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Ft. Myers News-Press Public records available to those who file requests BY RYAN LENGERICH There’s good news for Lee County’s watchdogs. Local governments are consistent when fulfilling and charging for public records requests made by the media, compared to residents. A test conducted by The News-Press shows local bureaucracies generally give journalists and citizens the same treatment. In some cases, document gatekeepers provided information without cost. Seven News-Press reporters submitted records requests with local and state organizations. Weeks later, The News-Press asked its citizen Team Watchdog members to make the same request. The News-Press then compared the treatments. The News-Press did not inform government officials about the analysis. Here is what was discovered:
“Normally I would have to charge him 10 cents a copy, but because I forgot to give it to him for a month, I didn’t charge him,” said Barb Kerby, FGUA community service representative. When the citizen representative made the same request, Kerby pointed to the organization’s Web site where anyone can view or print information. “That’s why we try to make our stuff readily available on the Internet, so we can point you to it,” Kerby said. Kerby informed the reporter about the Web site, but instead of searching it, the reporter asked the agency to compile the information.
The remaining information was transferred to compact disc for $10. The 24 hours it took a clerk to compile the information, at the clerks’s $15.32 per hour wage, added $367 to the total. According to district officials, if records are in hard copy format they are copied that way. E-mails are put onto disk. When a local resident made the same request, he received a nearly identical cost estimate. The district’s public records officer Donna Kramer said often the cost to find the information is waived if the request is identical to one just completed. “The nature of the requests that come in, sometimes we get similar requests,” Kramer said. “It’s not real common that that happens. “All of our requests are so unique and different from each other.” The district does not make copies of all public record requests. So, if a request is fulfilled and an identical request comes in weeks later, it must charge the person for the work to pull the files.
The News-Press’ county government reporter requested travel logs for the five commissioners for the 2007 calendar year. The county fulfilled the request in about a week, allowing the reporter to view the files and convert them to a readable electronic file to avoid copying costs. The county charged $43 based on the $28.67 per hour for the 90 minutes needed to pull and scan the files. Because the files were converted to an electronic format, when a resident made the same request, the county provided the information at no charge. “In my opinion, we are told if we already have it just to send it,” said Laurel Chick, the county fiscal officer who pulled the files. “We are not here to make money.”
Test cases Lehigh Acres Request: Reporter Don Ruane asked for copies of change orders from the Florida Governmental Utility Authority and copies of the most recent fire inspection reports for Lehigh Regional Medical Center, Cross Key Healthcare and Sterling House from the Lehigh Acres Fire District. Resident Helen Leddy made the same request a month later. Reporter Results: The request to Barb Kerby, spokeswoman for the authority, was submitted Jan. 21. The authority acknowledged the request in one business day. Research was required. The authority took about one month to produce the change orders. We received an estimated 650 pages. The authority did not charge for research time or copying, which would have been about $97 at 15 cents a page. The fire district records were requested Jan. 21 and received Jan. 25. We received about 15 pages and were not charged. Resident Results: Contacted Kerby on Feb. 22, who said their copiers were down, but she sent the link to the Web site on which all the reports were available. There was no charge. Called the Lehigh Fire Department Feb. 20 and received a phone call the next day with the information. There was no charge. Bonita Springs Request: Bonita government reporter Jen Misthal and Lee County resident Helen Leddy asked the city for all documents on the Imperial Landing project. Reporter Results: She was given the three files to review to determine which documents she wanted to copy. She made $77 worth of copies of memos, miscellaneous documents and pictures of the site. Resident Results: She made the same request three weeks later and was told she could go through the documents at City Hall to see what she wanted to copy. Fort Myers Request: Reporter Christina Cepero and resident Dana Ingalls requested all e-mails and correspondence on the proposed Lee County Justice Center parking garage among city attorney Grant Alley, city engineer Saeed Kazemi, county attorney David Owen and county public works director Jim Lavender between Dec. 18, 2007 and Jan. 15 of this year. Reporter Results: She made the request Jan. 16 and received them Jan. 17 as paper records at a cost of $5.55 (37 sheets at 15 cents each). Resident Results: Spoke by phone with Dave Workman of the city records department on Feb. 21. He requested an e-mail detailing info needed, which was sent that day. Called on Feb. 21 checking on the status. Workman said he had been off work for several days and had not yet checked e-mail. Received the information on a disk March 4. Cost was $2.25. Lee County Transportation Request: Transportation reporter Christina Cepero and resident Bob McGuire asked for the contract of the Estero Parkway flyover. Reporter Results: Called the Lee County Contracts Department on Jan. 30. Received by e-mail minutes later for free the 3-page spreadsheet with bids of each bidder, including the contractor’s, broken down by item. Resident Results: Once he found the right person to speak with he was supplied the contract almost immediately at no cost. Lee County Government Request: Lee County reporter Ryan Lengerich and resident Minnie Hooks requested all travel logs and receipts filed by the five Lee County commissioners from Jan. 1-Dec. 31, 2007. Reporter Results: The county gave the option to review the travel documents in a matter of days after the request. Fiscal Officer Laurel Chick gave the option to have the documents scanned and turned into a PDF to save cost of making copies. The cost was $43.01. Resident Results: Resident requested them Feb. 11 and received them the next day electronically at no charge. Request: Lee County reporter Ryan Lengerich and resident Dana Ingalls requested the list of employees with take-home vehicles. Reporter Results: Received the list of employees with take home vehicles within one week. Wasn’t charged for the two copies or time to review documents. Resident Results: Called Feb. 11 and received the information by fax within four hours. There was no charge. Lee County Sheriff Request: Reporter Denes Husty requested the list of all home invasions for last year and all incident reports from Lee County sheriff and Cape and Fort Myers police. Resident Dana Ingalls requested the same material from the Lee County Sheriff’s Office. Reporter Results: Made the request to the sheriff’s office on Feb. 11 and received the information the same day. The cost was $50.50, which was for 94 copies at 15 cents per page, plus two hours of employee times at $18.20 an hour. Fort Myers police received the request Feb. 11 and received the report Feb. 14. The cost was $53.28, 15 cents a page for 64 pages and 2.5 hours employee time at $17.47 an hour. Cape Coral police received the request Feb. 13 and had 44 pages ready that same day at no charge. Resident Request: Made the request on Feb. 25 to Lee County sheriff and received the same estimate as the reporter. South Florida Water Management Request: On Jan. 18 reporter Ryan Hiraki asked for all memos and e-mails between the South Florida Water Management District and any other parties about the culverts proposed under Interstate 95 in Estero, near The Brooks. Resident Bob McGuire made the same request a month later. Reporter Request: A request was made Jan. 18 and all memos and some e-mails were received Feb. 29 about the culverts that showed the views and concerns of Estero residents, and officials from the South Florida Water Management District, Lee County and Bonita Springs. Extensive use fees are broken down like this: 35,900 e-mails to be reviewed for exemptions at about 4 minutes per e-mail, equalling 24 hours. The charge is for a clerk’s hourly salary at $15.32; for 24 hours, $367.78 The cost for 600 pages at 15 cents per page is $90; $10 for a CD. Shipping would be $8.95. Total cost: $476.73. Resident Request: Requested the information Feb. 18 and received nearly the same reply: about 780 pages at 15 cents per page, minus the districts $5 waiver for standard copies for a total of $112. There are estimated an 35,900 emails associated with this project. The estimated staff time to review for exemptions is 24 hours at $15.32 per hour for a total of $367.78. Lee County School District Request: Reporter Jason Wermers and resident Dana Ingalls asked for the salaries of all Lee County School District employees. Reporter Request: The request was made Jan. 15 and received Feb. 21. The information was received on a computer disk at no cost. Resident Request: Requested the information Feb. 27 and received it the same day at no cost. Reproduced courtesy of the Ft. Myers News-Press. |