ANDERSON – The Madison County commissioners violated the Access to Public Records Act in an advisory opinion issued by the Indiana Public Access Counselor.
Counselor Luke Britt ruled on April 7 that the commissioners failed to respond in a timely manner to a request for records from the Madison County Highway Department made by Ron Richmond, an official with the American Federation of State, County and Municipal Employees.
Richmond made the request for the records on Nov. 20, 2015, to inspect or obtain copies relating to the legal representation of the Highway Department.
In the advisory opinion, Britt wrote that Madison County officials provided Richmond with several dates when the records would be received, but that time frame has elapsed.
The commissioners responded on March 7 that a search was conducted but no responsive records exist for Richmond’s request.
“While no records may exist pursuant to your request, you are still entitled to a timely response regardless of whether it is a denial or a production of documents,” Britt wrote in his opinion. “I cannot speculate whether the statements that no documents exist are accurate, only that the Commissioners took nearly three-and-a-half months to communicate their non-existence.
“This is not reasonable under any circumstances,” he continued. “Legal invoices should be fairly routine public records to curate (organize). A good steward of public records should be able to confirm their existence (or non-existence) easily and in a timely manner.”
Richmond’s request came after the commissioners fired two local union officials for alleged loafing during work on two days and taking an extended lunch break on a third day.
He said the union requested the legal bills concerning the case between the union and the Madison County Board of Commissioners.
"They told us we can come and go through the records," Richmond said. "We were told the legal bills were not itemized."
In February, the Indiana Supreme Court refused to hear an appeal by Madison County and allowed to stand an Indiana Court of Appeals ruling ordering the two employees to be reinstated.
A stipulation filed with arbitrator Steve Hayford indicates that Amos is owed $36,571 and Benfield is due $39,933 not including unpaid six days.