A Freedom of Information Act (FOIA) request for all records relating to a survey of employees about the climate of workplace in the county building will be costly to produce.
Commissioner Melinda Lautner last month requested the county prosecutor provide all records of county employees’ correspondence with personnel committee chair and fellow commissioner Kama Ross. Lautner has express concern that these records could influence board decisions addressing workplace climate/culture.
Prosecutor Joe Hubbell estimates the cost of processing the request could be at least $5,000, noting the request covers more than 1,200 emails that require individual review by qualified and legally permitted staff.
“This is an estimated cost. You are required to pay a 50% deposit in the amount of $2,500 before we can comply with your request,” Hubbell said in his written response. “The actual cost may be more than the estimated cost and you are responsible for the total actual cost. You will be notified if the estimated cost increase more than 10% of the original estimated cost.”
This payment would cover the costs of Chief Assistant Prosecutor Tristan Chamberlain reviewing over 1,200 emails sent between Sept. 4 and Nov. 13 and determine whether disclosing each email would violate Michigan Common Law (MCL) exemptions on “invasion(s) of an individual’s privacy” and “frank communication between officials and employees.”
Citing MCL guidelines, Hubbell said that the cost for this search is based on the hourly rate of the lowest paid public employee qualified to complete the request — in this case, Chamberlain. He estimated that the request would take 100 hours to complete, and Chamberlain’s salary is $50 per hour.
Lautner told the newspaper that she was not satisfied with this response and “won’t back down.” She said on Wednesday that she plans to consult with an attorney for advice on gaining access to these records without paying the fee.
Lautner has been a vocal critic of county government’s recent trend of deferring to recommendations on finance and personnel issues from committees, often consisting of just three commissioners rather than the full seven-member county board.
These committees meet and discuss these issues in public meetings, but Lautner says there is often not enough time for the rest of the county board and the public to review minutes from these meetings before the full board decides on these items at their regular monthly meetings.
Lautner requested on Nov. 13 that the prosecuting attorney’s office provide “any correspondence sent and received between County Commissioner Kama Ross and any employee, department head or elected official, including our Administrator (Deb Allen) outside of the entire BOC” through mid-September.
Ross is chair of the personnel committee, which has been working to address the ongoing workplace drama at the county government center that contributed to the resignations of several important department heads. One of the most recent resignees, former finance department head Sean Cowan, said the “not sustainable” work environment consists of infighting and inflexibility.
The county board recently contracted the Michigan Leadership Institute (MLI) to identify the source of the problem and present an “action plan” to address the issues. Data is currently being gathered in one-onone meetings between employees and MLI regional president John Scholten. This contract cost the county $6,500.
Scholten told the board he would prepare for his interviews without input from elected officials or department heads. Despite this, Lautner told the newspaper she is concerned that Ross’s correspondence with county employees may be reaching the MLI and influencing the survey’s results.
Lautner requested the correspondence from Ross herself and was refused, with Ross saying that the employee’s information was given to her in confidence. Since Lautner views these items as government documents, she filed a FOIA request to gain access to these records.
“I am waiting because the prosecutor – who I spoke with afterwards on the request – said that he would not send me anything of any personal nature, or if he felt it was sent in confidence. I know for a fact that he cannot hide those from me. I know for a fact I could take that to court and win,” Lautner told the newspaper prior to receiving a response on Tuesday.
“In the event you are not satisfi ed with this response I want to advise you of your rights,” Hubbell said in his response. “You have a right to submit a written appeal to the chairperson of the Leelanau County Board of Commissioners, Ty Wessell, that … identifi es the reason or reasons for reversal of this denial by myself. “In addition, you may also seek judicial review of this denial,” Hubbell continues. “If you seek judicial review and the Court determines that the public records are not exempt from disclosure, you have the right to receive reasonable attorney fees and costs as well as a fine of $1,000.00.”
Hubbell estimated that the request will take more than a month to complete, and Scholten said that he hopes to present an action plan to the board in early January 2024.
