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Daytona News-Journal audit Compiled by Denise O'Toole Anonymous representatives of The News-Journal visited 16 government agencies in Volusia and Flagler counties between Feb. 13 and Feb. 16 as part of a statewide test of compliance with public records laws. The statewide test applied to school districts, county governments, sheriff’s offices and county seats. The News-Journal added city governments and police stations in some of the area’s larger cities for a wider view. A similar statewide audit was done in 2004, and The News-Journal performed a local audit last year. This year, school districts, municipalities and county governments were asked for e-mails between the top administrator and members of the elected body such as the school board or city council. Sheriff’s offices and police stations were asked for a record of calls and a copy of one resulting report.
PASSED
Daytona Beach Passed because staff didn’t violate any of the cardinal rules – requiring a name, reason on written form. Our requestor’s opinion of the city’s process for providing access to e-mail records: “Huge hassle, delays and ulimate failure.”
Daytona Beach Police After two straight failures, including last year’s flat-out refusal to provide a police report unless the requestor had a case number, police station staff easily passed. Says police spokesman Sgt. Al Tolley: “The training in records is working.”
DeLand (Volusia County seat) Says Michael Pleus, assistant city manager: “We have attempted over the last five years in particular to educate as many employees as possible about the importance of compliance with the public records law.” Also passed in 2005, 2004
DeLand Police The receptionist only took about five minutes to print out the call log. Failed in 2005, passed in 2004
Deltona After sticker shock from the $10 disk, our requestor went with the option of hard copies at 15 cents per page. Passed in 2005, 2004.
Flagler County Our requestor dealt directly with public information officer Carl Laundrie, a former News-Journal bureau chief, but she doesn’t think her cover was blown. Also passed in 2005, 2004
Flagler Sheriff’s Office Our requestor was asked for name and reason, but was assured the information was not necessary. The request was fulfilled with only names of juveniles redacted, in accordance with state law. Failed in 2005, passed in 2004
New Smyrna Beach Police Our requestor said of the records department secretary: “It appears she’s done this sort of thing before. Passed in 2005, not included in 2004 because of incomplete survey information.
Volusia County Schools Says district spokeswoman Nancy Wait, “We have all of our employees sign a document that says they understand the policy on e-mail and that those documents are public.” Passed in 2005, failed in 2004
Volusia County Sheriff’s Office Our requestor learned that Florida Statutes Section 316.066(3)(c) exempts from public records law crash reports less than 60 days old. Failed in 2005, passed in 2004
FAILED
Bunnell (Flagler County seat) Did not comply with the request for e-mail content. City Clerk Ronya Johnson said she did not hear the requestor make a request for e-mail content after getting a printout of the inbox screen. Failed in 2005, 2004
Bunnell Police Requestor was told he had to go to City Hall first to get written permission to get records. Police Chief Bill Davis said the daily logs are always available public inspection at the police station, but that all requests for written public records are handled through City Hall. Failed in 2005, passed in 2004
Flagler County Schools Receptionist would not help without a name and a reason. Lesley Anderson, adminstrative assistant to the superintendent, suspects the full-time receptionist was away from her desk and someone who was not fully trained was filling in. “Certainly I will be dealing with this issue,” she said. Passed in 2005, 2004.
New Smyrna Beach Required a written form, which called for a name, address, phone number and signature, and insisted request could not be filled without it. Frankie Roberts, secretary to the city manager, was not in office when the request was made. She was puzzled when told about the form, which the requestor retained a copy of, because, she said, her office does have such a form. She said she does not know where her substitute got it. Passed in 2005, not included in 2004 because of incomplete survey information.
Palm Coast Would not comply with the request without a name and reason. City Manager Dick Kelton expressed surprise and dismay because his “entire staff has directions” on compliance with public records laws. “There is absolutely no requirement that somebody provide a name,” he said.
Volusia County Our requestor reported the records worker insisted on a reason for the request in the course of trying to narrow it. County spokesman Dave Byron disputes that the questioning was the same as demanding a reason. He said narrowing the request was an attempt to protect the requestor. To fulfill the request would have required the information technology department to review 9,829 e-mails and charge the requestor $3,453 for staff time and copies, he said. Passed in 2005, failed in 2004. Reproduced courtesy of the Daytona Beach News-Journal |