Freedom of Information Letter

On 3 Oct 2011, our Committee sent the following letter to Tunica County Administrator Clifton Johnson with a copy going to the Board of Supervisors' Attorney, Andy Dulaney. Comments are below the letter:

Sent via email: 3 Oct 2011

3 Oct 2011

Clifton Johnson
County Administrator
Tunica, MS 38676

Dear Mr. Johnson:

Pursuant to the state open records law, MS Code Sections 25-61-1 to 25-61-17, I write to request that a list of all persons employed by Tunica County as of 1 Oct 2011 be made available to the public by placing a copy of this listing in the Oct 2010 minutes of the Board of Supervisors of Tunica County, MS. This list would include the name of each employee, the department to which each employee is assigned and the corresponding salary for this employee for the period covering 1 Oct 2010 through 30 Sep 2011.

It is provided by the MS open records law that a response is expect within fourteen (14) business days (MS Code Section 25-61-5(1)). This is not necessary if you will just make the above request available to the public as stated.

If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely.

Please be advised that I am prepared to pursue whatever legal remedy necessary to obtain access to the requested records. I would note that willful violation of the open records law can result in a fine of up to $100 and all reasonable litigation expenses (MS Code Section 25-61-15).
Thank you for your assistance.
Sincerely,

Barbara R. Tuchel

cc: Andy Dulaney


Today, this email was sent to both Johnson and Dulaney.

Clifton:

Attached please find the FOI letter that our Committee sent to you on 3 Oct 2011. Today, I searched the public records and could not find the requested document within the Minutes of the Board of Supervisors.

Clifton, on your way out you indicated that the Board of Supervisors does not include a list of employees and their pay in their minutes unless there is an increase in pay. If you will search the public records, you will see that this is not true. You offered to give me a copy.

The point of the FOI letter was to make this information available to the public, not just to me. Further, it is the public's right to know who is on their payroll and what each individual is being paid.

Please include this information as an amendment to the Oct 2011 minutes. Also, please put the Transparency Committee on the agenda for the 15 Nov 2011 meeting to discuss this matter.

Barbara