BEULAH -- Benzie County must pay a local resident more than $2,400 in costs and damages for illegally withholding public information, the latest in a series of public records fumbles by county officials in recent years.
Circuit Court Judge James M. Batzer last week ordered the county to pay Eric VanDussen, of Beulah, $500 in punitive damages and $2,118.56 for costs he incurred in a lawsuit over access to public records.
VanDussen's 2006 suit alleged the county "arbitrarily and capriciously violated Michigan's Freedom of Information Act. The county, VanDussen alleged, habitually delayed or refused to disclose numerous obviously nonexempt public records," court records show.
Documents VanDussen sought included attorney billing invoices, deposition transcripts, settlement documents, status reports, grievances and other documents, many of which were discussed by county commissioners during closed sessions.
Batzer in August ordered the county to produce several of the wrongly withheld documents and closed meeting minutes to VanDussen. Some of the requested documents were lawfully withheld, Batzer decided.
VanDussen said he sued the county because he "believes governmental transparency in Benzie County is lacking."
"It is a worldwide occurrence, but Benzie County is where I live and where it affects me," VanDussen said. "They have probably spent $35,000 defending this last lawsuit. It's wasting a lot of taxpayer money."
Board Chairman Mark Roper and county Administrator Chuck Clarke, who handles FOIA requests for the county, had not reviewed the ruling late last week and declined comment. Neither returned calls for comment this week.
County attorney Bradley Wierda contends many of the contested documents were not in the county's possession, and said that's the reason they were withheld.
"Benzie County is now well aware that they need to go out and get those documents," he said.
County Commissioner Mary Pitcher said she's satisfied with how the county handles FOIA requests and said the board doesn't need additional education on how to respond to public documents requests, or how to release public information.
"Anytime we get a FOIA request we consult with our attorney before we fill it or not," she said. "As far as I know, we are going to continue as we have."
Former county board Chairman Donald Tanner is seeking a return to the board in the upcoming election, in part because he believes a disconnect exists between some area residents and county government.
"There are things that need to be addressed as far as being an open government on the county level," said Tanner, who served as commissioner from 1998 to 2004. "What I think we probably need more of is Eric VanDussens. Someone who comes to the board meetings and questions what you are doing."
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