(The following is an opinion column. The views expressed herein are those of the writer, and not necessarily those of the publication, its employees or affiliates. We invite your response to this or any editorial/letter to the editor/opinion column in the FFP.)
By John Pilati
When it comes to inspecting and/or copying public documents, the Alabama Open Records Act provides the right of every citizen to “inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute.”
Unfortunately, at the urging of its Manager Charles Canida, the Russellville Electric Board recently made it more expensive and difficult for the public to access records the law dictates they have a right to see.
Alabama's Open Records Act lacks any teeth for enforcement, though, and that can open the door for some public agencies to be less than forthcoming with public records requests.
Last month, Gov. Kay Ivey signed an executive order making the process of obtaining public records more accessible and affordable for all executive branch agencies.
Her order requires executive branch agencies to establish a portal for the public to file requests online, and a 15-day response limit for simple requests, 45-day limit for complicated requests and a maximum of $20/hour research and $.50 per page copying fee.
Conversely, Canida recommended last year that the REB increase its per page copy fee for public records requests, from $.50 to $1.
He even had the audacity to tell the board he wasn't sure the $1 per page fee would cover REB's cost to make one copy.
“I think it will be close. I'll have to talk with Amy (Rickard) about that. But it's a good starting point,” Canida said.
Last month, the Franklin Free Press made an Open Records Act request for Canida's 2022 W-2, along with two other W-2s. Additionally, since Canida has provided three different copies of his employment contract, none of which matches the board's action in 2020 when it extended Canida's contract, the January 2023 Open Records Act request asked for a copy of his current contract.
Once again, the contract provided (5 pages) did not match the board's minutes from its 2020 meeting, but that conversation is for another day.
The request consisted of four documents, each of which was readily available. No research was required.
Just make copies of three tax forms and a five-page contract. It was that simple. But with Canida, nothing comes easily, particularly when it comes to the local newspaper knowing his salary.
When we went to the REB attorney's office to pick up the eight pages of documents, we received an invoice for $73.97, payable in advance of receiving any documents.
It included $8 for copying eight pages, and 1.5 hours of 'research' by Canida and one other employee. Although the employee names weren't listed on the invoice, one employee's 30 minutes of research to copy eight pages cost $39.45, which comes out to $78.90/hour and a base salary of $164,112.
With a rate that outrageous, Canida would be the lone employee taking in that much money.
The second employee's time, one hour, was billed at $26.52/hour, for an annual base salary of $55,161.60.
This invoice was nothing but legalized extortion, with no provision to question the cost. Either pay or go away.
What research was needed to make copies of three tax forms, or an employment contract you've previously provided in response to a separate Open Records Act request?
This invoice comes out to $9.25/page. This outrageous charge is exactly what some public agencies do to prevent the people they serve from seeing their records.
Do most people in the Russellville Electric Board service area have the financial means to pay $9.25/page?
Or is this ridiculous rate saved for the local newspaper that keeps a watchful eye on Canida and the REB?
Either way, it's wrong. It's shameful. And it should be criminal.
This is exactly what Ivey wants to eliminate—public agencies charging usury rates that most citizens can't afford.
In 2021, Sen. Arthur Orr introduced a bill that would have changed the Open Records Act for agencies at all levels of government. The bill would have set time deadlines and cost ceilings for 'research' and copying. Unfortunately, the bill died before coming up for a vote.
He's announced plans to refile it this session. And Rep. Jamie Kiel (R-Russellville) has told the FFP he supports legislation to strengthen the public's right to inspect public documents.
For Canida, whose compensation package including salary, AFLAC insurance, retirement, bonuses and other benefits, tops the $200,000 mark, $9.25/page wouldn't impact his financial bottom line.
But for the rest of us, it does just that. And the board not only allows it, they increased the cost of obtaining REB records.
It's yet another example of Canida's and the board's complete detachment and lack of understanding of the people in their service area and the demographics it comprises.
And it needs to be stopped.
The board should, at its next meeting, rescind the current Open Records Policy, and replace it with the guidelines contained in the governor's executive order.
Will that happen? Not likely. There's hope through legislative action though. And the public should be suspicious of any elected official who doesn't support making public access to public records easier and more affordable.
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