Published: November 09, 2009 11:23 pm      

County to create ‘express lane’ for information requests

CUMBERLAND — Changes are coming to the process by which Allegany County government responds to requests under the Maryland Public Information Act.

The law, passed first in 1970 and modeled after the federal Freedom of Information Act, is meant to serve as a door between open government and the public’s right to access certain records. Too often, county residents have seen the law used as a barrier to delay or deny information.

Beginning immediately, Public Information Officer Bretta Reinhard and County Attorney Bill Rudd will respond to simple or routine requests for information more speedily than complex requests for information. The change is one of a few after Reinhard attended an Oct. 23 training seminar. Information there, presented by Assistant Attorney General William Varga, provided public information officials from Frederick, Allegany and Garrett counties a review of the state law’s fundamentals.

Reinhard said because of Varga’s apparent support of a “triage concept,” she and Rudd will evaluate a request for information and could categorize it as routine or complex and respond accordingly.

Both Reinhard and Rudd agreed to an interview with the Times-News. Over nearly 90 minutes, the two county officials spoke of the county’s fee structure regarding information requests, accepting and responding to requests by e-mail and a general public perception that certain people seeking information are put at the back of the line.

“In the past, (a) request got processed first regardless of time. Based on Varga’s advice, it would make sense” to assess the time it might take to fulfill a particular request, Rudd said. “Let’s get it done and off the desk. Customer service is important.”

Rudd said the county intends to create an “express lane” to respond to the easier requests for information.

Until now, Reinhard said the policy was, “first in, first out. It was a system. It’s a fair system. Everyone’s being treated the same. We’ve had very few complaints.”

The policy was intended to show no favoritism no matter who requested the information.

“When we say we treat everybody’s request the same, we really do mean that,” Rudd said. “I know it’s perceived differently. The policy is, whether it’s the best friend of a county commissioner or somebody perceived not friendly to the county, we’re not making those (distinctions).”

In a public meeting Oct. 29, Commissioner Bob Hutcheson said the county could be doing a better job at responding to requests for information in a more timely manner. Commissioners Jim Stakem and Dale Lewis later echoed Hutcheson’s sentiments.

Stakem said he had instructed county staff to work on responding quicker “a couple of weeks ago.”

However, when asked about what direction, if any, she had received from any of the three commissioners or County Administrator David Eberly on the issue, Reinhard mentioned only Hutcheson’s public statement.

During the two-hour training session, Varga also mentioned responding to requests for information by e-mail. He advocated that if it was reasonably convenient, governments should do so. That’s not an approach Allegany County government is going to take.

Accepting requests by e-mail isn’t reasonable, Rudd said, because there are liabilities about the technology. He said a requester could hit “send” on a request over the computer and presume that request was received. In fact, it could be stuck in cyber space. With a 30-day deadline to respond mandated by state law, that’s a direction in which the county does not want to go.

The same could be said for responding to requests, Rudd said. In addition, that e-mail, then, becomes a public record, which could strain the county’s ability to store such records.

Contact Kevin Spradlin at kspradlin@times-news.com.