FSNE - Sunshine Sunday

As part of a statewide campaign to educate citizens about the state’s Sunshine and public records laws, the Chronicle asked a copy desk intern to seek public records from five local agencies. The idea was to see how agencies dealt with a public records request from an average citizen.

The Sheriff’s Office passed with flying colors. The county commission did not. Crystal River City Hall did not fare much better. Inverness City Hall made a technical error, but it was understandable, City Clerk Debbie Davis said.

County Attorney Robert “Butch” Battista said the county must do a better job of making sure employees know the public record rules.

“Normally we hold a Sunshine, records and ethics course where the target audience is supervisors and above,” he said Friday. “The hope there is they go back and talk to the folks who work for them, so they will know what the appropriate responses are. I think the next series of these need to be done as mandatory training for all employees.”

Chronicle copy desk intern Jonathan Deutschman sought public records from five local agencies, including the school district.

• • •

At the county level, Deutschman asked for all written correspondence between Commissioner Gary Bartell and his constituents during the week of Feb. 20-26, dates picked at random. A secretary asked him to identify himself, asked why he wanted the documents, then told him to submit a formal written request to County Administrator Richard Wesch.

The state’s public records law does not require someone to identify himself, offer a reason for the request, or put it in writing.

“They were the three cardinal sins,” Battista said.

Bartell, who had no role in the county’s response, said he thought the Chronicle’s project was unfair because Deutschman didn’t call him directly.

“I’ve got a track record of openness,” he said. “When citizens have a problem with a staff person, I get calls at home all the time. That’s when I intervene in issues.”

Deutschman is the son of Citrus County School Board Chairwoman Pat Deutschman. When he called the school district offices to ask to review personnel files, Jonathan said he twice was connected to the personnel office and no one answered the phone. A third time, he was disconnected and was unable to request the records.

Pat Deutschman said her son told her of his assignment, but she made no contact at the district office about it.

While none of the agencies contacted refused the young man’s requests for records outright, two — the county and city of Crystal River — appeared to contradict state law with their responses.

• • •

At Crystal River, Deutschman asked for the personnel files of the city’s five previous city managers, including Susan Boyer. Deutschman said someone at city hall told him the personnel director was unavailable for three days and she was the only person who could handle his request.

According to state law, a request goes to the “custodian” of the public record, who is the person who oversees the records. In Crystal River, that would be the city manager’s office.

Councilman Jim Farley, who has argued the city should make public records more accessible, said he was disappointed to hear the newspaper’s findings.

“Oh, man. This is what I’ve been talking about,” he said. “It’s a real problem. I had hoped things had gotten better, but I guess it hasn’t.”

Farley said when he served as police chief, any public document was freely and quickly given to citizens who requested them.

The best response came from the Sheriff’s Office. Deutschman called on a Thursday to ask to review Sheriff Jeff Dawsy’s personnel file. An employee patched him into personnel director Bonnie White, who offered to have the file available by the following Monday, Deutschman said.

Sheriff’s spokeswoman Gail Tierney said the office tries to accommodate citizens who seek records and reports.

“The sheriff’s office is very aware of Florida’s public records law and makes every effort to comply with those laws … in a timely manner,” she said.

She said the office rarely asks anyone to present the request in writing, mainly because the law doesn’t require it. Sometimes, she said, a written request helps to clarify exactly what the person wants.

That’s what happened in Inverness. Deutschman asked to see correspondence between the city and county citizens regarding the new city hall. City Clerk Debbie Davis asked him to clarify the request, then she asked him to send it in writing.

Davis said Friday she did that only because she was confused by Deutschman’s request.

“He wasn’t clear. He wasn’t specific,” she said. “He wanted to see all the files and everything involved in the city hall project. That’s why I told him he needed to be more specific.”

Davis said she knows that written requests are not required, but she wondered how an agency can comply if it isn’t clear on the information requested.

• • •

Battista said even in such cases as in Inverness, he would avoid asking for someone to give the request in writing.

“I wouldn’t want to push that,” he said.

He said he supports the state’s public records law, and all county workers should know how it works.

“I really push for open, honest government and access to the people,” he said. “I totally agree with the rationale and philosophy of the law.”

He added: “It’s our job as public servants. It’s understood that every public employee, that’s part of your job description, whether it’s in there or not.”

The Chronicle asked intern copy editor Jonathan Deutschman to seek public records from five Citrus County governments. He was instructed to keep track of when he called and the response he received. He also was instructed not to give his name or why he was seeking the documents. Here are the results:

What: City of Inverness

Requested: Correspondence between the city and citizens about the new City Hall project.

What happened: City Clerk Debbie Davis asked Jonathan to be more specific and put the request in writing. She then said there was no correspondence, other than what had been in the newspaper. Davis said Friday she was confused about what Jonathan wanted.

The statute says: Requests for records do not have to be in writing, even if the request is confusing.

What: City of Crystal River

Requested: Personnel files of the past five city managers, including outgoing manager Susan Boyer.

What happened: Someone told Jonathan that the person who oversaw personnel was out for a few days and she was the only one he could speak with.

Statute says: The “custodian” of the public record is the elected or appointed person charged with maintaining the office of public records, or her designee. In this case, the employee should have referred Jonathan to the city manager’s office.

What: Citrus County School Board

Requested: Personnel files of the three high school principals

What happened: Jonathan called three times and was switched to personnel. Twice no one answered; once someone answered, but the call was soon disconnected. He never had a chance to make the request.

Statute says: Doesn’t cover this instance.

What: Citrus County Sheriff’s Office

Requested: Personnel file for Sheriff Jeff Dawsy

What happened: Jonathan called Thursday, March 3, and asked for personnel. A worker transferred him to Bonnie White, the personnel director. She told Jonathan he could see the file next Monday, but he misinterpreted that to mean the following Monday, March 14. The file actually was ready for inspection on March 7, within two working days.

Statute says: The government must provide records within a “reasonable” time, but it doesn’t say what that time span is. Comparing this case to previous Chronicle public records requests, the Sheriff’s Office complied well within a reasonable time.

What: Citrus County Commission

Requested: All written correspondence, including e-mails, between Commissioner Gary Bartell and his constituents during the week of Feb. 20-26 (the week was picked at random).

What happened: Jonathan was routed to a secretary for commissioners. She asked his name and why he wanted to see the information. He refused, and the woman told Jonathan he needed to put in a formal written request to County Administrator Richard Wesch.

Statute says: Anyone seeking a public record does not have to give his name, or say why he wants the record. He also doesn’t have to put the request in writing.

Reproduced courtesy of the Citrus County Chronicle.