Ellington

If information wants to be free, it cannot be happy with the administration of Mayor Frank Melton. Since the mayor took office in July, the Jackson Free Press has made a number of requests for information, with decidedly uneven results.

In particular, the city has declined to release the remuneration for Jackson attorney Dale Danks—who was a frequent litigant against the city until it hired him to clear its backlog of litigation—on the grounds that Danks is a contractual employee and thus exempt from open-records law.

Second, the city has refused to release resumes or bios for any city administrator. In particular, the JFP has requested the resume of Police Chief Shirlene Andersen, whose specific qualifications for the job remain a mystery. This stands in stark contrast to the ream of materials released for Andersen's predecessor, former Chief Robert Moore. In a November letter, the city's legal department wrote that it would not release resumes because they fall under the personnel exemption of the open records law.

The Mississippi Public Records Act of 1983 requires access to public documents, allowing governments 14 working days to respond to requests. There are exemptions under the law, for medical examiner reports, case files of the Workers' Compensation Commission and personnel records, among others.

While the "personnel records" exemption does protect "applications for employment," resumes and general background information may not be covered. "I don't think it can be reasonably argued that resumes are excluded under personnel exemptions," said Luther Munford, a Jackson attorney with Phelps Dunbar who specializes in media law and who was involved in drafting the 1983 law.

Charles Davis, an associate professor at the University of Missouri School of Journalism and executive director of the National Freedom of Information Coalition, agreed. "Taxpayers should certainly know (city officials') background, education, training, their qualifications. ... What we're trying to guard against is patronage and corruption. Access serves as a check because it's supposed to make it more difficult to hire your buddy's buddy for a job he's completely unqualified for."

Davis said he had never heard of any other city in the country hiring employees on a contractual basis and then using that as grounds for concealing salaries.

"I think it's novel, and 'novel' is a kind word for it. When I first learned of this situation in Jackson, I was stunned," Davis said. "Holding back salaries for contract workers, or any government employee for that matter, should outrage citizens. This is fundamental taxpayer accountability. Taxpayers have every right to know what they are paying people with their tax money. Whether it's going to a municipal employee or a contract employee makes not one whit of difference."

Munford cited a 1986 case in which he and John Henegan represented the Delta Democrat Times against Greenville in a city annexation suit. Greenville had hired consultants but would not release what this cost to the paper. "The court said they had to produce materials on attorney's fees, the price of the studies, the cost of expert consultants and travel expenses. Based on the Greenville case, I don't understand why the city refuses to give you a copy of the contract or information regarding fees," Munford said.

Munford also cited a 1998 attorney general's opinion that directed the city of Oxford to release a contractor's report. "The fact that it has to do with a contractor is beside the point," Munford said.

Even information requests from the City Council are now directed to the clerk's office, where they are subject to a maximum wait of 14 working days. This is not how information requests were handled by the last administration, according to City Council President Marshand Crisler.

"I don't think council members should have to adhere to the 14-day turnaround. I think as soon as they can get (information) to a council member, they should. That's been the case in the past. Now, there is a breakdown. My opinion is that we need to free up this information," Crisler said.

"Anything that makes it more difficult for people to provide scrutiny of the offices of government frustrates democracy," Davis said. "If it's not illegal, it's certainly inefficient."

Crisler sees the city's intransigence on releasing public records as part of a broader breakdown in communication. "You cannot operate efficiently in government without both branches being on the same sheet of music. There's just not an exchange of information going on right now," Crisler said.

Davis warned that filling city positions with contractors rather than regular employees would make it very challenging to hold city officials accountable. "What are supposed to be lines of final authority and responsibility are going to be responsible to nobody but the mayor. It makes everyone responsible to the mayor and only the mayor," Davis said.

Neither the city attorney's office nor spokeswoman Carolyn Redd returned calls.