We asked for public records. Lexington sheriff says it will cost hundreds

If the public is to see the personnel records of two Lexington County sheriff’s deputies involved in a controversial death investigation, Sheriff Jay Koon says access to those public documents will come with a hefty fee.

The sheriff’s department has told The State it must pay $350 for the two personnel files it seeks as research on a case involving the death of a child. The department defends the charge, saying it is merely passing along the cost of gathering the records, reviewing them, and redacting information that state law says can be withheld.

South Carolina law allows public agencies to charge for access to public records, but they can also elect to waive fees if they believe the information is in the public’s interest. Some times, however, agencies seek large fees to make it more difficult for anyone to access information it does not want the public to see, according to Bill Rogers, head of the S.C. Press Association.

Koon and the department’s general counsel, Joel Deason, denied that’s happening in this case, saying the department is charging a reasonable $22 per hour for the records. When challenged why it would take nearly 16 hours to process two personnel files, Koon declined to answer specific questions and instead responded with a statement through a spokesperson.

The FOIA law says that “the fee for the search, retrieval or redaction of records shall not exceed the prorated hourly salary of the lowest paid employee who, in the reasonable discretion of the custodian of records, has the necessary skill and training to perform the request.”

Still, Rogers criticized the sheriff’s office.

“This is an example of a police agency using FOI costs to shield information that the public should have,” he said.

Deason, the sheriff’s department attorney, said in an email to The State that “asking requesting parties to reimburse us for the cost of fulfilling FOIA requests is not punitive, rather it is simply a way to manage the significant cost associated with the number of requests we receive.”

The S.C. Press Association, which often advises news organizations on FOIA matters, maintains that news reports based on public documents almost always benefit the public.

“The information already belongs to taxpayers and they should be able to see it. That’s part of (the sheriff’s department’s) job,” Rogers said.

Nearly a third of Lexington County’s most recent budget — or $46.4 million — was devoted to law enforcement, making it one of the largest spending categories.