New Orleans - In the past fifteen years, e-mails have gone from a novelty to the centerpiece of how people communicate. In many cases, e-mails have taken the place of letter writing, phone calls, and the contracting process, which is at the root of the way government does business.
“Twenty years ago, the communications was probably one millionth what it is today, because it's all done electronically,” said Mark Lewis with the Louisiana Technology Council.
If the public wants to know how our elected officials conduct the people's business, you need to submit a public records request, and that is something that FOX 8 reporters have been doing a lot of lately. From Orleans Parish to St. Bernard, Jefferson and St. Tammany, FOX 8 has asked to see e-mail records of everyone from the mayor, to parish presidents to the councils, over the past year.
“You are entitled to records immediately if you go in and ask for them,” Media attorney Dan Zimmerman said. He added, under the law, e-mails should be made readily available.
But the answers to our requests came back in a variety of manner. All responded quickly per the law, but none gave us the e-mails we requested.
High Price Tag“There are certain matters of privilege,” said Suzanne Parsons-Stymiest, a spokeswoman for St. Tammany Parish. “All would have to be redacted first.”
In St. Tammany, it took a computer specialist two days to determine that our request covered over 17,000 e-mails from Parish President Kevin Davis . The parish attorney said it would cost fifty cents to copy each one, and coupled with an estimated 900 hours of reviewing time, it would cost about $52,000 just to print them up so that they could be reviewed for sensitive information before being released.
“The organization requesting the information should pay the cost. It shouldn't be the responsibility of the taxpayers of St. Tammany Parish.” Parsons-Stymiest said.
In Jefferson Parish, the parish attorney, Louis Gruntz, responded to our request in a timely manner as well. He did not send the requested e-mails, but did send a cost breakdown on how expensive it would be just to determine what could and could not be released.
He indicated that the records requested numbered around 10,600 e-mails for the first three months of this year. We were told they would cost fifty cents each to reproduce - totaling $5,000. He added Jefferson Parish says all e-mails prior to December of last year were not archived and retrieval could take up to 14 weeks, at a cost of $80 per hour to the station.
“I don't know why they have to print each one,” Zimmerman questioned. “They can view it on a screen.”
Orleans Parish responded quickly as well, but once again, no e-mails were offered, nor were specific costs. Instead Penya Moses-Fields said that, ''we believe and/or anticipate that some of the requested documents will be exempt from the public records act, and it will be necessary to segregate those documents.” Fields also said she would be in contact once those issues were resolved.
Zimmerman says that instead, they should be in contact right away and react quickly.
As for St. Bernard Parish, President Craig Taffaro responded to our request personally, saying the request was voluminous, but he said he would review the e-mails, and endeavor to provide the requested information.
“The process for public records has to be reviewed to protect the data that may be sensitive or proprietary,” Lewis said. He said there are things that the public can do to streamline requests, like be precise in what you request.
Planning AheadThere are also things government agencies can do. In Florida, there is a disclaimer warning the public that their e-mails may be reviewed under public records laws. Some agencies print documents they know are public record so that they are readily available for those making a request. And some agencies have an employee specifically designated to deal with public records requests.
"There are a lot of things we would like to do,” Parsons-Stymiest conceded. “But this is a lean government.”
The head of the Louisiana Technology Council offered help to New Orleans. “Microsoft asked me if there was anybody in this environment that needed technology help...and I immediately thought about the city,” Lewis said.
But that offer was rejected, leaving many to wonder if they will ever get the records they requested at a cost they can afford.
