Seeking answers, Lee turns to FOIA : Sheriff candidate had filed numerous requests with the BCSO
Posted on Friday, March 14, 2008
BENTONVILLE - Is it harassment, political wrangling or simply a man exercising the right to seek information from the Benton County Sheriff's Office ?
Former Sheriff Andy Lee, who is seeking the office again, has filed numerous Freedom of Information requests with the Sheriff's Office.
Sheriff Keith Ferguson and Rogers Police Department Sgt. Kelly Cradduck are also seeking the position of county sheriff. All three seek the Republican nomination for the office.
Lee has filed numerous FOIA requests seeking information concerning jail records, drug-arrest statistics, DWI statistics and Ferguson's cellphone usage.
Cradduck did not want to comment on the matter.
"There's a bunch because (Ferguson ) doesn't respond to my FOIAs, which forces me to ask the question again," Lee said. "It's the only way I can get the answers."
Lee has requested records concerning the jail expansion. He wanted to know how many federal and state prisoners were being held in the Benton County Jail, he said.
Lee believes an emphasis should be placed on an overcrowded Benton County Juvenile Detention Center instead of expanding the jail to hold more federal and state prisoners. Lee said that when he was sheriff, he housed state and federal prisoners but advised that money from the program be used for improvements and care of the jail instead of going into the county budget.
Another of Lee's FOIA requests concerned DWI arrest numbers. Lee filed a request after reading a news story in The Benton County Daily Record in which BCSO Public Information Deputy Doug Gay said the BCSO once arrested 30 to 40 drunk drivers a night leading up to New Year's Day. The article was published Dec. 30, 2007.
"I started the DWI task force, and we never locked up 30 to 40 drunks in one night," Lee said. "It's physically impossible. I wanted to see the records."
Lee said he was told the BCSO didn't keep those records.
Gay said Lee is taking the statement out of context. Gay said that he meant that years ago, when he participated on checkpoints, six to 10 people were arrested at each checkpoint. Three checkpoints were usually set up, Gay said. Gay said the arrests were not just for DWI, but also for other crimes.
"It was never intended that we made 30 DWI arrests in one night," Gay said. "I'm surprised he questioned those numbers because it would have occurred on his watch. It might shine on his side that we were doing those type of things."
Lee also asked for records concerning the number of felony drug arrests made by the BCSO's narcotics unit.
One particular FOI request took about eight hours of manpower to produce 2, 231 pages.
The Sheriff's Office charged Lee 10 cents a page, which totaled $ 223. 10.
Instead of paying the charge and picking up the 2, 231 pages, Lee filed an FOI request seeking a breakdown of how the fee was determined. The information remains in a box at the Sheriff's Office.
"When I was in office, we never charged anyone for any FOIAs," Lee said. "I feel the 10 cents (per page ) is too high."
According to the Freedom of Information Act, copy charges cannot exceed the actual reproduction costs, and a custodian must provide an itemized breakdown of charges. The charges can include actual costs of mailing, faxing or e-mailing the records.
"I don't really know how long it's been waiting on him," Ferguson said.
"I don't plan on picking it up," Lee said. "When he (Ferguson ) follows the law and gives the breakdown of cost, we will revisit the issue. But you can tell him I won't file a criminal complaint against him for not following the law, reference the FOIs I requested. Someone else may be doing that."
Ferguson said he can't ignore an FOIA request from Lee or any other citizen.
"It takes time, and it's costing the county," Ferguson said. "We can't charge him for the labor."
BCSO Maj. Gene Drake said the Sheriff's Office had not charged Lee for many FOIA requests because there's a difference between two or three pages and thousands of pages.
"We are going to charge Andy Lee, the press and anyone when you start talking about bundles of paper," Drake said.
Drake said the BCSO can't charge for the eight hours it took for a secretary to gather the information.
Lee doesn't believe the requests are placing any hardship or stress on the Sheriff's Office.
"They are trying to make an issue about my FOIAs, but if they wouldn't make ludicrous statements, I wouldn't challenge it," Lee said. "The only way I can get the answers is through the FOIA."
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