but received a response via postal mail. "In order to find out who I was, somebody had to do a little bit of checking." The response stated that no such records existed. [5]
[edit] Collier County
In Collier County the Sheriff's office failed to comply with the requests for records received during the audit. Collier Sheriff Don Hunter denied failing the audit, saying "I have 20 years of experience." He demanded that the request for records be made in writing, which the law does not require, and tracked down the requestor's phone number to make multiple probes into why she was making the request. Hunter stated that he doesn’t consider calling members of the public intimidating, rather that "I consider that being a proper steward of public dollars". [6]
Collier schools and the county government each passed the audit. [7]
[edit] Jefferson County School District
The Jefferson County School District failed the audit. When met with a request for an e-mail, the school superintendent and office staff became confused and suspicious, and later admitted to tracking down the requestor by her license plate number. "I meant no disrespect to her. I didn't intend to break the law," says the secretary who ran the requestors license plate. Once school officials realized that the requestor was a reporter, the e-mail was provided. [8] Tracking down the requestor via the license plate has been called "appalling" by the Orlando Sentinel. [9]
[edit] Hamilton County
In Hamilton County, the requestor was told that his request must be directed to County Sheriff Harrell Reid. Reid informed the requestor that the request must be made in writing, which the law does not require. He also said that the records being sought did not exist. [5]
[edit] Hendry County School District
The Hendry County School District responded to the request for e-mails by saying “Why? Are you a reporter?” [10]
[edit] Indian River County
The Indian River County sheriff's office failed the audit by requiring the request be made in writing. No such requirement is in Florida's law. "Jim Harpring, general counsel to the Indian River County Sheriff's Office, said the office doesn't require written requests" and suggested that there may have been a misunderstanding. [11]
[edit] Lake County
Lake County did not fare well, with no agencies able to immediately able to hand over requested emails. However, the Sheriff's Office and county administrator's office eventually complied after giving specific dates they would meet to provide the records.
Lake's school district did not meet the request. An official there asked for identification from the requesting party, along with a written request and signature of intent, providing no promise of any records. Lake County school superintendent Susan Moxley showed some concern. "I want to go back and research how we're doing business," she said. "I want to do my homework and my research on how we're currently handling requests if we're not in compliance. Obviously, we'll make whatever adjustments are necessary."[2]
[edit] Lee County
Lee County passed the audit with only minor missteps. [12] "Lee County sheriff’s spokesman Sgt. Larry King said one of the reasons the agency’s public information office graded so well is because of the experience on the staff." [10]
[edit] Martin County
In Martin County, the sheriff's office failed because the records custodian refused to give access to correspondence that had accompanied the budget, saying that the budget had since been revised, and therefore the information in the correspondence was no longer valid. State law does not exempt out of date information. Sheriff Robert Crowder expressed dissatisfaction with the methods used during the audit, and insists "My people are well aware of the public records law." [13] [11]
[edit] Orange County
All record requests in Orange County were met, with the exception of the Sheriff's Office. The requesting party was referred to the public-information office, who said the records might not exist, and that they would have to file a written request.
Capt. Angelo Nieves responded by saying the request was vague and that "We did as much as we could based on the circumstances. Obviously, there was an ongoing effort in trying to fulfill the request."[2]
While requests from the Orange County Public Schools office and county administrator's office were fulfilled, confusion still occurred. In both cases officials said that if the requesting party had spoken with the correct person in the correct department, that the records could have been easily provided.
[edit] Osceola County
In Osceola County, three agencies were asked for e-mails, but none were able to produce them. A request over the phone to a school district was referred to the district's Web site, which contained the Superintendent's Update on the budget, but yielded no e-mail records.
Superintendent Michael A. Grego called the audit a "setup" and "unfair." He said all public records requests are to go though spokeswoman Dana Schafer's office. Schafer said the school district is training employees to deal with such requests, but stressed that with 6,000 to train, it would take time.
The Osceola County administrator's office said to obtain such records, a public-information request form had to be filed with the public-information office. Niki Whisler, spokeswoman for the county, said there is no such form and that instructions must have been misunderstood.[2]
An employee at the Osceola County Sheriff's Office said a name would be necessary to meet the request, with other employee saying the sheriff does not use email in communications about the budget.
[edit] Seminole County
Seminole County saw some confusion, but all three county agencies there met the requests. [2]
[edit] St Lucie County
St Lucie County failed the audit because an employee asked the requestor why they wanted the e-mails. The law does not require those requesting public documents to give a reason as to why they want them. St. Lucie County Sheriff Ken Mascara said that this was a mistake made by an overzealous employee. [11]
[edit] References
- ↑ Obtaining Public Records Isn't as Simple as It Seems, Associated Press, November 21, 2008
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Public-records requests befuddle county staffs, Orlando Sentinel, November 22, 2008
- ↑ Testing the ‘sunshine’ in Florida, Naples News, November 25, 2008
- ↑ Editorial: Although Treasure Coast sheriffs fail records tests, 66 percent of other offices released records properly, TCPalm, November 25, 2008
- ↑ 5.0 5.1 Public records request: 40% fail Manatee sheriff’s office falls short; but schools, county pass, Bradenton Herald, November 22, 2008
- ↑ Collier sheriff fails secret public records audit, two other agencies pass, Naple Daily News, November 21, 2008
- ↑ Editorial: Records belong to all of us, Naple Daily News, November 29, 2008
- ↑ Florida open record laws often violated, media finds, Associated Press, November 21, 2008
- ↑ We think: Florida needs to embrace — not reject — open public-records policy, Orlando Sentinel, November 30, 2008
- ↑ 10.0 10.1 Lee County's records prove to be open book, The News Press, November 22, 2008
- ↑ 11.0 11.1 11.2 All three Treasure Coast sheriff's offices flunk public records review, TCPalm, November 22, 2008
- ↑ Editorial: Education needed on records law, The News Press, November 22, 2008
- ↑ Sheriff's offices flunk group's audit on public records, Palm Beach Post, November 21, 2008
