CALHOUN RATED BY ASSOCIATED PRESS AUDIT - Freedom Of Information Compliance

(07/07/2005)
By Bob Weaver

A recent audit by WVs Associated Press regarding the availability of public information under the Freedom of Information Act, showed mixed results, with improvement since 2001 when an audit was done in nearly all WV counties.

Most of Calhoun's public officials have been cooperative, complying with the requirements of the Freedom of Information Act, although the AP audit, at least the way in which it was conducted, indicates problems.

The Calhoun Commission and County Clerk Richard Kirby, in 2001 and in the recent audit, gave all records promptly.

Calhoun Magistrates promptly complied with public information laws, without objection, receiving high marks from the AP.

The 2005 AP audit gave poor marks to the Calhoun Sheriff's Department, receiving a "0," and the Calhoun County school system, receiving a "1". The best grade is "3."

"0" means no response at all and "1" means a request was made the third time.

County sheriff's were asked to provide incident reports for the past seven days and school systems were asked to provide a copy of the superintendent's salary and contract.

Sheriff Carl Ballengee said he was unaware of information requests made to his office, but would have complied in providing information asked of him.

Ballengee said the Sheriff's Department has used the 911 Center to keep a running log of activity, saying calls for assistance are recorded there.

Office deputy Linda Sampson said when the AP came to the tax office wanting a police log, she advised them to contact the 911 Center. "Apparently, they didn't do that."

The Calhoun Sheriff's Department, since the Hur Herald has been publishing, has been responsive to information requests.

Jean Simers said she was unaware when the AP audit person appeared at the board office, but received the written request in her box. "I immediately mailed the information," she said. Calhoun Schools have been open in providing information to the media on a local level.

The WV State Police, while sometimes cooperative in providing basic information about local incidents, have declined dozens of FOIAs filed by the Herald over the years.

The denials use legal glitches in the FOIA law and always conclude if the party is unhappy about the denial, they should seek to have their decision overturned by going to circuit court.

The Associated Press has given the State Police bad marks for not providing public information.

State-wide training was initiated since 2001 to help officials respond to information requests.

Members of the audit team, in some counties, were met with hostility and in some cases, ordered out of offices.