CLENDENIN, W.Va. -- A Clendenin woman says town officials are denying her access to town records.
On Aug. 25, Martha Mitchell sent a request under the state Freedom of Information Act to Town Recorder Robert Evans. In her four-page letter, Mitchell requested financial records, minutes of meetings and copies of town ordinances.
Evans responded on Sept. 4, telling Mitchell her request was "too broad and burdensome" to address and saying the town did not have enough employees or time to look up the information.
Under state law, government officials have five days after receiving a FOIA request to provide the information, tell citizens where they can look at the information they want, or tell them why the information is not public under certain specific exemptions under the law. Access to records can be denied if the records asked for don't exist or if the person wanting the information asks the wrong person for the wrong records.
Inadequate staffing or requests for large amounts of information are not legal reasons to deny access to records under state law. Nevertheless, Mitchell sent a more detailed request asking for fewer records on Sept. 10. That time, she said, Evans just ignored the request.
"They know I'm onto something, but they don't want anyone to know," Mitchell said Monday.
Mitchell said she did not receive a reply to her Sept. 10 FOIA request. At a Clendenin Town Council meeting Oct. 12, she asked Evans if the town planned to respond.
"He said absolutely not, he would not honor it," Mitchell said. When she tried to press the issue, she said she was escorted out of the Town Council meeting.
CLENDENIN, W.Va. -- A Clendenin woman says town officials are denying her access to town records.
On Aug. 25, Martha Mitchell sent a request under the state Freedom of Information Act to Town Recorder Robert Evans. In her four-page letter, Mitchell requested financial records, minutes of meetings and copies of town ordinances.
Evans responded on Sept. 4, telling Mitchell her request was "too broad and burdensome" to address and saying the town did not have enough employees or time to look up the information.
Under state law, government officials have five days after receiving a FOIA request to provide the information, tell citizens where they can look at the information they want, or tell them why the information is not public under certain specific exemptions under the law. Access to records can be denied if the records asked for don't exist or if the person wanting the information asks the wrong person for the wrong records.
Inadequate staffing or requests for large amounts of information are not legal reasons to deny access to records under state law. Nevertheless, Mitchell sent a more detailed request asking for fewer records on Sept. 10. That time, she said, Evans just ignored the request.
"They know I'm onto something, but they don't want anyone to know," Mitchell said Monday.
Mitchell said she did not receive a reply to her Sept. 10 FOIA request. At a Clendenin Town Council meeting Oct. 12, she asked Evans if the town planned to respond.
"He said absolutely not, he would not honor it," Mitchell said. When she tried to press the issue, she said she was escorted out of the Town Council meeting.
"They feel like they're above the law, I guess," Mitchell said. "I guess they feel like they don't have to answer to the citizens."
Evans declined comment on Tuesday. Clendenin Mayor Bob Ore said Mitchell has a personal vendetta against him and the members of his administration.
"She's been after somebody here ever since I've been in town," he said.
Mitchell, who ran unsuccessfully for Clendenin Town Council last year, said there seem to be discrepancies in the town's financial records. At a recent meeting, she said, Evans reported spending about $79,000, but when she added up the bills they only came to about $46,000.
"How in the world would a city spend $79,000 in bills in one month?" she asked.
Mitchell also suspects town officials are diverting money from coal severance funds to pay for things not allowed by law. She also believes city officials are illegally operating a small maintenance vehicle and are contracting out work without taking bids.
Access to the records she requested will help Mitchell figure out if she's right. "It just warrants enough to start asking questions," she said.
Failure to comply with the state Freedom of Information Act is a misdemeanor that carries a fine of up to $1,000 and up to 20 days in jail. In addition, if Mitchell takes the town to court and wins, town officials must pay all court costs under state law.
Reach Rusty Marks at rustyma...@wvgazette.com or 304-348-1215.
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