JoCo policy on public information requests pursued
From our weekly issue dated June 11, 2008
Following a request by Illinois Valley News about obtaining copies of public records, the community newspaper is awaiting a written copy of Josephine County policy regarding the matter.
During the regular business meeting of the county commissioners Wednesday, June 4 in Grants Pass, a request was made by Michelle Binker, I.V. News managing editor. Speaking in Anne G. Basker Auditorium to Commissioners Dave Toler and Dwight Ellis, Binker said that she had been informed that “policy has changed” regarding costs attached to records requests.
“I request that I be provided with a written copy of this policy,” she said. Commissioner Jim Raffenburg was absent, as he was on a vacation.
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Toler and Ellis made no comment as to the request. Subsequently, the valley newspaper paid $150 to the county to obtain approximately 36 emails, most of them between Ellis and Curt Bynum. Some are between Toler and Bynum, a communications consultant.
Bynum, not a county employee, said that he has been volunteering his time. He has held several closed meetings with county department heads, ostensibly to coordinate a public information program.
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Binker asked the commissioners to explain why a request in March was filled free, but the current request had to be paid for. The March no-charge request, filled by Linda McElmurry in the commission office, “arrived quickly via email. It netted 70 emails,” Binker noted.
Toler stated that Binker was the “beneficiary of an error.” She continued June 4 that, “I have been informed that my most recent request, made in mid-April, has netted 36 emails, took four hours to accomplish by IT (Information Technology) personnel, at a cost of $37.50 per hour, which the county deems ‘reasonable.’ This request was not filled until May 27.
“Contrary to the assertion by Rosemarie Padgett (chief financial officer) during the board’s May 30 administrative meeting, I was not informed that any deposit be made before the work would be done.
“Arthur O’Hare (county controller) told me only that he ‘estimated’ the work to take four hours, at the cost stated, and asked only that I reply to his email to confirm I wanted to proceed.
“At no time prior to, nor at the time I submitted my request,” said Binker, “was there mention of an hourly rate of $37.50 for recovery.
“Given this,” continued the managing editor, “I request that the board waive the fee for this particular records request. Further, I request that the board disclose whether or not this is in fact a policy.
“If this is not a policy, per se, “but a procedure developed by staff for the processing of such requests, then I recommend that procedures which facilitate record recovery be implemented top to bottom, such that all public records are equally accessible, and not buried because of the way an individual manages the email.
“I also recommend that the procedure be re-examined vis a vis the cost to the media.
“I feel,” said Binker, “that the costs involved may become an impediment to the ability of the press to effectively research goings-on at all levels of county government.”
