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County's public records record a disgrace
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Not to sound like a broken record, but when it comes to public records in Anderson County, the system is broken.
The Anderson Independent-Mail has been on a campaign to obtain public records. Recently we asked for a copy of Anderson County Administrator Joey Preston’s contract.
We were denied. So we filed a Freedom of Information Act request, which the county sent to a Charleston law firm. Eventually, we received a copy of the contract.
Soon, the fact that Mr. Preston’s annual review had not yet been conducted this year was noted near the end of a council meeting. We saw in the contract that the review is due each year no later than Feb. 1.
We asked for copies of Mr. Preston’s previous reviews. We were denied. So we filed an FOIA request. Again, it was sent to the Charleston law firm. This time, the request was denied on the grounds that reviews are personal information.
We asked for South Carolina Attorney General Henry McMaster’s opinion, and it is clear.
“We have repeatedly said the idea of personnel record exemption under FOIA is a myth,” he said.
So we filed another FOIA request, and it was denied. Now what? We’ll see.
We asked for the most basic of public information: Mr. Preston’s compensation. How much is he paid? We were told we had to send an FOIA request.
This is in a county where even some council members complain that they have to file FOIA requests. Council member Bob Waldrep is pressing for a public information ordinance. That should be absurd, because a state law — the FOIA — already states the case.
Enough was enough. We filed an FOIA request to see how many FOIA requests the county has received in the past five years. We want to see how much of your tax dollars are being spent — wasted — on attorney fees. We’re waiting for a response.
Meanwhile, Independent-Mail President and Publisher Butch Hughes and I met with Mr. Preston one day last week to talk about public records, among other things. We assured him there is nothing sinister behind our push. It’s no different than our open-government push last year to get the Anderson City Council to conduct its public business in public.
Mr. Preston contended that the county usually gives us what we ask for. We argued that we shouldn’t routinely have to go through the FOIA process. He said we now can go to Assistant Administrator Michael Cunningham with requests for public information.
Early this year, Seneca High School hired a football coach. We asked for the names of the finalists. The principal declined. We filed an FOIA request. The Oconee County school superintendent took offense. He said if we had just asked him, he would have given us the information. How refreshing!
That’s what we want in Anderson County. Spare us the FOIA requests. Spare taxpayers the legal fees.
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you tell em Donnie
Don,
You need to make the distinction between public records and personnel files. I am dissapointed that you would make the blanket assertion that all county files are somehow public files. If you are going to advocate a policy of "the hand of one is the hand of all," be prepaired for the results of "opening Pandora's Box" that you and others are advocating.
- SSHM
Don,
One more thought specific to the "Pandora's Box" warning:
What is stopping anyone from issuing FOI requests for judges, solicitors, school superintendents, or for that matter, any other public official that is paid for by the taxpayers?
How far will you let this journey of irresponsible journalism go before someone steps back and says this is foolish?
- SSHM
Thank you for supporting open public records, Mr. Kausler.
I agree that performance records of public employees should be open records. Sure, they can redact personal info like age, address, phone numbers, medical information, and social security number, but information related to the actual performance of their paid jobs should be public since they are paid with public money.
While we are looking at Joey, why don't we go the full length and look at all our council people. I wouldn't want any of them to be left out or feel like we were picking on just one. I would like to see the reviews and public records on each one of them.
Good article.
County Councilmen and Councilwomen do get a review. It's called an election.
Editor Don,
While you are out to lunch, please pick up a few things:
* College Intern (Journalism major)
* HP Thinkjet printer/copier
* Case of cheap, white photocopy paper
* Box of cheap, black ink cartridge
* Gallon of Milk
On your way back from lunch, drop these items off at the County Government offices so that they can use them to reproduce requested documents at no cost to the taxpaying citizens of Anderson County, and with little time taken from County Employees
....and the milk. It does a body good.
JK
There's no cost to the taxpayer. The newspaper is billed for the copies and for the county employee's time.
All good views and comments. I would have to say, that if it were me commenting the way some have, I would have facts to back me up. It sounds like people are quoting articles or paraphrasing. Could be harmeful.
I am not backing the County members at all. I think it is high time we the people have all the info we need without having to spend money to get it. Also, there does have to be an area of personal records that has to remain private to the public. Social security numbers and any account information that could be used to cause financial problems should be left alone. Everythng else should be there for us to get when we need it. These people are PUBLIC OFFICALS, this means they are always in front of the public with nothing to hide and should NEVER have anything to hide or be affraid of.
I agrre with one reader, we should get us a new bunch of people in the system and have a more clear understanding of what is right and wrong with our system. This is our County's future and proggress we are talking about, which means it is our future and progress.
Later
Editor Don,
Money is not the only cost to taxpayers. There is a cost in productive time lost when county employees must spend hours fulfilling FOIA requests from multiple sources, pertaining to the same documents. When someone like Councilwoman Wilson makes continuous and lengthy requests, the cost to employees is not only the loss of productive hours that might be otherwise applied to serving Anderson County citizens. There is a creeping cost of lost employee morale to those County employees who serve with a sense of public service.
All costs are not measured in terms of credit card charges or FOIA fees. Providing the County with a low cost intern to process documents and FOIA request would be a benefit.
....and the milk. It still does a body good.
JK
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