A preliminary report from the Mississippi Ethics Commission found the city of Columbus and its former registrar violated the Public Records Act when a former reporter from The Dispatch was denied the right to photograph campaign finance reports.
Sonia Shurden, the hearing officer assigned to the case, issued her preliminary report on Friday, along with recommendations to the ethics commission that it find the city and former registrar Brenda Williams violated state law.
Shurden provided copies to The Dispatch and City Attorney Jeff Turnage. Either the newspaper or the city can appeal the recommendations within five days and request a hearing before the ethics commission prior to a formal ruling.
The Dispatch filed a public records complaint against the city and Williams in June, after then-news editor Isabelle Altman had visited Williams’ office in person to inspect campaign finance reports for candidates running in this year’s municipal election. Williams provided the documents for Altman to view but told her she was not allowed to photograph them.
In the city’s response to The Dispatch complaint, Turnage sought to have the case dismissed on grounds that Altman had not supplied a written request for those documents, which would have given the Williams up to seven working days to supply them. The city has a policy where it can require a written request for access to public records, but it does not always enforce it.
While Turnage’s response conceded there “would be no logical reason to prohibit a photograph of a public document,” he notes Williams, in the absence of a written request, gave Altman ample time to inspect and copy the contents of the records by hand.
Shurden’s recommendation noted that, by law, campaign finance reports are supposed to be readily available for inspection and do not require a written request. Further, Shurden writes, in this case the registrar waived any requirement that would exist for a written request when she let Altman view the documents. Shurden called Williams’ attempt to restrict photography of records for which she had already granted access “inexplicable and arbitrary.”
“We are pleased with the ethics commission’s preliminary report, which upholds the fact that campaign finance reports should be readily available to the public,” said Peter Imes, publisher for The Dispatch. “Their comments on the public’s right to photograph public documents is also welcomed, especially since that has historically been a recurring roadblock presented by city of Columbus employees.”
Mayor Keith Gaskin, in an email to The Dispatch, said he supports the hearing officer’s findings.
“I am in complete agreement with the Preliminary Report and Recommendation of the Mississippi Ethics Commission,” he wrote. “The city will take no further action on this issue.”
Gaskin took office July 1, almost a month after the incident.
Zack Plair is the managing editor for The Dispatch.
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