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Clay County superintendent of Schools Jerry Linkinoggor has denied a Freedom of Information request for the second time in a recent public information survey taken by the Associated Press.
The survey requested information regarding his salary and his contract. In a state-wide survey conducted in 2001 by the AP, Linkinoggor not only denied the request but launched an investigation regarding the person wanting the information.
When a reporter requested the information, the superintendent called authorities and launched a background check on the person.
The Clay education chief frequently disobeys the public information laws, failing to notify Clay citizens of official meetings.
Linkinoggor says he will soon be running for county commissioner.
Clay's commissioners have claimed fame by ignoring the law to remove the Ten Commandments from the courthouse, indicating
the recent
Supreme Court decision does not apply to elected officials in Clay County.
The Freedom of Information Act, originally passed in 1977 and since tweaked by lawmakers and the courts, says citizens have a right to full and complete information regarding the affairs of government.
This year's Associated Press audit, despite numerous failures of compliance, showed some improvement since 2001.
In 2001 auditors visited all 55 counties. The auditors were quizzed about their identity or intentions, even though the law does not require such information.
Some officials scoffed at the requests while others angrily kicked the auditors out of their offices. Some even investigated their backgrounds or had them followed out of town by police.
This year compliance rates were 96 percent for magistrates, 94 percent for county commissioners and 84 percent for superintendents.
County sheriff's, while showing some improvement, were out of compliance at least half the time and State Police generally get an "F."
Clay County officials had training on the public records law two years ago, said Andy Waddell, a Clay County resident and publisher of the alternative newspaper "The Communicator."
Waddell said he wasn't surprised by the results published in the state newspapers last week.
"I have been reading the coverage. It's been wonderful," he said. "Especially the part on our superintendent and the background check. It doesn't surprise me any."
In some cases, county officials don't know the law, but others may need a refresher course in FOIA, Waddell said.
Waddell fights for public records, and often wins enemies in the process. But he knows the general public isn't as likely to go that far.
"The general public is unable to get any information. But I go right after [officials]," Waddell said. "The guy on the street should be able to come in and say I would like to know this. And the government agency should say 'OK, stop in later tomorrow or today and we'll have it for you.'"
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