Most people don’t know it, but the public has a right to know how decisions are made that affect the public. The public is guaranteed access to any record generated by a public official, elected or appointed, or public agency.
The law is generally called the Freedom of Information law or “Sunshine” law, which forces government officials under threat of fines and imprisonment to provide citizens with records.
Usually, news agencies make requests on the public’s behalf. Sometimes, interested citizens, even inmates, make the requests.
Sometimes, the information learned is embarrassing to officials. In 1997 the Newsstar’s request revealed that the mayor’s secretary allowed her child to use a city computer to do her homework while waiting for her mother to get off.
Another request for cell phone records by the Newsstar revealed that many city workers were using city-issued cell phones to make private calls. It was a big deal then because cell phone charges were calculated by the minute, and the city was running a deficit.
In 2013, this publication requested to inspect rubrics used to score applicants for superintendent. The board dodged and delayed for nearly two months. We sued the school board and won. It turned out that some of the rubrics had been altered, as we suspected.
This year, three citizens: Nicholas Farrar, Gwen Dickson, and Sam Hanna (Ouachita Citizen) made requests for documents related to the firing of Reggie Brown, the city denied the records were public. The three sued. This week they won. The city has been ordered to produce the documents requested, pay their attorney’s fee of $16,445.50, as well as pay Farrar and Hanna $2,500 each for failing to produce the documents they requested.
This publication frequently makes FOI requests. Most agencies respond with the three-day window the law requires. The Ellis Administration uses every delay tactic it can. The city’s website once made it easy for citizens to make FOI. The Ellis Administration removed that access, making it harder for citizens to seek records.
In 2020, we made a city FOI request to see “in camera” all videos related to the arrest of Timothy Williams. In response, the city gave all media an edited copy of one of the police cam videos. It has never complied with the unedited request to see the full videos.
In November 2020, we requested a listing of city employees who were not residents of the City of Monroe. We only asked for the employee’s name, position, and city. The city responded that it does not keep address information on its employees. Really?
In June of 2022, Verbon Muhammad was suspicious of cameras placed at S. Second and Winnsboro Road aimed at the Muslim Mosque. He was told it was to monitor crashes at that intersection. So he made a city FOI request for reports of crashes at that site between 2018-2022. Now, three months later, he is not received his request. He then asked for copies of the funding source for the cameras; he has not received a reason or reply.
Earlier this year, the Free Press requested all emails, letters, or communications between certain city officials and members of SEDD board. The city has not complied.
Although the city has a three to five-day window to comply with requests, our experience has shown that the longer an agency takes to comply, the better chance a citizen will win in court. So we’re just patiently waiting. One request is two years old; another is several months old. A third in which the city claims it does know the city in which employees live will be challenged, too.
Freedom of Information requests are serious business, but the Ellis Administration takes them lightly, forcing citizens to sue.
Adult citizens can request any document they want: phone logs, computer cookie files, emails, letters, visitors logs, text messages, payroll records (with dedacted personal data), reports, contracts, minutes, and settlements.
Even text messages and emails by public officials about public actions made on private phones and email accounts are considered public records.
The law holds the public official responsible for withholding the documents requested “personally” responsible with fines and imprisonment.
If a government agency destroys a public record or deletes it from a computer or phone, the guilty employee or official can be personally fined as much as $5,000 and get five years in prison. A public record is permanent.
If you want public records, make all requests in writing to make a paper trail. If you don’t have money for copies, ask to “inspect” the actual document. Your paper trail starts your timeline.
Public officials cannot operate outside of the public view; state and federal laws are on your side.
Ask, and you shall receive…or get paid!
