FSNE - Sunshine Sunday

Commonly known as the Sunshine Law, the amendment passed more than a decade ago guarantees the public’s right to access meetings and records. Citizens have the power to attend government-related meetings and inspect documents made or received in the course of government business.

The most commonly requested records include arrest and crime reports, personnel records, court orders and salaries. There are more than 500 specific exemptions related to public documents, including medical, birth and adoption records, investigative and criminal intelligence documents and Social Security information.

Citizens can easily request information, as the law does not demand that the request be made in writing. Government officials are allotted a “reasonable” amount of time to review and produce the requested documents, and experts believe that time frame to be between 24 and 48 hours.

If officials contend the requested documents cannot be released, they must provide the statutory exemption.

The process, according to the law, should be easy. Many times it is not.

While lawmakers and government officials hold the keys to public access, experts say violators rarely are held accountable. According to the Florida Statutes, citizens can file a grievance and enter into a mediation program with the state attorney general.

Citizens also can file a civil suit, which is to take precedence over other pending cases during emergency hearings. The final step, one that advocates say is too light, is a criminal penalty. A public officer who knowingly violates the law is guilty of a first-degree misdemeanor and can be sent to prison for up to a year and ordered to pay a $1,000 fine.

University of Florida’s Brechner Center, a freedom of information and open government clearinghouse, has tracked public records prosecutions and found that government officials were taken to task six times in 2004 for violating open records laws. Former Senate President W.D. Childers became the first public official to serve jail time for violating the Sunshine Law and served 38 days of a 60-day sentence for speaking privately with a fellow Escambia County commissioner.

But prosecution and litigation are arduous steps for citizens. When rebuffed, most people “just throw up their hands in disgust,” said Charles Davis, executive director of the Freedom of Information Center at the University of Missouri’s School of Journalism. Their skepticism confirmed, people rarely stand up to violators, Davis said.

“Who has time to do that?” he said. “Who has the money for a lawyer? Who has the time to fight back?”

In the three years that Florida newspapers have recognized Sunshine Sunday, a statewide effort to shed light on open government laws, nearly 300 exemptions have been struck down in the Legislature.

Last year, state lawmakers created 13 new exemptions to the Sunshine Law. Florida’s First Amendment Foundation said legislators this year already have introduced 27 exemptions to open meeting and public records laws. And more could be on the way.

Two years ago, Florida voters again championed the Sunshine Law by passing a measure that requires new exemptions be ratified by a “supermajority,” or two-thirds of the Legislature. But every year, special interests and deep-pocketed lobbyists propose a slew of new exemptions, experts say.

“I think that’s a problem,” said Sandra Chance, executive director of the Brechner Center. “They get highly paid, very powerful lobbyists to convince the Legislature that it’s absolutely necessary to restrict the public’s right to know. That is an issue every year.”

Three media companies — including Florida Freedom Newspapers — are joining forces to fight a judicial effort to restrict the public’s right to view court records on the Internet.

It’s just one of many public records battles looming in 2005.

Media attorneys from Florida Freedom, The New York Times Co. and the Tribune Co. will file later this month a cooperative brief designed to sway the committee that will advise the Florida Supreme Court in regards to electronic records.

Citing concerns over privacy rights and the fear of identity theft, the Florida Supreme Court in 2003 banned court clerks from putting most court records on the Internet until a committee charged with looking into the issue could offer guidelines.

A decision by the Committee on Privacy and Court Records potentially could bar courts from releasing records on the Internet, a tradition that attorneys and advocates say has helped citizens better access and understand the judicial system.

According to John Bussian, an attorney who represents Florida Freedom, the committee is taking an unprecedented step and might make more difficult the public’s ability to monitor the courts.

“They would essentially throw a constitutionally-guaranteed right out the window,” Bussian said. “It’s out of a fear that if court records are made available online, the public gets to see too much. Mind you, these records can be viewed at any Florida courthouse. You can go down there and simply look at the file.”

On the legislative agenda this year:

• A bill proposed by Sen. Burt Sanders, R-Naples, would create a constitutional amendment limiting a right of access to adverse medical incident reports. This could place broad restrictions on surgical information and other data, including infection rates at public hospitals. A similar proposal was passed for nursing homes last year.

• A measure proposed by Rep. Charles Dean, R-Inverness, would allow for “administrative expunction of non-judicial arrest records of minors or adults who are mistakenly arrested.” The bill essentially would give police agencies wide discretion in deleting their own missteps, advocates say.

• Sen. Skip Campbell, D-Tamarac, is leading the charge to require the Department of Management Services to report all outsourcing contracts and subcontracts. Experts say this bill would force the department to take steps similar to other state agencies and continue the tradition of open government.

Public records battles also take place outside the political arena, and involve journalists, judges and attorneys. According to Adria Gonzalez, director of the First Amendment Foundation in Tallahassee, there are a handful of “hot topics” around the state.

In Sarasota and St. Petersburg, advocates are fighting to keep open public meetings. In Deltona, a state attorney has asked a judge to block the release of crime scene photos related to a fatal attack over a video game system. Volusia County State Attorney John Tanner claims the photos would unnecessarily hurt the victims’ families.

“Right now you certainly find areas where there are hot topics going on,” Gonzalez said. “It varies from place to place, but there are a lot of issues out there, and each one has become a focal point of open records and open meetings.”

BAY COUNTY

Sheriff’s Office

Requested documents: Incident reports from Feb. 14

Records released: Yes

Notes: A records custodian wrote down the dates that were requested and turned the reports over for re-view.

Full compliance: Yes

County offices

Requested documents: Personnel file for county manager

Records released: Yes

Notes: Maria Westfall, a human resources technician, gave the reporter a copy of the county’s official public records request. The first half of the request included spaces for name, address and telephone number. After the reporter asked if he had to fill in all of the information, Westfall said no. “Just this part,” she said, “about what file you want.” Westfall immediately retrieved the file and said: “All we ask is that you keep it in order.”

Full compliance: No — form required

School District

Requested documents: Personnel file for Rutherford High School football coach

Records released: No

Notes: The first request was rebuffed because the district employee in charge of records was out of the office due to a family emergency. An assistant offered the woman’s office line and said she would be back the following day. When the reporter returned, employee Pauline Morgan asked: “You are just a public person wanting to look at a file?” Morgan asked for the reporter’s name, copied his driver’s license and offered to have the documents ready the next business day.

Full compliance: No — asked for name/identification

Callaway City Hall

Requested documents: Personnel file for city manager

Records released: Yes

Notes: Julie Mobley, an administrative assistant, handed the reporter a public records form and said the city would have 48 hours, by statute, to comply. Mobley said the file would be ready in 48 hours, after officials redacted exempt information. She did not ask for a name or the reason behind the request.

Full compliance: No — form required

Cedar Grove Police Department

Requested documents: Incident reports from Feb. 14

Records released: No

Notes: A desk officer, who did not give his name, repeatedly asked why the reporter wanted to view the documents. The officer said that not all of the records would be public and the reporter could not “go through all our reports.”

Full compliance: No — records not released; asked for reason

Cedar Grove City Hall

Requested documents: Personnel file for city clerk

Records released: No

Notes: City Clerk Chris Hubbard asked why the reporter wanted to view the documents. Hubbard said he could not process the request that day, as it would have to go through the city attorney. He advised the reporter to come back at a later, unspecified date.

Full compliance: No — records not released; asked for reason

Lynn Haven Police Department

Requested documents: Incident reports from Feb. 14

Records released: No

Notes: An assistant asked for the reporter’s name, as did the assistant’s supervisor. The supervisor said the reports were not accessible because the department files them under separate categories. The supervisor instead produced an incident log and said the reporter could come back later and review individual reports.

Full compliance: No — records not released; asked for name

Lynn Haven City Hall

Requested documents: Personnel file for city manager

Records released: No

Notes: A supervisor, Charlene Messer, repeatedly asked the reporter’s name and the reason for the re-quest. When the reporter said that he did not know a reason was needed to view public records, Messer said: “Yes it is. It’s my job to protect my employees. I don’t just sling records to anybody who comes in and asks.” City Manager John Lynch later called The News Herald and asked an editor why the reporter was at City Hall requesting to see his personnel file. Lynch said a city employee recognized the reporter.

Full compliance: No — records not released; asked for name/reason

Mexico Beach Police Department

Requested documents: Incident reports from Feb. 7

Records released: No

Notes: Administrative assistant Lauri Li Metcalf said the police department generated only a single incident report from the requested date. That report, Metcalf said, resulted in an arrest and “until the case is dispositioned, because there is an arrest included, it’s what we call an ‘open case.’” Metcalf asked the reporter’s name and the reason for the request.

Full compliance: No — records not released; name requested; asked for name/reason

Mexico Beach City Hall

Requested documents: City manager’s personnel file

Records released: Yes

Notes: City Manager Henry Flack personally photocopied his own personnel file immediately after the request was made. Flack explained that certain information would be redacted, including Social Security numbers. Neither Flack nor the office staff asked a reporter’s name or the reason for the request.

Full compliance: Yes

Panama City Police Department

Requested documents: Incident reports from Feb. 14

Records released: Yes

Notes: Amy Craig, the department’s public records specialist, initially asked the reporter if he was from an agency. “Do you have any credentials?” Craig asked. “There’s no telling how long it will take to pull them.” Craig said the cost would be $9 per hour and told the reporter that “someone has to sit with you” while he reviewed the documents.

Full compliance: No — asked for affiliation/credentials

Panama City City Hall

Requested documents: Personnel file for city manager

Records released: Yes

Notes: It took no more than five minutes for officials to find the file, redact exempt information and turn over the documents to the reporter. Rodney Dobbins, a supervisor, did not ask for a reporter’s name or the reason behind the request.

Full compliance: Yes

Panama City Beach Police Department

Requested documents: Incident reports from Feb. 14

Records released: No

Notes: According to an administrative assistant, the department does not keep arrest logs and not all incident reports are public records. The woman, who did not give her name, told the reporter: “We can’t show you arrest (reports) because the cases are still open and haven’t gone to trial.” An officer working behind the counter also said that if the reporter knew “a specific case, maybe we can help you. If you don’t have specific information, we can’t help you.”

Full compliance: No — records not released

Panama City Beach City Hall

Requested documents: Personnel file for city manager

Records released: No

Notes: Gale Wright, an executive secretary at City Hall, said the reporter would have to mail in a written request to the City Council and mayor and that “there may be no personnel file.” Another city employee, who did not give his name, told the reporter that the city manager is not employed by the city and “serves at the pleasure of the residents.” Because there is no contract, the man said, “there may be no personnel file.”

Full compliance: No — records not released

Parker Police Department

Requested documents: Incident reports from Feb. 14

Records Released: Yes

Notes: Chief Charles Sweatt immediately opened a drawer and produced the documents. He did not ask for the reporter’s name or the reason behind the request. Sweatt also offered additional documents, including arrest records and traffic reports.

Full compliance: Yes

Parker City Hall

Requested documents: Personnel file for city clerk

Records Released: Yes

Notes: Deputy Clerk Lou Bradford asked that the request be made in writing. Bradford, who did not ask for the reporter’s name or address, said some information would have to be redacted before the documents could be released. Bradford took a reporter’s phone number and called several hours later, producing the redacted documents in her office.

Full compliance: Yes

Springfield Police Department

Requested documents: Incident reports from Feb. 14

Records released: No

Notes: An employee working at the front desk directed the reporter to Shirley Beaver, an administrative assistant. Beaver told the reporter that she “just can’t let you look into our system.” When the reporter asked if Beaver could compile the documents from the department computer system she declined. “I can only pull a report if I know what you are looking for.” Beaver repeatedly asked for the reporter’s name and did not release the records.

Full compliance: No — records not released; asked for name

Springfield City Hall

Requested documents: Personnel file for city manager

Records Released: Yes

Notes: The reporter immediately was directed to Trish Salvage, a secretary. Salvage asked the reporter’s name and left for a short time to speak with a supervisor. When she returned, Salvage said: “Can you just ask me questions about the file and I’ll tell you what’s in there.” The reporter made an appointment to return the following day, when he was allowed to review the file after again identifying himself.

Full compliance: No — asked for identification

CALHOUN COUNTY

Sheriff’s Office

Record requested: Incident reports from Feb. 14

Records released: Yes

Notes: Robin Clemmons, an administrative assistant, asked a reporter to join her at a computer and helped the reporter scroll through the requested incidents. Clemmons explained how the office records incidents and what specific parts of the report mean.

Full compliance: Yes

County offices

Record requested: Personnel file for county manager

Records released: N/A

Notes: A secretary said the county did not have a manager.

Full compliance: N/A

School District

Requested documents: Personnel file for Blountstown High School football coach

Records released: Yes

Notes: A clerk asked the reporter’s name and his affiliation and said only the superintendent or assistant superintendent could release the records. Assistant Superintendent Greg Jones explained that the file was a public record but officials would need time to redact certain information. The file was made available the following day.

Full compliance: No — asked for name/affiliation

Blountstown Police Department

Records requested: Incident reports from Feb. 14

Records released: No

Notes: A secretary initially questioned the reason for the request, telling the reporter that he may need a subpoena to access some of the information. When the reporter returned later to speak with a supervisor, Chief G.H. Kimbrel repeatedly asked why the reporter wanted the records, what his name was and where he worked. Kimbrel wrote down the reporter’s driver’s license information and, when pressed, the reporter said he worked for The News Herald. “We got a right to know why you want to look at our activities,” Kimbrel said. Later, Kimbrel called the reporter’s supervisor, who explained that incident reports were subject to review under the Public Records Law. “I know the law,” Kimbrel said. “I’ve got a whole book on it.”

Compliance: No — records not released; asked for name/reason

Blountstown City Hall

Requested documents: Personnel file for city manager

Records released: No

Notes: An administrative assistant said the city attorney had to be consulted so the assistant could “check what I’m allowed to release.” The reporter left and returned several hours later and was told the city attorney remained unavailable. The reporter was told to check back the next business day.

Full compliance: No — records not released

FRANKLIN COUNTY

Sheriff’s Office:

Requested documents: Incident reports from Feb. 7

Records released: No

Notes: An administrative assistant initially told the reporter that staff could not release all of the incident reports, as some were part of open, ongoing investigations. Lt. Ron Crum reiterated that sentiment to the reporter, claiming that some of the reports “don’t become public record until the case is closed.” Crum said he would release those reports that were not under investigation; he took the reporter’s phone number and an assistant called back more than 24 hours later.

Full compliance: No — records not released

County offices

Requested documents: County manager’s personnel file

Records released: No

Notes: An assistant asked the reporter to issue the request in writing, including a signature and name. The woman said she did not often deal with such requests and, after some initial haggling, offered to have the file ready sometime the following day.

Full compliance: No — records not released; asked for name

School District

Requested documents: Personnel file for Apalachicola High School basketball coach

Records released: Yes

Notes: An assistant immediately opened the file for the reporter. Neither the assistant nor a supervisor asked for identification or a reason behind the request.

Full compliance: Yes

Apalachicola Police Department

Requested documents: Incident reports from Feb. 7

Records released: No

Notes: Chief Anderson Williams said he could not reproduce a day’s worth of incident reports because the department did not have the computer capabilities. He did not ask a reporter’s name or the reason for the request.

Full compliance: No — records not released

Apalachicola City Hall

Requested documents: City manager’s personnel file

Records released: No

Notes: An assistant said the city’s policy is to not release personal information on public employees. She offered the reporter a printout that requires requests to be made in writing. The printout asks for a name, address, phone number and signature. The reporter filled out the sheet and left it at City Hall. Officials did not respond to the request.

Full compliance: No — records not released; asked for identification/personal information

GULF COUNTY

Sheriff’s Office

Requested documents: Incident reports from Feb. 7

Records released: No

Notes: In the records department, administrative assistant Mary Flack said many of the requested reports could not be made public because they were part of an ongoing investigation. Flack said that, in cases that resulted in an arrest, incident reports would not be available. She claimed that “until the case goes through court, it’s not a public record.” Flack also said that “an attorney can get one, but anybody can’t just walk in off the street and get it.”

Full compliance: No — records not released

County offices

Requested documents: County manager’s personnel file

Records released: No

Notes: Don Butler, the county’s chief administrator, said the personnel file would not be released to “just anybody.” Butler claimed there is a “public record process” that must first be completed before the record is opened. “No one can just come in and look at a personnel file,” he said. “Unless it’s their own. I can’t even do it.”

Full compliance: No — records not released

School District

Requested documents: High school football coach’s personnel file

Records released: No

Notes: A secretary in the personnel office turned to a supervisor, Sara Joe Wooten, for help in answering the reporter’s request. Wooten demanded to know two things: the reporter’s name and the reason for the request. “I’ve got to know the reason why before I can give it to you,” Wooten said. “We can’t have every John Doe walk in here and look at a personnel file.”

Full compliance: No — records not released; asked for name/reason

Port St. Joe Police Department

Requested documents: Incident reports from Feb. 7

Records released: Yes

Notes: The reporter had to visit the downtown department three times in order to obtain incident reports. Sgt. Russell Burch repeatedly asked for the reporter’s name and what he was specifically looking for. “Son,” Burch asked, “do you think your girlfriend filed a police report on you?” Burch said he was “surprised” by the request, but also noted that the documents are open for public inspection and provided them a short time later.

Full compliance: No — asked for name/reason

Port St. Joe City Hall

Requested documents: City manager’s personnel file

Records released: Yes

Notes: City Manager Pauline Pendarvis immediately complied with the request.

Full compliance: Yes

HOLMES COUNTY

Sheriff’s Office

Requested documents: Incident reports from Feb. 7

Records released: Yes

Notes: Two assistants — who first questioned the reason for the request — opened and released four re-ports shortly after the request was made. One of the assistants asked for the reporter’s name after releasing the documents.

Full compliance: No — asked for name/reason

County offices

Requested documents: Personnel file for clerk of courts

Records released: Yes

Notes: Clerk of Courts Cody Taylor had his staff immediately produce the file.

Full compliance: Yes

School District

Requested documents: Personnel file for Bethlehem High School basketball coach

Records released: Yes

Notes: A supervisor, Tom Hudson, was perplexed by the request and asked the reporter to sign a sheet indicating which file would be opened. The document was then released. “It’s just kind of strange,” Hudson said. “You know, with all the events going on worldwide.”

Full compliance: No — form/signature required

Bonifay Police Department

Requested documents: Incident reports from Feb. 7

Records released: Yes

Notes: Chief Ronnie Bennett came to the administrative office, found the requested reports and allowed a reporter to peruse them. Bennett did not ask for identification or a reason behind the request.

Full compliance: Yes

Bonifay City Hall

Requested documents: Personnel file for city clerk

Records released: Yes

Notes: An administrative assistant initially resisted the request but, after consulting with Clerk Jeri Gibson, released the documents. Gibson asked for the reporter’s name.

Full compliance: No — asked for name

JACKSON COUNTY

Sheriff’s Office

Requested documents: Incident reports from Feb. 7

Records released: No

Notes: Capt. Robbie Wester asked for the reporter’s name and the reason behind the request. Wester said the information could not immediately be released because many of the reports were under investigation. Wester said reports that were part of ongoing investigations could not be made public. Wester offered to call the reporter when those reports that were not part of an investigation could be located.

Full compliance: No — records not released; asked for name/reason

County offices

Requested documents: Personnel file for county manager

Records released: Yes

Notes: Human Resources Director Lennetta Loman-Greene immediately turned over the file. She did not ask for the reporter’s identification or a reason behind the request

Full compliance: Yes

School District

Requested documents: Personnel file for Marianna High School football coach

Records released: Yes

Notes: Deputy Superintendent Larry Moore asked for the request to be made in writing. He then released the documents but asked to see the reporter’s driver’s license to verify his identity. When the reporter asked if the Public Records Law required identification, Moore said: “You know, I don’t really know.”

Full compliance: No — asked for identification/written request required

Marianna Police Department

Requested documents: Incident reports from Feb. 7

Records released: No

Notes: A desk officer refused to give her name, although she asked a reporter to identify himself and his affiliation. The officer said “people can’t just walk in here and see our reports.”

Full compliance: No — records not released; asked for name.

Marianna City Hall

Requested documents: Personnel file for city manager

Records released: Yes

Notes: City Manager Donald Harris immediately turned over the documents and did not ask questions of the reporter. “It’s a public record,” Harris said. “You can look at it all day if you want to.”

Full compliance: Yes

WASHINGTON COUNTY

Sheriff’s Office

Requested documents: Incident reports from Feb. 7

Records released: No

Notes: Neither an administrative assistant nor a man working in the office would give their names or al-low the reporter to speak with a supervisor. The man told the reporter that records would only be opened by court order. “You want to see our reports,” the man said, “go get a subpoena. Have a nice day.”

Full compliance: No — records not released

County offices

Requested documents: Personnel file for county manager

Records released: Yes

Notes: Jennifer Cook, a supervisor in the county’s finance office, released portions of the requested documents and read a section of an application so as not to release Social Security numbers. After opening the file, Cook asked to see the reporter’s driver’s license to verify his identity.

Full compliance: No — asked for identification

School District

Requested documents: Personnel file for Chipley High School basketball coach

Records released: Yes

Notes: The file was released, but only after a reporter was required to fill out a standardized form that included a phone number. The form, an administrative assistant said, is later turned over to the district employee whose file was examined. That employee later called the reporter and asked why his file was reviewed.

Full compliance: No — asked for identification; form required

Chipley Police Department

Requested documents: Incident reports from Feb. 7

Records released: Yes

Notes: An assistant in the administrative office immediately released two reports. The assistant did not ask for the reporter’s identification or the reason behind the request.

Full compliance: Yes

Chipley City Hall

Requested documents: Personnel file for city manager

Records released: No

Notes: An assistant said she could not release the documents and asked the reporter to return later and speak with the city clerk. A phone message left later in the day was not returned.

Full compliance: No — records not released

Pullquote

“I've got to know a reason why before I can give it to you. We can’t have every John Doe walk in here and look at a personnel file.”

… Sara Joe Wooten, Gulf County School District employee

Sunshine Law Summary

In 1992, Florida voters overwhelming passed a constitutional amendment guaranteeing the public’s right to access meetings and records. Commonly known as the Sunshine Law, citizens have a right to attend government-related meetings and inspect documents made or received in the course of government business.

The most commonly requested records include: arrest and crime reports; personnel records of government employees; e-mail messages between public officials; court orders and judgments; salary and budget information; and 9-1-1 tape recordings.

There are more than 500 specific exemptions related to public documents. The most common are: medical, birth and adoption records; investigative and criminal intelligence records; autopsy photographs; Social Security information; law enforcement records identifying sexual abuse victims or confidential informants.

What We Did

In order to gauge the ease with which records are released in the Panhandle, News Herald reporters visited nearly 50 agencies during a two-week, seven-county audit. The reporters, who did not identify themselves as such, tested county offices, school districts, sheriff’s offices, police departments and city halls in the following counties: Bay, Gulf, Franklin, Calhoun, Jackson, Washington and Holmes.

At each agency, reporters asked for common public records. At county offices, school districts and city halls, reporters requested personnel files. At sheriff’s offices and police departments, reporters tried to obtain a day’s worth of incident reports.

County compliance rates

Bay

• 28 percent

Calhoun

• 25 percent

Franklin

• 20 percent

Gulf

• 20 percent

Holmes

• 40 percent

Jackson

• 40 percent

Agency summaries

Law Enforcement

• 20 agencies audited

• 12 refusals, 3 violations

• Compliance: Parker PD/Calhoun SO/Bonifay PD/Chipley PD/Bay County SO

School Districts

• 7 agencies audited

• 1 refusals, 5 violations

• Compliance: Franklin County

County Government

• 6 agencies audited

• 2 refusals, 2 violations

• Compliance: Holmes County, Jackson County

Municipal Government

• 14 agencies audited

• 6 refusals, 3 violations

• Compliance: Panama City, Parker, Port St. Joe, Marianna, Mexico Beach