Published: November 20, 2009 09:20 am      

Californian sues Grady County for public records charges

A California man on a crusade to keep public records accessible to everyone is suing the Grady County Assessor and three other Oklahoma assessors for what he considers overcharging for digital records.

Roger Hurlbert, owner of Sage Information Services in Glen Ellen, Calif., sued Grady Assessor Bari Firestone, as well as the assessors in Wagoner, Muskogee and Osage counties. He's also brought suits against assessors in Illinois, Washington, and Delaware – and he's won them all.

However, local District Judge Richard Van Dyck is reconsidering his ruling in favor of Hurlbert. He initially decided in favor of Hurlbert and said that it was unreasonable to charge more than $26 per file.

The assessor's office asked for nearly $1,400 for digital copies of public records and property information. That''s close to $300 per file, Firestone said.

Assistant District Attorney Lesley March failed to counter Hurlbert’s motion for a summary judgment, which forced Van Dyck to make a ruling.

"The judge has heard nothing about the case, but since our DA failed to respond he had to pass it off," Firestone said.

Hurlbert is a California business man who collects public records and property information for databases that assist in economic development, energy studies and other areas.

In each of the court cases, he sent a request for records and a $50 check. Each time he was denied access to the files at the price he found reasonable, and so he sued.

He sued for breach of the Open Records Act, which ensures that public records are available in a reasonable amount of time and at a reasonable price.

"I've had assessors, like these Oklahoma ... people kicking sand in my face for years, and I ain't going to take it anymore," he said. "I have filed these law suits as a final resort."

He said ousting non-compliance to the open records has become his personal mission over the last 30 years.

Hurlbert said most counties across the nation comply to the law.

Firestone said Grady County does follow the law, but it interprets the law differently than Hurlbert.

Firestone said she strictly followed the price schedule set by the Oklahoma Assessor's Association, and the prices offered to Hurlbert were reasonable for anyone using the records for commercial gain.

The law says she can charge a "reasonable" fee that covers time spent and materials used, but Hurlbert said it is unreasonable to charge more than $1,000 for a CD containing files.

Firestone disagrees. She said the price was reasonable because the Grady County Assessor's Office is small and it takes more time and effort to locate the files than recognized by the courts.

"We're spending money on gas, field men, entering the information," she said. "This is taxpayers' money your dealing with."

The assessors association did revamp its fee schedule in December 2008, after Hurlbert filed the suit.

Firestone said the new fee schedule covers electronic copies, which decreases the price of the records by nearly 50 percent. Based on the new fee schedule Hurlbert owes close to $700, she said.

Firestone said much of the county assessor's office funds are derived directly from collecting fees for copies of records.

"It doesn't make sense...$26 for an hour of our time...it's just ridiculous," she said.

March was unavailable for comment. The suit will be reconsidered at 10 a.m. on Jan. 7, 2010, in Judge Van Dyck's courtroom at the Grady County Courthouse.