I write to request that you end the bias and discrimination in responding to information requests from citizens requesting information that is legally available under the Federal Freedom of Information Act (FOIA), 5 U.S.C. 552.
Specifically, I ask that you end the practice of deferential and preferential treatment of the Sonoran News as a matter of information requests on their behalf. Upon information and belief, deferential and preferential treatment is routinely granted to the Sonoran News but denied to ordinary citizens of the Town of Cave Creek.
Here’s an example: On Sept. 4, 2013 I emailed Ms. Carrie Dyrek with an information request. Not knowing the legalities that I now am conversant with, I offered a cordial email in a request for information and included the question of whether I needed to file paperwork or appear in person. My email was ignored. I never heard anything regarding any part of my question or any substance of the email request.
As provided by Section 552 (a)(6)(A)(i) of the Freedom of Information Act, you are required to reply within (20) business days. Upon information and belief, Ms. Dyrek knew that if she did not respond it would, in fact, be to her advantage because I was not conversant with the process. So she did not respond.
Yet, in direct contravention of my request, Linda Bentley of the Sonoran News, emailed a request Thursday September 26, 2013 and received an outstandingly prompt reply from Ms. Dyrek in less than 2 hours elapsed time. In fact, Ms. Dyrek responded in exactly 1 hour and 41 minutes. This is an example of the preferential treatment accorded the Sonoran News’ employee Linda Bentley that I was clearly deemed not worthy to receive.
Here’ s the exact, unaltered email (note the time stamps):
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From: Carrie Dyrek [mailto:cdyrek@cavecreek.org]
Sent: Thursday, September 26, 2013 3:57 PM
To: Linda Bentley
Cc: Rodney Glassman; Sara Vannucci (saravannucci@att.net); Foothillsfocus@qwestoffice.net; Philip Haldiman
Subject: RE: Public Records request
Attached is the information for your public records request listed below:
- For Rodney Glassman:
Year-to-date as of pay period 09/20/2013:
Paid in compensation: $25,740.64
Employer benefit costs: $5,636.80
2. PO box 4246
Cave Creek AZ 85327
Adam Trenk
Carrie A. Dyrek, MMC
Town Clerk
Town of Cave Creek
37622 N. Cave Creek Rd.
Cave Creek, AZ 85331
480.488.6613
Town Hall Hours are Monday through Thursday 7:00am – 5:00 pm. Town Hall is closed on Fridays.
From: Linda Bentley [mailto:lindabent@aol.com]
Sent: Thursday, September 26, 2013 2:16 PM
To: Carrie Dyrek
Subject: Public Records request
Hi Carrie,
- Can you please tell me how much Rodney Glassman has been paid in compensation and benefits to date.
- Do you have an updated address for Adam Trenk? His home on Gunsight is vacant and listed for sale or lease.
My request is for a non-commercial purpose.
Thanks,
Linda Bentley
Reporter
6702 E Cave Creek Rd, STE 3
Cave Creek, AZ 85331
480-488-2021 ext. 26
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I request, as the right of a legal citizen, that you follow the spirit and letter of the law in 5 USC 552 Freedom of Information Act (FOIA) by instructing all Town Staff member to immediately cease and desist in this preferential treatment on behalf of the Sonoran News.
Either you allow all citizens to email requests and respond in a timely, legal manner by following your own rules, ordinances and Federal Law, or have all parties appear in person as equals to complete your form 8530-TOCC (01-08); then take their position in line with other requestors who have followed the law in making their requests. Information requests should be worked on a first come, first served basis with neither bias nor preferential treatment being accorded to any entity.
I look forward to hearing what actions you will be implementing to correct this inequity in favor of the Sonoran News in the handling of freedom of information requests.
Sincerely,
G.C.Freeman
4856 E. Morning Star Road
Cave Creek, Az.