Is It Just Too Much?
After you hear it the fifth or sixth time, you start to believe it.
All this time, I’ve been thinking I had the short end of the stick in filing Sunshine Law requests for school district election results with Missouri county clerks. But, as it turns out, they may be just as frustrated as I am.
“I am covered up right now,” said Don Firebaugh, Madison County’s clerk, when I called to ask for some additional information.
Well, August is fast approaching, so it occurred to me there might be some truth in that statement. But, at the time, I brushed it off as one more attempt to keep from doing the work. Of course these clerks are busy, but how difficult could it be to look up a couple of numbers? And how many requests for public information do they really get?
Well, the answer might be more than you would suspect.
“I’m pulling my hair out,” said Hubert DeLay, the Mississippi County clerk. He had already sent me some data, but I needed a little more, and the news was obviously distressing to him. He said it just wasn’t possible for him to spend much more time on a “low-priority request” like mine.
In all fairness, he sent the extra information I asked for that same day, about an hour later. But our conversation got me thinking. If my request was low-priority, who else was asking for information?
Well, I still can’t answer that. I have asked some county clerks I’ve been on the phone with recently, but they haven’t been willing to say who’s asking for information. What’s clear, however, is that someone is.
“We get requests all the time,” said Shelley Harvey, Audrain County’s clerk. She did not elaborate, but the message is the same from almost every county clerk I’ve asked. People are using the Sunshine Law — and liberally.
Gary Youngblood, Barry County’s clerk, said they hadn’t received too many requests, but that it could be difficult to fill requests like mine. Barry County charged me a modest amount for the information provided, but I have since had to call twice for additional information (not because the records were incomplete; they were, in fact, quite good) but because I had thought of other information I wanted to have.
Each time, Barry County said they would have to charge me extra. I asked for invoices. Both times, Mr. Youngblood gave me the extra information for free. He told me he wouldn’t be able to do it again, though.
“We just try to accommodate people,” he said. But he made it clear that he is responsible to the taxpayers, and providing free information — even to a nonprofit — is not always an option. Especially, I would guess, if the volume of requests is high.
The Sunshine Law is undoubtedly useful, and public information should be available. But at what price? Perhaps county clerks who have been dragging their feet on my request have reason to do so. Maybe they really are swamped with other requests.
If so, what’s the answer? Well, busy and stressed county clerks may have found one. The high fees some counties have requested may be their way of discouraging those who aren’t serious about their information requests. Those who value the information might be willing to pay more to get it. Those who don’t value it as much won’t pay the premium.
This is problematic for someone on a budget, but it is what we should expect, maybe. The Sunshine Law is well-intentioned, but my experience has left me wondering: Is it just too much for public officials?
Good points, Cynthia. Also remember that the clerks you have mentioned are also responsible for such things as payroll, insurance (for the county), the commission’s weekly meeting minutes, liquor licenses, notary commissions, and hundreds of other details surrounding running the county. And it’s not like they can just expand their staffs as needed, even in a busy, possibly record setting election year. Someone has to stop what they’re doing in order to fulfill each request. That may not seem too big of a deal, but have you ever worked a job where you have to answer the phone, plus get daily work done? It’s not easy. No, I’m not a clerk. But I know what they are responsible for. I would bet some state agencies actually have staff that’s hired to fulfill information requests. Some of them get hit up pretty often for info, too. Is that what the law intended, also? I don’t know. But it’s something to think about.
Comment by ray — July 20, 2008 @ 1:40 p.m.
Ray,
Thanks for the comment. I agree. The job definitely is a demanding one. And from what I’ve heard, county clerks are getting hit up pretty often with public information requests. I hadn’t given it much thought until I started to hear it so frequently. I still would be curious to know who else is asking for information. Private citizens? Researchers?
Either way, the law does seem to be having certain unintended consequences for some Missouri county clerks. I’m all for access to public record, but maybe it’s time to reevaluate how we go about granting it.
Comment by Cynthia Juedemann — July 23, 2008 @ 8:57 a.m.
Cynthia,
I do hope you get an answer. Perhaps the county clerks could at least tell you whether the requests are coming from individuals. In my experience with school districts, the bulk of these types of requests come from disgruntled citizens, especially when meetings such as school board meetings routinely have “executive” sessions with a generic items’ list of sunshine law excuses checked. You would be surprised by how many such requests go unfulfilled because the records have been lost or “don’t exist.”
Comment by susan — July 23, 2008 @ 2:14 p.m.
Susan,
I reported on the Columbia School District this fall through the spring and it became a consistent pattern — once the public school board meeting was done, board members and administrators would then have a closed “executive session” meeting, with no specific reason cited, other than “personnel issues.” It was frustrating, to say the least.
Comment by Audrey Spalding — July 23, 2008 @ 2:26 p.m.