The Dispatch filed a public records complaint against the city of Columbus on Friday challenging a $310 fee it was charged for records outlining the city’s relationship with Columbus Arts Council.
More specifically, The Dispatch on July 10 requested records related to city appropriations to the Columbus Arts Council, as well as partnerships between the nonprofit and Columbus Parks and Recreation.
In an emailed response Monday, Chief Financial Officer Jim Brigham, who also serves as city clerk, informed The Dispatch that Greg Lewis, parks and recreation director, took six hours to compile the records and figured the fee at an hourly rate of $51, far exceeding what would be the hourly rate ($38.33) of Lewis’ salary of $79,726.40.
Upon further inquiry, Brigham clarified to The Dispatch the $310 fee reflected a 35% upcharge to cover the city’s cost for providing Lewis’ benefits, such as insurance, during the six hours he worked on the records request. If only Lewis’s salary had been considered, the city would have charged The Dispatch $230 to fill the request.
State law allows public bodies to recuperate from the requester the actual cost of producing public records. If employees are involved, those bodies can charge fees based on the “pay scale” of the lowest-level person competent to fill the request. Historically, public bodies have charged The Dispatch based on hourly wage or its salary equivalent.
In its complaint, The Dispatch is simply asking the Ethics Commission to clarify if public bodies can incorporate fringe benefits into the fees they charge for public records.
“While we are not necessarily arguing that the city incorrectly charged The Dispatch in this case, ‘pay scale’ leaves some room for interpretation,” the complaint reads. “… A lack of clarity invites inconsistency. And while we’re not necessarily alleging anything of the sort in this case, it also invites public bodies to use the flexibility of whether to upcharge citizens for access to open records capriciously or punitively.”
Peter Imes, publisher for The Dispatch, agreed.
“On the surface, this complaint may look petty,” Imes said. “We aren’t trying to get out of paying the city for their time. We are simply asking the Ethics Commission to clarify a vague part of the law.”
When reached by The Dispatch, Jeff Turnage, the city’s general counsel, declined to comment, saying the city would speak through its response to the Ethics Commission.
Zack Plair is the managing editor for The Dispatch.
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Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 35 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.
