County attorney doesn’t want to be ‘gatekeeper’

By NICOLE CARTRETTE
Staff Writer

Columbus County Attorney Steve Fowler has decided it might not be a good idea for Columbus County to have a gatekeeper.

“It is my opinion that individual department heads should be responsible directly for releasing public records information with reasonable rules for copying or inspection. Otherwise, the county could be sued over ‘Gatekeeper’ status as in this case,” Fowler wrote in a Feb. 2 letter to the commissioners and County Manager Jim Varner.

Fowler also points out that state law provides that “the public official in charge of an office having public records shall be the custodian thereof.”

Fowler cites case law in which a county manager was sued for serving as a gatekeeper.

“This judgment serves as a limiting feature on any public information officer role any county official might have. However, as county attorney, questions concerning a document’s public record status are invited by county employees to this office,” Fowler wrote.

Commissioner Ricky Bullard asked Fowler to send the letter to department heads, which essentially states that departments head as the custodians of public records and should be responsible for complying with public record requests.

Weeks ago, The News Reporter requested a copy of an appraisal and Fowler would not give a direct answer to the question of whether or not he had a copy of any appraisals. At that time Fowler said his office was not the only means of obtaining information and public records.

The appraisal was made available Monday when a reporter was asked to pick up a packet at the county administration office. (See related story)

It appears that also on Feb. 2 Fowler drafted a letter to Department of Aging Director Ed Worley.

“I am forwarding a public request from The News Reporter consisting of information that would be under your custodianship. It is my recommendation that you contact the newspaper pursuant to this request and allow an appropriate representative thereof to review these documents and any other accompanying papers in some manner as soon as possible,” Fowler tells Worley in the letter.

In September 2006, The News Reporter was told that in order to see the fiscal 2005-2006 county budget the reporter must go through the county attorney and all requests must go through Fowler.