The Daily Home continued its tug-of-war with Talladega Water and Sewer Board attorneys on Monday in pursuit of public records pertaining to the operation of the water system and water quality issues the board has faced since 1995.The Alabama Department of Environmental Management officially closed the city's Grant Street well in June and ordered that the well remain closed until further notice. The newspaper has been investigating what led to that closure but has been met with delays in the release of those records.
The well was shut down shortly after The Daily Home reported that water from the well exceeded the U.S. Environmental Protection Agency's maximum contaminate level (MCL) for tetrachloroethylene, also known as PCE.
Long-term exposure to PCE, above contamination levels set by the EPA, has been known to cause liver problems and increase the risk of cancer in laboratory animals.
The latest request from The Daily Home centers on minutes to all board meetings from 1995 to the present. The initial request came Sept. 8, after it received copies of records it reviewed the following week. So far, the newspaper has yet to receive word on whether or not those records will be released.
Environmental regulations mandate that any records involving water quality or the operation of the water system are to be made public, and the newspaper maintains that the minutes fall under those requirements.
In a letter e-mailed to board attorney Charlanna Spencer of Montgomery from The Daily Home, the newspaper requested all regular and special called board meeting records since 1995.
"We understand the Talladega Water and Sewer Board is faced with a class action lawsuit which you and perhaps others must defend in court, but that should have no bearing on the timely accessibility of public records outlined in both state and federal regulations," the request to Spencer stated.
Shortly after The Daily Home reported the PCE contamination of the Grant Street well, water customers filed a class action lawsuit against the Talladega Water and Sewer Board.
The Daily Home requested board meeting records one week ago, because they are believed to be the best kept documents pertaining to the operation of the water system, as well as water quality issues the board has faced since 1995.
The Daily Home asked that it be allowed access to board minute records by Thursday of this past week. The newspaper wanted to review and copy selected board meeting records.
On Tuesday, Sept. 9, Spencer responded to the request, via Pell City attorney Elizabeth Parsons, who represents The Daily Home.
"With regards to the attached document request, the board is not in possession of the documents requested," Spencer wrote.
At the request of The Daily Home, Parsons repeated the request to review board minute records on Wednesday, Sept. 10.
"The Daily Home is requesting minutes of all regular and special called board meetings from 1995 to the present," Parsons wrote. "The public is entitled to any records or reports pertaining to the quality of water or the operation of the water system.
"The minutes, which the board does maintain, pertain to the quality of water and the operation of the water system," she wrote. "Please advise me when the water board will furnish the requested records. If the minutes are no longer in the board's possession, please advise who has those records so my client can direct its request accordingly."
Talladega Water and Sewer Board general counsel Jake Montgomery was forwarded copies of correspondence from both Spencer and Parsons.
As of Monday, neither Montgomery nor Spencer had answered The Daily Home's second request for public records review or its query about who was in possession of board minutes.
The Daily Home called both Spencer and Montgomery Monday for comment, but secretaries for both attorneys said they were unavailable for comment. Messages were left for both attorneys to contact The Daily Home for comment, but neither attorney did so Monday.
Parson also attempted to reach both attorneys on Monday to find out who was in possession of the Talladega Water and Sewer Board minutes, and whether The Daily Home would be allowed to review those records.
"Please contact me regarding my client's request to review and copy the water board minutes," Parson wrote in a letter faxed to both attorneys on Monday.
Last month, The Daily Home made its initial request for records pertaining to the Grant Street well. The request was made 25 days ago, and while the newspaper has some, it does not have all documents requested.
Daily Home Editor and Publisher Carol Pappas said Monday, "It is inconceivable that we cannot even get a returned phone call on this to us or our lawyer.
"The request has been made for public documents concerning the quality of water and the operation of the city's water system. If they can't produce the documents, we certainly deserve an answer about where they are."
