Metro Considers Tighter Scrutiny of Public Records Requests

An ongoing Metro review indicates concerns over departments’ fulfillment of public records requests. According to documents obtained by the Scene, an internal audit seeks to determine whether Metro officials are releasing too much information to the public. 

Emails between senior auditor Mary Cole and Mike Jameson, the mayor’s director of legislative affairs, reference a “Review of the Public Records Request Fulfillment Process” being carried out by Metro’s Office of Internal Audit. The audit committee workbook, a comprehensive document detailing the office’s ongoing work, confirms the review as an audit-in-progress currently in the planning stage.

Typically, Metro audits focus on government funds, department policies or performance metrics. (A year-by-year archive is available here.) Rather than taking stock of Metro’s responsiveness to public records requests — one of few tools the public has to gain insight into government operations — this review reflects Metro concerns that employees are releasing too much information to the public and not properly collecting payment for that information.

In an email dated Jan. 25, 2022, Cole poses questions to department heads related to the public records fulfillment process. These questions reference departmental training in exemptions available to government employees under the Open Records Act and criteria for determining whether information can be considered confidential. The review also attempts to clarify internal review processes of documents before they are released to the public and the process for requesting and collecting payment from requesters. Whether these are the primary concerns of the audit or pieces of a larger survey remain open — the mayor's office and the Office of Internal Audit were both unresponsive to requests for comment in time for publication.

The Scene became aware of the review when references showed up in documents responsive to another public records request regarding Mayor John Cooper’s efforts to create an independent inspector general, a promise made during the 2019 mayoral campaign. Internal emails show that Cooper has since abandoned that commitment, citing legal director Wally Dietz’s professional background in government compliance as a sufficient internal safeguard.

Update, July 26: Mayor John Cooper's chief communications officer and senior adviser TJ Ducklo issued a statement to the Scene after publication regarding Wally Dietz and a future Office of Inspector General. It reads, in part:

Mayor Cooper tasked Mr. Dietz with evaluating the Metropolitan Government’s compliance record generally, as a precursor to establishing an Office of Inspector General. Mr. Dietz is currently formulating ethics and compliance recommendations, as well as coordinating with the Office of Internal Audit in identifying and preventing potential fraud and waste in Metro government. Wally has been working on various ethics and transparency initiatives, including this one, which still could include the [Inspector General]. That work is ongoing but would expect more on this from us in the coming months.