When Does a Public Informaton Request Become a Demand?
By Joseph Turner | 08/25/08 | 06:26 PM EDT | 0 Comments
On July 28th, I submitted a written public information request asking for all emails sent and received by Mayor Pat Morris, Chief of Staff Jim Morris, City Manager Fred Wilson and Code Director Glenn Baude between June 27th and the date of the request.
Just before the 10 day deadline, I received a letter from Lori Sassoon, Assistant City Manager. She stated that due to volume of the documents requested, they would need the extra 14 days they are entitled to, to fulfill the request. According to the letter, I would be allowed to view the documents on Thursday, August 21st.
Due to the anticipated number of pages, I called Sassoon late Wed. afternoon to ask when they documents would be ready so that I could plan my day and allow myself enough time to view the documents. Unavailabe, I left a message.
On Thursday morning, I spoke to a staffer in the City Manager's office and was told that the documents would be ready by 4pm. Early that afternoon, a staffer from the City Attorney's office called to tell me that unfortunately, they were running behind on processing the request and that it would most likely be ready on Friday. After he told me he would check in on the matter, I asked him to give me a call back later that day, so that I could plan my Friday to view the documents.
Late Thursday, I was called back and told by the same staffer that the request would not be ready until early next week.
I queried and pressed for definitive answers and clarifications. Unfortunatley, he did not have a concrete time and stated that the documents needed to be reviewed by City Attorney Jim Penman to make sure that I did not receive any emails that were required to be redacted.
I left a message and asked for Mr. Penman to give me a call to discuss.
This afternoon, I walked into the City Attorney's office and was told that I might be able to get them on Wednesday, but nothing was guaranteed. To date, I have not received a call from Mr. Penman, nor do I have any definitive date as to when I will be able to view these documents.
What recourse does the average Joe Schmoe citizen have when it comes to public information requests? Here I am sitting on day 28..going on 29...of a public information request that has yet to be filled.
What can I do? Take legal action? How long will it take to get that ball rollin... Unfortunately, this isn't the first time I have been stymied by the City Attorney's office in a public information request.
It is frustrating and exasperating...
So, what can I do, other than grin and bear it?
It may be petty and juvenile, but the only thing I can think of is to flood the office with additional public information requests. So, today I submitted another request for all emails between the same individuals between March 1st and June 27th.
I suppose that if I do not get the information by Wednesday, I will submt another request for more emails going back to the first of the year and keep tacking on requests for more information. Perhaps, the city should hire another employee just to handle my information requests since it takes a month to get one processed.
God knows, San Bernardino has plenty of money to burn. After all, we are paying an Interim Director of Code Enforcement $65 an hour, while the Director is on paid leave and the Assistant Director is apparently unqualified to "mind the store".
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