We Take On Local Government: $10 Fee For Public Records
We Take On Local Government: $10 Fee For Public Records
Must-read story. Our behind-the-scenes battles in Dumas, Pine Bluff and Grant County to bring you the news.
Have you ever decided to push the gas pedal a little too hard? There's nothing like seeing blue lights and getting a hard copy, better known as a speeding ticket. Seatbelt violations are also common hassle for Arkansans.
If you drive long enough, unfortunately you may end up in a fender bender. You could also have a shopping cart nail your car. You will inevitably need a police report to file an insurance claim. It happens.
If you have ever needed a copy of an information report in Arkansas from the police district clerk it's very likely you have been told that reports are $10 or my personal favorite line: “We charge a $10 fee for a records search.”
That happened this week in Grant County District Court. The clerk quickly informed Richard that they require $10 for a records search. The clerk was reluctant to provide an email address for FOIA requests. Honestly we hear that story so often, it's embarrassing.
But this story idea about fees for public records actually began in Dumas where an alleged sexual solicitation of a minor had occurred at the local McDonald's.
After failed attempts to obtain an email address for Dumas police to request the police report, Suzi decided to road trip her way down and pick up the report in person.
If you've ever met Suzi in person you may have left the encounter laughing or wondering where the hell she came from. It all depends on what she is doing. If it's business she's conducting, you'll get the business end of 30+ years of an investigative journalist. It can be intimidating.
Nevertheless, Suzi was met with resistance at her first in-person attempt to get the report. It took a team effort with Richard calling the mayor to clarify our rights under FOIA to him. Suzi got the report. She also had to pay a $10 fee.
It didn't stop in Dumas.
Suzi needed a report from the Pine Bluff Police Department. Again, after numerous phone calls, no one would give her a working email address to request the records. Yep, another road trip, this time to her hometown. She got the report she needed, but wouldn't you know, another $10 fee. There was no negotiation. You want the report you cough up $10 cash same old story.
We aren't always the smartest people in the room, but when it comes to public records and the Freedom of Information Act? We know the rules.
We know local governments have the authority under Arkansas Code 25-53-210 to charge a $10 fee for police reports related to vehicle accident reports. We don't typically need those reports. There are enough ambulance chasers as it is.
However, Freedom of Information violations typically go unchecked or end up in a lawsuit in Circuit Court when the custodian of the record failed to follow the act — like charging a fee in excess of the cost of reproduction of a public record. If the person seeking the record knows the law.
Citizens are likely unaware that if they go pick up a report other than a vehicle accident report that those $10 fees do not apply.
In circumstances like Dumas, Pine Bluff and Grant County, our recent encounters were not for reports related to vehicle accidents. We did not owe a blanket $10 fee. We only owed the actual cost to reproduce those documents. Citizens are required to follow the law, and so are those who receive taxpayer money to handle public records. They have a job to do, and so do we.
After several exchanges by email, Dumas Police Chief Keith Finch refunded the $10 fee.
We're also getting a refund from Pine Bluff.
Honestly, the thought that a $10 fee could have sparked a lawsuit is almost laughable. FOIA is the law though, and why should any citizen pay a fee they do not owe? Taxpayers have already paid for gathering the information through the salaries paid to people working in the local government, the paper and the ink. The employee time, and supplies belong to the people who pay taxes. We think thats's easy enough to understand.
Government entities have budgets to consider, and the Arkansas Freedom of Information Act covers that by requiring the person requesting a public record to pay the actual cost of reproducing the record not one penny more.
A lawsuit would no doubt cost the taxpayer even more money — not to mention the hassle of dealing with it. Nevertheless, it's important that everyone plays by the same set of rules.
If an employee of a government entity demands an unjust fee, it's pay right now and sort it out later or leave without the document. It's likely that citizens are forking over the cash and simply walking away. We will not.
In our line of work, documents are critical. The truth matters. We aren't posting rumors and claiming it's news. That's why 95% of media in America is a joke. They propagate a narrative, and they are in the system so to speak. [Editor's note: We heard from whining media immediately after this article posted. Okay, some members of the media don't like our sense of humor. The majority of Americans don't like or trust the media. The rest don't care.]
We advocate for truth and sometimes it's not pretty.
Did you know that city and county officials use tax money to receive training to ensure they do their job properly and that training covers the Arkansas Freedom of Information Act? Not to mention, it costs a government employee or elected official ZERO DOLLARS to call and ask a question if they are unsure. The Association of Arkansas Counties and the Arkansas Municipal League exist for training and education.
South Arkansas Reckoning asked Lindsey French with the Arkansas Association of Counties questions about FOIA training for local county officials.
“Richard, most of the guidance that we provide on FOIA is done one-on-one with county elected officials when they have a question about what to charge,” French wrote in an email. “Additionally, we have a new elect training every time county elected officials are elected (every 4 years) and Justices of the Peace are elected (every 2 years). We always spend a good amount of time on the FOIA at these meetings as well as handing out the Arkansas Freedom of Information Act Handbook at those meetings. Finally, we do provide occasional FOIA presentations at the continuing education meetings of county elected officials and Justices of the Peace. Of course, that education only makes it to those who attend or who will call us and ask for help.”
We know what you're thinking. That's the county. Who trains city officials in Arkansas? The Arkansas Municipal League.
All week we have talked to and messaged with the Municipal League about $10 fees.
On Thursday afternoon South Arkansas Reckoning received an email sent to city governments from the Municipal League General Counsel:
Good afternoon everyone!
Recently, we’ve heard of some confusion regarding charging for the release of police reports when those police reports are requested under the FOIA. As you all know, the League is dedicated to ensuring our cities and towns are as knowledgeable as possible on Arkansas’ Freedom of Information Act. Below is what I hope clarifies any confusion on this particular issue. If you have any questions, please feel free to contact us.
As you know, in almost every instance, a city or town can only charge for the actual costs of reproduction of documents in response to a FOIA request (keep in mind, ‘actual costs’ does not include – except in other very limited circumstances – existing personnel time necessary to respond to the request). See Ark. Code Ann. § 25-19-105(d)(3)(A)(i). However, there are a few limited situations in which Arkansas law allows cities or towns to charge a different amount than ‘actual costs’ for the reproduction of records. One of those limited situations is when a city or town receives a FOIA request for a vehicle accident report. In this instance, the city or town may charge a flat rate of $10 for the reproduction of that vehicle accident report. See Ark. Code Ann. § 27-53-210(b)(1).
But, here is where we believe there is some confusion, and we want to clear up that confusion. The flat $10 fee can only be charged if the report requested is for a vehicle accident report. For other police reports, the amount charged to reproduce the report is only the “actual cost” of reproduction.
I hope that helps. And, like I mentioned above, please let us know if you have any questions.
All the best,
John
P.S. Since we’re on the topic of the FOIA, if you need additional educational materials regarding the FOIA, I’d highly recommend the League’s newest resource, the ACE Hub, which you can find HERE.
John L. Wilkerson
General Counsel | Arkansas Municipal League
We didn't stop there. We cover all of our bases for our readers. We also asked for comment from Arkansas’ chief law enforcement agency — the Attorney General's office.
Jeff LeMaster, communications director for Arkansas Attorney General Tim Griffin, responded:
“Hi Suzi. Arkansas law allows custodians to charge only for the production of records unless a statute authorizes them to charge more.
As to specific past AG opinions on this topic, we would need more time to identify those.”
We have a saying at South Arkansas Reckoning: Follow the rules and follow the money. Oh, and if you don't get a newsletter for a day or two, it means we are likely fighting for documents and/or following the money.
I notice the AG’s office was less helpful than the League that explained the personnel time limitation, unless that does not apply to them. Either way, it’s a lazy answer.
I answer detailed very technical questions in my profession every day. In a situation like this, I explain all the relevant pieces. Otherwise, your questioner will be aggravated by coming back to ask the obvious things they omitted.
IMO, the only reason a public service professional, who should know better, does this is because they take so little care for their constituents, that they can’t be bothered to answer questions, or they are being passive-aggressive by purposely leaving out information that will keep their constituent from complete their task.
To apply this to business, substitute “client” or “boss”.
I don’t know which it is here, it is certainly below my professional standard and I require the same from my reports.