Published: March 21, 2008 11:14 am      

Open Records Audit results

School systems, law enforcement, city clerks among those audited

By Lisa Aliperti For the Times-Tribune

Jane Q. Public. That became the new identity of my sister and myself on our open records audit of various public agencies in the Tri-County.

The Open Records Act gives the public access to most records maintained by state, local and national government agencies. This includes school boards, city and county governments, law enforcement, and even bodies that receive at least 25 percent of their funds from a government authority, or where the majority of its governing body is appointed by a public agency.

In honor of Sunshine Week — a week celebrated by nation-wide media to “shine light” on the workings of government — the Times-Tribune once again conducted an “open records audit” of various, random documents from government agencies to see how willing they were to hand them over to John (or in this case Jane) Q. Public.

Sometimes — as last year’s audit found — agencies are willing to grant a request for records from a familiar reporter, but will deny the same request from a stranger, when both should be granted.

This year, agencies were overall, pretty cooperative.

We asked for the arrest log from the past 48 hours at city police departments and/or sheriff’s offices, a list of building permits issued from the month of January from the city clerks of Corbin, Barbourville, Williamsburg and London, the latest restaurant inspection of the local KFC from the county health departments’ environmental offices, and the current payroll records that included the annual salary of the high school head boys’ basketball coach at local Board of Education offices.

Government agencies are supposed to supply the information without needing to know why you requested it. They have three business days to respond.

Whitley, W’burg only districts to completely comply

Having been involved in public schools for 11 years, I am fairly knowledgeable about open records in the school system. However, I wanted to make certain that asking for salary information was allowable under the open records law.

The Kentucky open records law clearly states “Examples of information that does not, in general, constitute a clearly unwarranted invasion of personal privacy: Name, position, work station, and salary of public employees.” (KRS 61.878 (1) (d) (i)

We went to the various schools’ board offices and asked specifically for the current payroll records including the annual salary of each of the high school boys’ basketball head coaches. We also gave them the names of the specific coaches to avoid any confusion.

Laurel, Knox and Whitley county school administrators all required a records request form be filled out prior to release of information.

Both my sister and I found this assignment enlightening. Overall, we found that our public officials are generally polite and respectful, most are helpful, and some are knowledgeable about the open records law. It is our hope that with the awareness this article brings to the public and to officials, next year’s audit will produce even more favorable results.

KNOX COUNTY

At Knox County, I made my request, was handed a form, and the receptionist informed me that they had three days to respond. I received a response letter in three days. Included with the letter was a generic salary schedule noting only the extra pay each coach or sponsor was paid. However, the specific salary of the head boys’ basketball coach was not included. We were not given the record we requested.

WHITLEY COUNTY

Whitley County administrators are also aware of the open records law. I was sent upstairs to the finance director. She gave me the extra service pay schedule as well as a salary schedule for certified personnel. When she asked if this was what I was looking for, I told her that I specifically needed the annual salary of the head coach and gave his name.

She then said I would need to fill out a record request form but that the lady who had the forms was out at lunch. Could I come back in maybe 15 minutes? I agreed to that and mentioned that I needed to find some lunch myself. She enthusiastically recommended Milly’s, known for their soup and sandwiches. So I ate at Milly’s and she was right. My sandwich was terrific. (But that’s another story.) When I returned to the office, my form was waiting at the front desk. I filled it out and was told that I could expect to hear something in three days. The very next day I received a telephone call from them acknowledging their receipt of my form and a promise of a letter to follow. The officials at Whitley County were everything I could hope for in school administration. They were polite, friendly, helpful, and thoroughly professional. Within the three days, I received the promised letter, which contained the exact information I was seeking — the annual salary of the coach. This was only one of two districts that provided what we were seeking.

LAUREL COUNTY

At Laurel County, my sister was deterred by a bomb threat. She opted to return later rather than wait. When she did return later on Tuesday, March 4, she made her request to the official in the payroll/finance department who said, “I can’t give you that. It’s private.”

“No, I’m pretty sure it’s open public record,” my sister replied.

The lady in payroll demanded to know my sister’s identity and the reason she wanted the information.

My sister replied with the standard “do you need to know who I am in order to help me?”

The lady said she wasn’t sure and left the room and returned with her supervisor, the head of finance and the head of human resources. She was told she would have to write a request for the information and they had three days to provide it. She was given a blank piece of copy paper on which she wrote her specific request of the annual salaries of the head boys’ basketball coaches at both county high schools. The HR official instructed her to write “For Open Records Act” on the top of the page, which she did. She was informed that the letter would first be sent to the school attorney and then they would let her know.

“Does he (the attorney) have the right to refuse my request?” my sister asked.

The head of finance replied, “No one is refusing you anything. It’s our policy.”

On Thursday, March 6, my sister received a letter from the Laurel County Public Schools superintendent. The letter contained the extra service pay amount for the coaches. The annual salary of both coaches was not specified. Again, we were not given the record we requested.

WILLIAMSBURG

At Williamsburg Independent Schools’ administration offices, I was referred to the director of finances. When I stated my request, the official seemed confused. I clarified by stating that I wanted to know the annual salary of the boys’ basketball coach and stated the coach’s name specifically. He excused himself and came back with the superintendent, who told me he had called the school’s attorney and was advised to not give me any information.

When I stated that salaries were open records, I was told to feel free to call their attorney, and then that I would have to write a letter and request the information. My letter would first be sent to the attorney and then I might be informed only of the extra pay the coach was getting. I asked about the records request form and even offered to get one from Whitley County, but they refused. It had to be a letter. While I was treated with the utmost respect, I felt they were in the dark as to the open records law. I thanked them and left.

On Wednesday I mailed the official record request letter to Williamsburg Independent Schools’ superintendent. Within a week I received a letter from their attorney with the annual salary of the head boys’ basketball coach attached.

CORBIN

Corbin Independent School officials also seemed confused by my request.

I was told by the receptionist at the front desk “we’ll need to send him the (coach) a letter asking for his permission to give you that.”

When I replied that I believed it to be an open record, she referred me to a finance official. I was given a general teaching salary schedule and a stipend schedule but nothing with the boys’ basketball head coach’s name or salary information. I was not given a records request form or asked to write a letter. My request was denied.

If given an examination about the open records law, I’m not sure all of our schools’ administrations would pass the test. We were specific in our request, even providing the coaches’ names, but in many cases we were given generic information in return.

Area city clerk’s offices pass audit with flying colors

The city clerk’s offices were by far the easiest offices to deal with, and each provided the building permit list on the spot. Neither my sister nor myself was asked for our identity. One lady casually asked why I wanted the report. When I asked her if she needed to know that in order to help me, she replied “no” and produced the information. Across the board, we found the city clerk employees to be polite, efficient, and helpful. They made sure we had exactly what we asked for before we left. In each case, we were there less than five minutes.

Kudos to the city clerks in Corbin, London, Barbourville and Williamsburg

Not many request Health Department records

Getting inspection reports for area KFC restaurants proved to be a little time consuming. My sister was unable to get the reports for either of the two KFCs in Laurel County when she went by the health department on Tuesday, March 4. She was told only the food service inspector had the reports and he would not be in the office until the next morning. I visited the Laurel County Health Department at a later date and was given both reports. I was treated with respect and everyone in the office was friendly.

My experience getting the KFC inspection reports from Knox and Whitley Counties was just plain fun. I went to the Knox County Health Department on Monday, March 3 only to be told that I would have to return in the morning as the inspectors were in the field. This was after the health department employee attempted to get the document I requested, but she did not have access to the records. The health department employees were polite and as helpful as they could be.

I returned to the office early Tuesday morning and asked for Rick or Richard (both of whom work there) and the latest inspection report for Barbourville’s KFC. Immediately, I was asked if I had a complaint about the restaurant. I answered no.

I was then asked if there was something wrong.

“Not that I’m aware of,” I replied.

I could see both inspectors grow more confused. They could not figure out why I would want that report if nothing was wrong, and I wasn’t going to blow my cover and tell them.

Rick said I would need to fill out a form, but he didn’t have one readily available. He said mine was only the third public information request in his 20 years of service.

He called Frankfort and asked them to fax a copy of the records request form. While waiting for the fax, I was grilled as to why I wanted the report. I told them only that I was a freelance writer and photographer working on a story, but didn’t say what the story was about.

Finally, the fax came, I filled out the form, and was handed the KFC inspection report. I was also given a second records request form to take with me in case I was going to Whitley County “since they probably won’t have it either,” according to Rick. Even though this visit took nearly an hour, I was treated with respect, despite my stubborn refusal to spill the beans about my mission. I wasn’t made to feel uncomfortable at all. In fact, I learned a great deal about the inspection business and learned a few good jokes in my time there. The Knox County Health Department’s Environmental Office was passing their FOI audit and didn’t even know it.

I then went to the Whitley County Health Department’s Environmental Office. Upon entering and stating my request for the local KFC inspection report, I was immediately handed the record request form.

“Did Knox County call you?” I asked.

“Yep.”

I had to laugh. Turns out Knox County and Whitley County have the same supervisor in the food service inspection department and Whitley County was alerted to my imminent arrival. I guess it’s good the two offices share information, but I somehow feel I was cheated out of another interesting experience. I was given the KFC report after returning the completed record request form.

Thumbs up to all the food service inspectors. Keep those records request forms handy though — you never know when a curious citizen might show up seeking information.

Corbin, Laurel, B’ville law enforcement prove challenging

Our visits to law enforcement offices were a mixed bag. When I asked for the list of arrests in the past 48 hours at the Barbourville Police Department, I was not given access to the information right away and I was asked why I wanted it.

I replied with my standard answer “do you need that information in order to help me?”

The atmosphere went from friendly and polite, to suspicious and businesslike. I was told to go to the dispatch window at the front of the building. I went there and presented my request again. The official stated I could not get a copy or see the arrest log.

After I responded that I thought arrests were open records, the official excused himself and spoke with an unknown entity, but within my hearing.

He told the unknown official, “when I asked her why she wanted the information she basically said it’s none of our business.”

He also mentioned open records and I heard the other official say “…open records. We’ve been down that road before. Tell her she needs to produce an ID.”

I did not hear the reply, but when the first official returned he did not ask me for an ID. He did agree to read the arrest list to me as they do for newspaper reporters. The log contained two arrests in 48 hours.

At the Knox County Sheriff’s office, the counter clerk told me the arrest records were not kept at that office. She asked me to follow her upstairs to the district court clerk. There, the clerk told me that I would need to go to the jail and ask for the arrest log after arraignments were finished at around 3 p.m. He gave me another official’s name and a phone number for the jail. Once again I was able to get a list read to me as the news reporters get it — over the phone. Everyone involved with the Knox County Sheriff’s office audit was very polite and friendly. Each did his or her best to help me get the information I requested.

Williamsburg Police and the Whitley County Sheriff’s Department referred me to the jail official who also was willing to give me the information verbally over the telephone, no questions asked.

At the Corbin Police Department, when asked for the arrest log on Monday, March 5 the faceless official said over the intercom “we don’t have any” and told my sister no one had been arrested in the past 48 hours.

This was unusual — because when the Times-Tribune newsroom called (as it does nearly daily) for the arrests, they were told of arrests that had occurred in the past 48 hours.

So, for Jane Q. Public, request denied.

Trying to obtain the Laurel County Sheriff’s arrest log was an exercise in frustration. At the sheriff’s office, my sister was told arrest lists could not be provided to the public.

“You can’t or you won’t?” she asked the official.

The woman then said, “I don’t really understand why you need this!” and was clearly getting angry.

She sent my sister to the district court clerk’s office for the arrest log — but that’s not something actually kept in that office. She was next sent to the jail. There, the friendly official at the desk asked if she wanted arrests only or arrests and releases.

“Just arrests,” she replied.

In just two minutes, my sister was ready to leave, arrest records in hand. Overall, she was treated with courtesy, even by those at the jail awaiting arraignment.