Ellington

1. Some Melton supporters say that he should investigate who "leaked" a recent ComStat report to the JFP. Can you "leak" public information?

No. When "leaks" are discussed in Washington, it is usually about the source of a classified piece of information. It is truly absurd to argue that a public document can be illegally "leaked." It is the press' responsibility to get public information out of the government, with or without permission of the top executive.

"It sounds like a step toward low-level totalitarianism," McDuff said. "Whoever turned it over was complying with the spirit of the law. It seems to me that the mayor has better things to do than try to punish those who believe the public has a right to know the business of government.

2. The Melton administration only complies with information requests from reporters who are loyal at a given time. Is this right?

This violates the very spirit of sunshine laws. Any member of the public, including any reporter, has the right to any public information, or to attend a public meeting. Allowing a government body to pick and choose their friendly media is the first step toward the establishment of a state media that will rubberstamp decisions, even bad ones. If one reporter is provided information, all others must have access to the same information.

"A government official who's afraid to talk with those who disagree with him, who only wants those around him who praise him—that's a poor excuse for a leader," McDuff said. "The whole concept of democracy and of open government calls for members of the press and members of the public to be able to question officials and to challenge them. It sounds like the mayor is not up to the challenge, and instead wants to hide from those who disagree with him. That attitude is not only undemocratic but it's illegal if it leads to hiding information that the public has a right to see under the Public Records Act."

3. The city says it has 14 days to fill requests. Is this correct?

Only if the city does not have direct access to the information. Sunshine laws require that public information be available on demand. The city is allowed 14 days if materials take time to retrieve from storage or if they must be compiled. The public body should tell the requester immediately how long it will take and why.

4. Does the city have to have an official request for every bit of public information provided?

No, and open governments do not require this. A government that requests a form for every bit of information gives the impression that it has something to hide—or does not understand why we have open-records/meetings laws in the first place. It's just another delaying tactic.

5. Why should the public care about a media outlet's problems with public information?

Because we are representing the people. If a media outlet can't get it, it's going to be very hard for a member of the public to get it. The question is more about a government's willingness to be accountable. A truly "open" government demands accountability from the top down.

6. Can the government charge whatever it wants to produce a record?

No. The Public Records Act states: "Each public body may establish and collect fees reasonably calculated to reimburse it for, and in no case to exceed, the actual cost of searching, reviewing and/or duplicating and, if applicable, mailing copies of public records."

Unfortunately, public bodies are left to determine for themselves what is "reasonable."

"Fees are a real barrier to getting public information," Dawkins said. "For instance, some public bodies will try to discourage requests by charging $3 a page for copies. Your average citizen who has the right to information can't even afford the copies. This violates the spirit of the law."

7. Can anyone file an information request?

Absolutely. In fact, you do not even have to be a citizen. The law states that public records will be made available for inspection to "any person."

8. If the city ignores my request, what can I do?

First, get the word out by contacting the JFP. Public Eye will do everything we can to help.

Second, there is chancery court, which may order the city to produce records, pay legal expenses and pay an admittedly paltry $100 fine.