HUNTSVILLE, Ala. (AP) — Dana Holladay-Hollifield has been a nurse in Alabama for many years, but she never experienced such low pay as she did at Huntsville Hospital.
Curious about the salaries of the executives at the not-for-profit facility, she filed a public records request to obtain the information. She believed that as a facility governed by a public board, it was subject to the state’s open records law.
After facing many obstacles and delays, Holladay-Hollifield was left with a difficult decision: either file an expensive lawsuit to obtain the information or give up.
“This should be easily accessible,” she said. “I have three kids; I’m taking care of my mother-in-law and husband. I simply can’t afford to spend $10,000 on this.”
Holladay-Hollifield’s situation highlights a larger issue in American democracy where the most effective, and often only, option for residents to address open government disputes is through litigation.
“Unfortunately, in the United States, almost everywhere, you have to go to court to enforce these laws. And that’s just wrong,” said David Cuillier, director of the Joseph L. Brechner Freedom of Information Project at the University of Florida. “If the system requires the average person to hire an attorney to make democracy work, then it’s really broken.”
A review of procedures in all 50 states by The Associated Press and CNHI News during Sunshine Week revealed that less than a third of states have offices that can resolve residents’ complaints without resorting to legal action.
Alabama is one of the states where residents typically have to take legal action if they believe information is being illegally withheld.
Holladay-Hollifield began her quest for records from Huntsville Hospital early in 2023. Despite being overseen by a public corporation, the Health Care Authority of the City of Huntsville, she faced resistance in obtaining the information she sought.
Joe Campbell, general counsel for Huntsville Hospital, maintained that executive salaries were confidential and not subject to open record requests.
However, J. Evans Bailey, a media law attorney in Montgomery, cited Alabama Supreme Court rulings indicating that health care authorities in the state are subject to public records laws.
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The review by The AP and CNHI uncovered a complex landscape of systems for resolving open government disputes across states. Some states have offices that can review complaints but lack the power to compel agencies to comply, while others give their attorneys general authority to issue opinions or take matters to court.
Systems that rely on litigation can be costly for taxpayers, as seen in cases like that of LaPorte County, Indiana, where Prosecutor Sean Fagan had to sue to access emails controlled by county commissioners.
Pennsylvania stands out as one of the states with a robust office for resolving public records disputes. The Office of Open Records issues binding decisions that can be appealed in court, though the process can still involve significant costs and hurdles.
Illinois, with its updated freedom of information law, allows the public access counselor to issue binding opinions that can compel agencies to release documents. Failure to comply can result in civil penalties.
Ellen Moriarty, from suburban Chicago, benefited from this system when she was denied a copy of a settlement agreement by the Homer Township Trustee’s Office. The chief deputy attorney general issued a binding opinion requiring compliance.
Moriarty’s previous experience with a nonbinding opinion that went unenforced highlights the challenges faced by private citizens trying to access public records without resorting to costly legal battles.
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This story is a collaboration between CNHI News and The Associated Press. The AP’s support of local democracy coverage is funded by the William and Flora Hewlett Foundation.
Josh Kelety/AP, Eric Scicchitano/CNHI News, and Carson Gerber/CNHI News, The Associated Press
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