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Records can be elusive

Documents that are supposed to be available for public inspection aren't always, a situation that can be frustrating for anyone seeking the information.

By HARRY MINIUM

Date published: 12/31/2006

First of a series of stories on a Freedom of Information Act audit of Virginia cities and counties

THE VIRGINIAN-PILOT

NORFOLK--A man walked into the Prince Edward County sheriff's office not long ago and asked to see the county's crime log--a list of crimes committed the past weekend.

As a Virginia resident, who might want information about criminal activity in his neighborhood, he was entitled by law to see the documents.

Yet a captain walked in and ended a short conversation by saying: "I told you straight up, we're not giving out no records."

Another Virginia resident walked into Fairfax City Hall and asked for e-mail correspondence between the mayor and city council members for a two-week period. You can have them, he was told, but it will cost a minimum of $7,000.

A third person walked into a fire department and asked for the latest fire inspection reports on two schools.

After being told the records were available, he was denied access because he would not say why he wanted the information.

The citizens were actually newspaper employees, who were dispatched to every city and county in the state last fall to see how the 134 local governments responded to requests for public information that should be available under the Virginia Freedom of Information Act.

The media representatives, most of whom visited the local governments Sept. 12-13, did not identify themselves as reporters, editors or media employees, and instead stated they were interested citizens who wanted information about the particular communities.

The requesters asked for the latest two weeks of e-mails from each county's chairman or each city's mayor to their respective county boards or city councils; the previous weekend's crime logs or reports from police or sheriff's departments; and the fire inspection reports for two schools in each locality.

The results were hardly encouraging for citizens who want to see how their government works, said advocates for open government.

A little less than half of the media representatives saw the requested public records.

Roughly one of every five times, the person seeking the information was denied access to what is supposed to be public information.

"That's much too high a percentage" said Frosty Landon, executive director of the Virginia Coalition for Open Government. "Unfortunately, some localities just have a predisposition to keep things secret."

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Date published: 12/31/2006