Our Right to Know: Dean Pierce

By Jessica Sparks

Dean Pierce was a municipal planner in Shelburne, Vermont, for 20 years before he left his job because of what he calls an “unhealthy” work environment.

The picturesque 8,000-resident town sits on Lake Champlain. When the town manager left for a job in New Hampshire, Lee Krohn was appointed to the interim position. Krohn came into the position with 24 years of experience working in the town of Manchester, only 2 hours south of Shelburne. After serving as interim town manager for 7 months, Krohn was hired into the permanent position in December 2018.

After the leadership change, Pierce felt the workplace atmosphere move to something less friendly than he was used to. He resigned from his position in July 2021 after an extended medical leave.

“Things were not great when I left, but it was the healthy thing to do,” Pierce said. “I had things in the rearview mirror, but then I started reading about a young police chief going through the same things I was going through.”

That’s when Pierce decided to request a look at the Town Manager’s contract only to learn that it had been renewed early and in the renewal, the manager was required to take a human resources course.

On Dec. 24, 2021, Pierce requested documents related to complaints about the planning and zoning department, as well as complaints about the performance and behavior of the town manager. When those requests were denied, Pierce attended a meeting of the selectboard to appeal. It was at that meeting in February 2022 that tension between Pierce and the town manager came to a head. The town manager said Pierce was on a “fishing expedition” to ruin Krohn’s reputation and integrity. Krohn issued an apology after the meeting.

Meanwhile, the case of the police chief ended in a settlement between the town and the officer.

Ultimately, the Vermont Supreme Court sided with the town manager and the selectboard in their decision to deny the records. While Pierce received some of the documents he requested, his legal pursuit to keep the town manager accountable for his actions was faced with many roadblocks. That didn’t stop him from using what he had to make a difference.

“I got some documents,” Pierce said. “So when I heard the selectboard was reviewing the manager again, I sent them a note and said, ‘I read that you’re talking about personnel at the next meeting so here’s some information.’”

In July 2022, Krohn and the town came to an agreement to end ties. Pierce said the process to hire Krohn’s replacement was much more transparent than before.

“The process of hiring municipal managers in Vermont is a crucial decision but it varies,” Pierce said. “I like to think that I had an impact, but I don’t think everybody would have a favorable light… I feel like I had a positive impact on the community. I feel like my work is not done. That just it’s beginning.”

One thing Pierce learned through this process is that the price tag can be hefty. “It shouldn’t cost the price of a car,” he said.

In the future, Pierce said he would consider doing another case without the assistance of an attorney. “The lawyers have histories with the judges and they have other cases that go in those courts. I would not have held back. As a layperson, I think I would have said more.”

Pierce also said citizens shouldn’t always rely solely on the media to work on transparency missions. In this case, the former town manager regularly had photographs published in the town newspaper.

“It wasn’t getting covered because he was essentially on the staff,” Pierce said. “As a person who worked in municipal government, I felt benefitted most by the community access streaming of the meetings. Our community access station is called The Media Factory. I’ve gotten on the board of that because I truly believe in the transparency.”

Our Right to Know: Josh Meyers

By Jessica Sparks

When Osceola County, Florida, announced it would enforce a curfew and other mandates for public health during COVID-19, resident Josh Meyers was shocked to learn the resolution for such mandates were not done in the normal public meetings of the County Commission.

Instead, the county’s Executive Policy Group (EPG) enacted the ordinance, even to the point of signing off on it as an officially enforceable law- one that could result in a $500 fine and up to 60 days in jail if it were violated.

Meyers emailed his county commissioner Fred Hawkins to find out when and where the commission had voted on the ordinance. The commissioner responded that the Board of County Commissioners delegated authority to this group, and that the EPG voted to initiate the measures.

Meyers wanted to know more. He asked about where notices of the EPG meetings were posted and whether they were open to the public. When he asked the county’s attorney, he was told the meetings were not public, so notice to the public was not required. Later, through the help of an open records inquiry, Meyers learned the attorney had lied.

“Five minutes later he sent emails to Hawkins saying these meetings are public, but we don’t want the public to know about it,” Meyers said.

This interaction set Meyers into a three-year battle with the county to operate in the sunshine. With the help of the Susan Knight Fund and attorneys who took the case contingent on winning, Meyers took his fight to the courts.

The EPG, as a group of officials who are designated to support specific needs and policies during emergencies, had met several times during the COVID-19 without notice to the public and without taking meeting minutes for public review. All this despite its law-making ability.

According to the Sunshine Law, any board or commission with the authority of any county or state agency is subject to public scrutiny where “official acts are to be taken are declared to be public meetings open to the public at all times” and minutes should be prepared and provided for public inspection.

Osceola County argued that the EPG was not subject to the Sunshine Law because it could not enact laws or orders, but instead was tasked with making recommendations and conducting fact-finding. However, as the order showed, the EPG was given more authority than that. That’s why the Ninth Circuit Court ruled in favor of Meyers, granting him both

Meyers and his lawyer at the time filed for records through the state’s sunshine laws to get meeting minutes from the EPG only to be told the group didn’t take meeting minutes.

The fight is still on for Meyers. His lawyers are currently awaiting another judgment over the attorney’s fees, which the county was ordered to pay but has argued was excessive at $128,000. To show his team did not spend as much as the county on attorney’s fees, Meyers submitted another records request only to be told it would cost $250 per hour for redacting information from the invoices he asked for.

“They said they need 6 hours at $250 to redact invoices,” Meyers said. “My question is who is redacting and what is there to redact? …Ultimately I have the Sunshine Law to get the documents and (my lawyers also) have a discovery request.”

Additionally, Meyers said he’s still working to make sure the public can be involved in the community. Recently, the county changed the way it takes public comment for issues such that the public is invited to speak at a meeting separate from the commission meetings, but is not allowed to speak at the commission meetings on issues being debated or voted upon.

Meyers did not set out to be a Sunshine enforcer, but now he’s doing it and plans to keep doing it when he knows things aren’t being done the right way.

“I would do it again,” he said. “If they won’t behave, I will do it again.”

Our Right to Know: Laura Mollo

By Gabriel Velasquez-Neira

They tried to stop Laura Mollo. She was charged exorbitant amounts of money for Freedom of Information Act (FOIA) requests and was stalked and photographed. She kept prying.

Mollo, 40, was nicknamed “The Crazy FOIA Lady,” who successfully exposed corruption within her town after five years by requesting public documents.

She began her journey as a stay-at-home mom concerned about her tax dollars.

“I initially thought my first meeting would be the only meeting I would ever go to,” the now-city councilwoman said. However, after getting ignored, she kept returning.

She began by questioning the 911 system. Mollo contacted Tazewell County Sheriff Brian Hieatt in 2019, who explained that Richland, Virginia, residents couldn’t call 911 like other county residents. Instead, the local police force was charged with the city’s emergency medical services, meaning all 911 calls had to be transferred and information repeated.

“I know she didn’t like the fact that we would have to switch it over in the middle of the call,”  Heiatt said. “And then she went to the town council meetings, talked to town council people, and I know she went to talk to the police chief that was there at the time.”

There was a lot of resistance to change, and the city tried to discourage Mollo from digging by charging exorbitant amounts for her FOIA requests. This led her to spend over $5,000 on public records requests.

“I believe my town used the cost as a deterrent, but I’m a little bit of a point-prover,” Mollo said. “Whether it was an invoice for 7¢ or $70, every question that I asked, I got charged for.”

Then, Mollo found instances in the city budget where tax dollars were apparently misused.

“The former police chief had signed off on overtime that had not actually been worked and actually signed off on checks to people who didn’t even exist,” Mollo said.

According to an audit by UHY Advisors Tax and Business Consultants, 17 governmental employees had increased their overtime pay by 100% or more yearly from 2020 to 2022. Of the 17, five employees’ approval forms were not submitted or could not be located. For the other 12, UHY found multiple instances from 2021 to 2022 where forms didn’t follow protocols.

However, as Mollo kept digging, the more backlash she received.

“I was being followed,” she said. “There were Facebook pages made about a guy who would follow me through town.”

Eventually, her kids could not go out in town, and they would leave the city for family outings.

The stress took a toll on Mollo, but she would hide it in public.

“I would come home and cry because I felt like if they saw the toll it was taking on me, that they would win,” she said. “And they would get that satisfaction, and that’s how they would come after me harder.”

Still, she kept trying to find ways to fix the problem. According to Mollo, she visited local officials, county officials, state officials and the attorney general. They all told her to vote them out.

However, as Mollo kept requesting public records, the pieces began to fall. In 2021, the mayor resigned, citing a toxic work environment, and three city council members resigned in 2021-2022. Mollo then ran for Richland City Council and won.

Moreover, the remaining city council members from the previous election cycle and the city finance director resigned. Then, the police chief and the town manager were fired.

Now, the city has an entirely new council, including a new mayor, finance director, police chief and town manager.

The city’s forensic audit, which began in 2023, was completed in February 2024 after nearly a year.

“I posted it on Facebook and I didn’t really put an opinion to it,” Mollo said. “But you know, I came home, and I cried with my family. I cried with my husband, and I said, ‘This is it. I was right.’”

Our Right to Know: Li Khan & The Citizen

By Eleni Economides Gastis

Peralta Community College District’s student-run publication – Laney College’s The Citizen in Oakland, California – is no stranger to shining a light on issues that impact the community.

The Citizen serves the four-college district with an emphasis on investigative reporting. Using resources that include public records requests or the publication’s industry-standard encrypted leak portal, students have uncovered important stories by:

In January 2023, filing a public records lawsuit against the district for outstanding public records they had sought for up to two years. After receiving outstanding public records, students from The Citizen settled with the district in October 2023.

The Citizen, under the leadership of Editor-in-Chief Li Khan, her predecessor Shiloh Johnston and current Managing Editor Lylah Schmedel-Permanna, has kept a watchful eye on the taxpayer-funded district, which has a budget in the hundreds of millions of dollars.

“We’re not afraid to shine a light on the information that our community deserves,” Khan said.

Student Press Law Center
Laney College’s The Citizen wins 2023 Student Freedom of Information Award

San Francisco Chronicle
Bay area college paper wins national journalism award for dogged exposes

The Northern California Chapter Society of Professional Journalists cites The Citizen in November 2022 in its Excellence in Journalism Awards

Our Right to Know: Wendi C. Thomas

By Diana Mitsu Klos 

An acclaimed investigative reporter and editor, the pursuit of public records is second nature to Wendi C. Thomas, founder of  MLK50: Justice Through Journalism

The nonprofit newsroom she founded in 2017 focuses on poverty, power and public policy in Memphis. Two-thirds of the city’s population is Black and 1 in 4 lives below the poverty line. There is a long history of distrust concerning law enforcement. Thomas’s work in Memphis includes 11 years with The Commercial Appeal as an assistant managing editor and metro columnist.

On Aug. 20, 2018, the first day of a federal police surveillance trial, Thomas discovered that the Memphis Police Department (MPD) was spying on her. The ACLU of Tennessee had sued the MPD, alleging it was in violation of a 1978 consent decree barring surveillance of residents for political purposes.

A judge ruled against the city, and Thomas says she never got a clear answer on why the MPD was monitoring her. Law enforcement also was keeping tabs on three other journalists whose names came out during the trial. A police sergeant testified that he used the fake account to monitor protest activity and follow current events connected to Black Lives Matter.

Thomas wrote in a 2020 ProPublica story, “My sin, as best I can figure, was having good sources who were local organizers and activists, including some of the original plaintiffs in the ACLU’s lawsuit against the city.”

Two days after the police sergeant’s testimony, Thomas filed a public records request with the city, asking for all joint intelligence briefings, emails or other documents that referenced her or any of the three other journalists that the MPD was following on social media.

It took 433 days to get the records, and Thomas still does not see what would make the police see her as a threat worthy of surveillance in the name of public safety.

“It’s scary to know the police were watching you, but what’s even more terrifying is the prospect of the government acting in secret,” she said.

ProPublica in partnership with MLK50: Justice Through Journalism
The Police Have Been Spying on Black Reporters and Activists for Years. I Know Because I’m One of Them.

MLK50: Justice Through Journalism
Wendi C. Thomas bio

Our Right to Know: Delilah Brumer

In March 2023, I was the editor-in-chief of The Pearl Post, the student newspaper of Daniel Pearl Magnet High School in Lake Balboa, California. Online Editor-in-Chief Alan Ruiz and I published an article headlined “Six water fountains shut off due to high lead levels.” Our reporting, which involved a California Public Records Act request, led our school district to change its water safety standards.

The article was spurred by a tip that the reason several of our school water fountains had been shut off for weeks was because they tested for dangerous levels of lead—and that the Los Angeles Unified School District administration didn’t want anyone to know.

When we received the tip, we immediately started doing research. As we worked to find information about lead in our school’s water, we found a page on LAUSD’s website claiming the district had a public database of lead testing information. However, when we clicked on the database, the link was broken. We then emailed our  district’s public information officer, hoping he could direct us to an updated link or find out if the link would be fixed. Instead, he told us that he could not provide any information.

We filed a California Public Records Act request immediately after that response and kept researching. We also conducted interviews with students, many of whom rely on water fountains throughout the school day. At a Title I public high school with a majority-minority enrollment, these shut offs were clearly having significant effects.

While we waited on a response to our CPRA request, we attempted to interview school and district officials. All of them, including our principal, ignored or declined interview requests. We also found a 2017 California law requiring school districts to notify parents about lead found in school drinking water at a rate of 15 parts per billion or higher.

We began to write our article, while still waiting on a response to our CPRA request. In early March, we received the information we had asked for — 66 pages of lead testing data from across the district. The data showed that at our school, several of the water fountains had lead levels significantly above the 15 parts per billion threshold. One even tested for lead at 65.3 parts per billion.

We also found, through our CPRA request, that since 2018, more than 500 water fountains across the school district have tested for lead at a rate of 15 parts per billion or higher.

Shortly after receiving the records, we published our article. We are proud that our work did exactly what student reporting should do: hold those in power accountable and increase our community’s awareness of school issues. We couldn’t have done this without the state and federal open government laws that protect the public’s right to access information.

The Pearl Post, 3/20/2023
Six water fountains shut off due to high lead levels

The Pearl Post, 10/4/2023
Lead-contaminated water fountains still closed after almost 10 months

2023 Society of Environmental Journalists, Nina Mason Pulliam Award for Outstanding Environmental Reporting, Third Honorable Mention.

Judges’ comments: “What an impressive investigative story by high school journalists who dealt with many school officials attempting to avoid disclosing the high lead levels in many Los Angeles school water fountains. These students deserve this honorable mention for refusing to give up. They persevered and wrote a story that had a deep impact on their audience. They exhibited the tenacity of professional journalists. It wasn’t lost on these judges that these journalists attend a school named for noted journalist Daniel Pearl.”