Patrick County General District Court Judge Marcus Brinks declined to levy fines in a case alleging violation of the Freedom of Information Act (FOIA).
County resident Russell W. “Bill” Moore alleged that Tom Rose, county administrator, violated at least the spirit of FOIA, if not the letter of the law which provides residents access to certain government information. If the information is not provided, the government must show it is legal to withhold it.
Moore requested information regarding certain items in the county’s Fiscal Year 2016 budget.
Moore said Tuesday the county did comply, and provide the information he sought once he “was able to determine what was available due to my own efforts. I have received what I requested. It has been an arduous task.”
Moore reasserted his allegations that FOIA was violated, “at least twice and possibly four times” during the process.
Black said Rose and county staff “spent a considerable amount of time” searching for the records Moore requested.
Brinks said the process was arduous, and that Moore had been frustrated as had Brinks. However, aside from the filing fees Rose was required to pay early on in the court process, “I’m not interested in imposing a fine. I don’t think the county” was maliciously withholding information, Brinks said.
Before dismissing the case, Brinks said Moore could appeal his decision.
During the hearing, Black said a county employee is designated to handle and process FOIA requests.
After the hearing, Rose said Geri Hazelwood ensures requests for public information are processed and the proper paperwork completed. “She makes sure we stay in compliance,” Rose said.
Also after the hearing, Rose said “I absolutely think the judge made the right decision. There was no malfeasance on our part.”
