Public Records.......Compliance Ain't No Joke

At least one Escambia County elected official went to jail for not handing over public records in a timely fashion....The public records law is no joke. 

A speaker at today's meeting dropped a bombshell at the dais.....about public records and compliance with Florida's strict Public Records Law.  The accusation was made that a member of the Escambia BCC has not replied to a records request that has been made, multiple times over, for 5 months running.

This law is no joke and I don't even waste a second of time in complying.  This conversation got my attention quick!

Since I have been on this board of commissioners, I have fulfilled numerous public records requests--including one that ended up taking a box to hold all the emails that were requested, which I put together and delivered within 1 month.

But most of the requests I have fulfilled have come via email or via a phone call request directly to me.  And I send them out immediately if I can do it myself or I have my aide, Debbie Kenney, assist and we get these out quick.

Because to delay is to frustrate the spirit and the intent of chapter 119.  And that can be very problematic.

When I first stepped into public office on the School Board of Escambia County 13 years ago in 2006---some of the very first trainings I received as a new board member were on public records and open meeting laws.  I took it very seriously because I also was told numerous times about a previous Escambia school board member that actually was convicted of violating the public records law and spent time in the county jail for this infraction.  The case was appealed and it went back and forth but meanwhile, this Escambia County elected official was removed from office by the governor and she was sentenced to 30 days in the county jail--where she ultimately served 7 days.

Everyone who is interested in this topic now, at this moment, should read the appeal of the Escambia School Board Member's case which gives lots of background on the way this whole thing transpired......

And the kicker was--this school board member at least made the effort to try and produce the 

Public Records Law: It's no Joke--Just ask Martin County.....

There are often huge monetary costs  associated with failure to comply with Florida's Open Record's Law.  Martin County just had to pay $371,800.00 in legal fees to partially settle a violation of the open records law...

People can be flip about requests.  Private citizens, in most instances, don't have to produce documents or anything else upon request by another private citizen unless there is a court order or a subpoena.

But public officials do not have the luxury of saying no.  Furthermore, they do not have the option of specifying arbitrary procedures after a request is made of them.  Heck, my understanding of the Florida public records law leads me to believe that a public official has to respond to a request to produce a document even if the request is made verbally.  If the request is made in writing and is not honored--there will be problems....

If a request is made of a public official and not fulfilled, there are penalties that can be enforced, to include monetary penalties and/or jail in some cases (look at the case of former Escambia County School Board Member Vanette Webb)

So I take any request made of me with deadly seriousness;  as a school board member I had to respond to many, many requests.  I filled them all, each and every one of them, as quickly and as thoroughly as humanly possible.  Thus far as a county commissioner I have responded to three records requests, and I complied quickly and thoroughly to each one.

Others locally are not as forthcoming and actually say no, or try to put conditions on how they will accept and when they will accept requests for information, or from whom they will accept requests...  They do so at their own peril, is all I will say....

Because I understand the law even though some that should, apparently do not understand the law