In the days of Sheriff Ron McNesby (2001-2008), Public Records Request by IN were an adventure. It all began when we requested the flight logs of his helicopters because we had heard he used one to pick up pizza at Lillian Pan Pizza. It took four weeks to get the logs and even then they weren’t complete so we had to make another request for the rest of the logs….which proved he had used the helicopter for pizza delivery. After that, public record requests took weeks to be answered. We even ran a stat box in the paper in which we tracked the length of time for them to be completed.
To punish us further, McNesby would charge us for the records and then give them freely to other media.
In 2006, University of West Florida journalism students tested the Florida public records laws by making requests of various local agencies. Of course, the Escambia County Sheriff’s Office failed.
The School District under Superintendent Malcolm Thomas appears to be following the McNesby “Sunshine” rules. Under Superintendents Jim Paul and Jim May, our public records requests were handled promptly and completely. Costs were minimum, not so under Thomas.
On January 12, we requested the report on an investigation of the operations of Warrington Middle School. Yesterday, after we asked Assistant State Attorney Greg Marcille to intervene, we were told the records were ready and the charge would be $374. To give you an idea how ludicrous that charge is, the IN paid $25.70 for all the public documents regarding the Hayward Transition Team, which stacked about a foot high. In December 2008, we paid $187.16 for three boxes of emails, reports, appraisals and other documents regarding the hotel lease at the airport. We have asked the School District for an itemized list of the costs and will ask the State Attorney’s Office to mediate a fair price.
Here is the email trail of our public records request:
——– Original Message ——–
Subject: Public Records Request
Date: Wed, 12 Jan 2011 11:04:18 -0600
From: Rick Outzen
Reply-To: rick@inweekly.net
Organization: Independent News
To: Linda English , Malcolm Thomas , Donna Waters
CC: John Asmar
I am writing to request the investigation report that was conducted on
Warrington Middle School, pursuant to the Public Records Act, Chapter
119 of the Florida Statutes.
This request includes copies of every document related to the matter,
regardless of the format in which the information is stored.
If you refuse to provide this information, Chapter 119 requires you
advise me in writing and indicate the applicable exemption to the Public
Records Act. Also, please state with particularity the reasons for your
decision, as required by Section 119.07(2)(a). If the exemption you are
claiming only applies to a portion of the records, please delete that
portion and provide photocopies of the remainder of the records,
according to Section 119.07(2)(a).
I agree to pay the actual cost of duplication as defined in Section
119.07(1)(a). However, if you anticipate that in order to satisfy this
request, “extensive use” of information technology resources or
extensive clerical or supervisory assistance as defined in Section
119.07(1)(b) will be required, please provide a written estimate and
justification.
I request these records be available by Friday, Jan. 14. If you have any
questions or need more information in order to expedite this request,
please call me at 438-8115 or email at rick@inweekly.net.
Sincerely,
Rick Outzen, publisher
Independent News
——————————–
On 1/12/2011 11:14 AM, Linda English wrote:
> Dear Mr. Outzen,
>
> Good Morning! Can you provide me with more details and clarification (what or whom) as to the specific report requested? Thank you.
>
> Linda English
——————————–
——– Original Message ——–
Subject: Re: Public Records Request
Date: Wed, 12 Jan 2011 13:05:05 -0600
From: Rick Outzen
Reply-To: rick@inweekly.net
Organization: Independent News
To: Linda English
An internal investigation was done of Warrington Middle operations last year (it may have extended into the current school year) that was conducted by district investigator. There should be a report.
———————————-
On 1/12/2011 4:54 PM, Linda English wrote:
> Dear Mr. Outzen,
>
> The information you requested and that is attached can be found on the district’s website under Board Members, Policies and Meetings. Once you click on that, please scroll to the bottom of the page to Board Agendas. Clicking on Board Agendas brings up dates of meetings and you will click on January 4, 2011. Once on that document, scroll to page 8 and click on Internal Accounts Audits with Findings and scroll to Warrington Middle School’s documents. Thank you.
>
———————————–
——– Original Message ——–
Subject: Re: Requested Information
Date: Thu, 13 Jan 2011 09:05:01 -0600
From: Rick Outzen
Reply-To: rick@inweekly.net
Organization: Independent News
To: Linda English
Thank you, Ms. English. There was another investigation of the actual operations of the Warrington Middle School administration that was done in conjunction with the financial audit of the internal accounts. I am requesting the findings of that investigation, also.
————————————–
On 1/13/2011 11:00 AM, Linda English wrote:
> Good Morning! Working on this request….please stay tuned. Thank you!
>
> Linda English
————————————-
——– Original Message ——–
Subject: Re: Requested Information
Date: Thu, 13 Jan 2011 11:01:37 -0600
From: Rick Outzen
Reply-To: rick@inweekly.net
Organization: Independent News
To: Linda English
Thank you, Linda.
—————————————–
On 1/19/2011 10:23 AM, Linda English wrote:
> Dear Mr. Outzen,
>
> I just wanted to let you know that I have not forgotten your request but the employees who can help with your request have been out sick; hopefully to return by the end of the week?…and at that time I will forward what has been provided. Whatever is going around seems to be highly contagious. So far, I have escaped the sickness…hope you have too! Thank you so much for your patience.
>
> Linda English
———————————————-
——– Original Message ——–
Subject: Re: Requested Information
Date: Wed, 19 Jan 2011 10:27:10 -0600
From: Rick Outzen
Reply-To: rick@inweekly.net
Organization: Independent News
To: Linda English
End of the week will be fine. Thank you for keeping me updated.
————————————————-
——– Original Message ——–
Subject: Re: Requested Information
Date: Tue, 25 Jan 2011 14:47:34 -0600
From: Rick Outzen
Reply-To: rick@inweekly.net
Organization: Independent News
To: Linda English
CC: John Asmar
Ms. English,
Where are you on completing this request? Tomorrow will be two weeks since I made the original request.
Thank you,
Rick
——————————————————-
At this point, we had been waiting two weeks for what had been a simple request. I had my attorney, John Asmar, contact the School District and we got the following email. The report was the same as the one on the website, with just a few more details on the financial audit.
On 1/26/2011 2:23 PM, Jackie Dwelle wrote:
> Mr. Outzen –
>
> Attached please find the report as requested, and we ask that you acknowledge receipt of this information via email reply to us.
>
> If we can be of further assistance, please do not hesitate to contact our office. Thank you.
>
>
> Jackie P. Dwelle
> Office Administration Specialist
——– Original Message ——–
Subject: Re: Public Records Request #97 – Warrington Middle
Date: Wed, 26 Jan 2011 14:53:51 -0600
From: Rick Outzen
Reply-To: rick@inweekly.net
Organization: Independent News
To: Jackie Dwelle
CC: Linda English , Malcolm Thomas , Norm Ross , Steve Marcanio , John Asmar
Is this the only investigation, audit or review done of Warrington Middle School? I will like a statement from the School District that no other investigations or reviews have been done of Warrington Middle School.
———————————————
The School District refused to supply a statement, claiming that it wasn’t required to do so. Therefore we broadened the request and named the actual investigator. I sent the request through our attorney who asked that we be notified if the costs were to exceed $100:
——– Original Message ——–
Subject: School District
Date: Fri, 04 Feb 2011 08:13:42 -0600
From: Rick Outzen
Reply-To: rick@inweekly.net
Organization: Independent News
To: John Asmar
The investigator was John Dobbs. Let’s broaden the request if necessary.
We want to review any memorandums, working papers, emails, letter,
reports and other written documents regarding any investigations done by
John Dobbs of Warrington Middle School for the period August
2009-January 2011. I will come and review when the documents are ready.
——————————————
On Friday, Feb. 11, Asmar got a call from School District attorney Donna Waters saying that she understood the documents were ready. The IN received no phone call from the District telling us that we could view them.
On Wednesday, Feb. 16, Asmar contacted State Attorney’s Office and we learned the documents —which Waters says are three inches thick—are ready. If I pay $374, I can view them.