Emails to and from government officials concerning government business are public records.
However, in Summerfield, a request for those records, submitted in June for emails, has become the center of a controversy – just as this type of request has in the past.
Those seeking to get the information say that the town is dragging its feet and may never meet the request.
Several Summerfield town officials, in recent years, have said that they feel that one group of town residents overburden town officials with sweeping records requests.
The latest conflict comes because the Town of Summerfield has yet to grant a request made on June 16. At that time, Don Wendelken, under the name of his local newspaper – Summerfield Scoop – requested email communications between the town manager, the Town Council and the town attorney from June 8 to June 12.
Wendelken’s request asked for the emails pertaining to the town’s Unified Development Ordinance and a proposed text amendment to that ordinance.
Wendelken told the Rhino Times that it’s now August and he still hasn’t seen the information. By state law, local governments are supposed to provide public records as soon as possible. Wendelken said he wants the records in order to learn more about a proposed residential project by Summerfield farmer and developer David Couch.
Wendelken said that, usually, the only way he can get info from town officials is by prying it from them through threats of legal action.
Recently, Wendelken wrote again to Summerfield Town Manager Scott Whitaker and town councilmembers.
“Sadly, Scott, you seem to be ignoring my request,” Wendelken wrote. “Do we need to go through mediation again? It seems like lawsuits are the only way to get your attention? You create problems by waiting and saying you are too busy taking care of other important town business. Can a responsible council member stand up to Scott and remind him he works for you and the citizens, please.”
Wendelken’s email also said that he knows it takes a little time to review emails but he added, “Do your job, Scott!”
This has been a prominent theme in the past as well. Citizens in Summerfield making public records request for records experiencing long delays or being asked to pay hundreds of dollars for staff time before a public record is provided.
In the past, Summerfield Mayor BJ Barnes has said – about similar instances – that the town has a small staff but that staff constantly gets inundated with public records requests. He said staff often has to work overtime to fill the massive requests.
One thing that often slows down a public records request is the need for a government attorney to go through and redact any personnel issue information or other information that is legitimately protected by the state’s laws.
Wendelken said his request only covered specific emails for a short period of time and it’s been three months since he made it. He said town officials may have ulterior motives for not releasing the information to the public.
Wendelken always has some crisis going on while observing the northwest it seems. There’s a long history between Wendelken and those in charge of the town, I’m sure has plenty to do with this. The town should comply within the law, but this problem extends well beyond little Summerfield, NC. Public record requests are becoming more of a burden for governments of all sizes all over the country. Some requests are ridiculous in scope and require an enormous amount of work to pull and prepare. I fully believe there should be a statutory fee schedule for preparing any response that takes more than a certain amount of time/resources/materials. None of this is free, all the other citizens shouldn’t have to see services delayed or materials used up that they all pay for just to satisfy someone’s request.
> Some requests are ridiculous in scope and require an enormous amount of work to pull and prepare.
They could invest in an infrastructure that makes public records requests more accessible.
> I fully believe there should be a statutory fee schedule for preparing any response that takes more than a certain amount of time/resources/materials.
Not sure about you, but I paid my taxes. This is literally one thing taxes pay for. Not satisfied with the quality of services? That will cost more. As taxes. I know you aren’t suggesting raising taxes, but that’s how those “fees” would most likely be implemented.
Public record requests are to be filled in a timely manner. Mr. Whitaker fills some requests more timely than others. and should not be who he likes or does not like. For similar requests some he wants $500 and other similar request no charge. Get politics OUT of town hall, and comply with all requests in a fair and timely manner. Town has excellent IT service to comply with requests efficiently. All town business emails should be available to the public. Actually NC Statute does provide for PRR request for electronic records of emails are no charge — that is why the town IT has excellent contracted service. Fee schedule I believe is 10 cents per printed page, if not sent electronically. Maybe you are not a Summerfield tax payer — public records often reflect taxpayer money and if the record exists it should be public record.
Last time I checked, public records are available to any and everyone regardless of whether you pay taxes to a particular township or not. Council’s government emails should never be available to the public before reviewing since some are confidential and need to be redacted.
Wendelken is a sad, pathetic little man, who’s a burden to Summerfield and it’s employees. He needs to get a life.
Agree Donnie wastes town resources and stirs the pot all the time. He loves seeing his name in the paper. Tell him I requested public records from former and hopefully never again mayor Dunham and I still haven’t received her town related e-mails. Two peas in a pod!