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Public records sought
Published May 10, 2008
GUNTERSVILLE — Marshall County Commissioner Bill Stricklend said, “I want to get through this thing; we’ve got storms coming.”
He was talking about the inclement weather, but he could have been referring to the climate at the commission work session Thursday.
An Albertville woman clashed with county officials over access to public records during the contentious meeting, at one point saying, “Lead me to a filing cabinet.”
Kathy Barnes submitted a five-page request for various county records May 1. After consulting with the county attorney, Commission Chairman Douglas D. Fleming responded with a letter Monday, saying her reason for requesting the records was “insufficient.”
Citing legal precedent, state law and state attorney general opinions, Fleming’s letter said “the person demanding access to these records must have a direct, tangible interest in the matters ... and it must be sought for some specific and legitimate purpose.
“It has been determined that we need clarification on certain items and time periods. Without this clarification, the Marshall County Commission cannot estimate a reasonable fee for making copies of the records and reasonable costs incurred in providing the documents, including staff research, preparation and time.”
Barnes told Fleming, “I want to know what you’re trying to hide.”
Fleming said he was only trying to determine exactly what she wanted.
CPR involved
Barnes’ request included nine items aimed at the county junk ordinance, like copies of citations issued and payroll records for enforcement officers.
Marshall County Citizens for Property Rights leader Derek Greer expressed his concern about some of the commissioners’ comments that the group is printing untruths. He told them to prove it or stop saying the organization is lying.
Stricklend said a newspaper advertisement placed by CPR lied when it said the county cleaned up the property of Moss Dalrymple, who reportedly died last year a day after an encounter with ordinance officers.
Depending on who you ask, the ordinance officer was either asking Dalrymple to participate in mandatory garbage pickup or being cited for a junk ordinance violation. County officials claim no citation was ever issued, but CPR has publicly expressed doubt about that version of the story.
Greer agreed to retract CPR’s allegation about the county cleaning up the property, saying the group received misinformation.
County officials said the fate of the property remains in the probate court system, and they have nothing to do with it now.
Stricklend said after the meeting, “What they’ve got is a political agenda, and they’re just reaching for something.”
Commissioners Buddy Allen and R.E. Martin agreed.
“It is political,” Allen said. “There’s an old saying in politics: ‘If the perception is out there that you’ve done something wrong, you might as well have done it.’ That’s exactly what this group is trying do. They stop short of making accusations, but they’re trying to plant the perception the commissioners are doing something wrong when we’re not.”
Added Martin: “I don’t know what they’re trying to prove. The way it looked to me is they’re just trying to make the commissioners look bad. That’s all I can see.”
Barnes’ requests
Barnes said the reason for her requests related to government fraud, waste and abuse as well as misuse and mismanagement of public funds.
Besides the junk ordinance documents, Barnes also requested bid information for commissioner vehicles, contracts for commission copy machine service and records regarding a $1,000 anonymous donation to the Forest Service. Fleming explained the donation was given by a private citizen so a Forest Service employee could add extra equipment to his vehicle.
Barnes also produced a printout of information detailing checks the county has written for various reasons. She said the list was two months’ worth of claims, which she obtained from the office after a commission meeting last year.
“I just wanted to see what kind of money was being spent,” said Barnes, adding she saw several “odd payments.”
One example, Barnes noted, was about $2,000 worth of claims for bottled water in the two-month period. County officials declined to address any of the payments because they didn’t know exactly the time frame and where the Barnes printout originated.
In the meeting, Fleming focused on Barnes’ five-page request.
Much of the discussion revolved around the conversation between Barnes and Fleming on May 1 when she formally asked for the information in writing.
“I arrived at 10:55 a.m. on Thursday morning, completed the information request — rewriting by hand all the items I had already typed and had handed to them on Tuesday,” Barnes explained in an e-mail. “After barely giving it a glance over, (Fleming) shoved a piece of paper in my face that he claimed was an attorney general’s ruling that said I couldn’t disrupt government operations. He would not let me take it from his hand to read it, but as I looked over it, it was a ruling concerning individuals filing civil suits against government officials, which I knew is prohibited by the Alabama constitution.
“I gave him two attorney general rulings that said I was entitled to everything except adoption records and library circulation records. … I insisted I was entitled to see the records and Commission Chairman Fleming refused to give them to me, stating he would have to check with the county attorney first.”
Page by page
Fleming, the four commissioners, County Administrator Nancy Wilson and Barnes clarified the requests Thursday, checking each one, page by page, to determine the specific demands.
Fleming said he would try to furnish Barnes most of the items in the next “day or so.” He planned to consult the county attorney on the payroll records request.
Wilson said the county is just being cautious, particularly on requests involving personnel records, pending litigation and ongoing investigations.
“We understand the public’s right to review the records, and we believe in that right,” said Wilson. “We are going to get Ms. Barnes what she wants, but we have to also be aware that there are some things that are not for public access. In order to protect the rights of the rest of the public, we have to be sure it’s OK.
“We just need to be sure everything she’s asked for, we can give and that we’re in compliance with the law. If it’s something we can give to the public, she will be provided an opportunity to look at it and have copies, if she’d like.”
Barnes said she’s “encouraged” by the meeting but clearly has her sights set on the junk ordinance. She said enforcement of the ordinance is questionable, and low-income residents are affected most.
“Several of us have been accused of mistruths and inaccuracies, and if we have the records we will be more able to determine what is accurate,” said Barnes. “A lot of people have said the junk ordinance has been enforced in ways we don’t understand.”
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