Sunday, March 21, 2010

Past Executive Director of Ethics Commission destroyed "large number of old files"

I recently submitted a public records request to the Ethics Commission for an opinion issued back in 1990. The complaint at the time was filed by Governor Mabus against Adjutant General Farmer. I received a letter from Tom Hood, the Executive Director, informing me the records no longer existed. The letter stated: "We have searched our records, but we cannot find any complaints or investigative files which are that old."

Mr. Hood continues: "My tenure at the Ethics Commission began in 2003. I am told that several years ago my predecessor had a large number of old files destroyed." Mr. Hood also stated such files are often confidential and can not be released but in this particular instance, the file did not exist. The Department of Archives and they do not have any records of the case either.

Mr. Hood has been a very able Executive Director and is very proactive on the issue of public records. Indeed, there have been times I've thought the wrong brother was serving as Attorney General. His candor and quick response to my request is greatly appreciated. However, the fact a previous director took it upon himself to throw out old files and not leave any record of their existence is troubling, to say the least. Previous opinions can serve as precedent when similar situations occur. In the case at hand, it is simply inexcusable for a Director to destroy all records about a case that received such attention. The issue of public officials using insider knowledge to obtain favorable land deals will undoubtedly arise in the future and his actions should be considered nothing short of delinquent. The Ethics Commission exists to keep our leaders honest, not sweep their sins under the run in the interests of convenience.

5 comments:

Anonymous said...

I don't know about the complaint filed by Ray Mabus against AG Farmer, but I know he was right in relieving Farmer of his duties as the state Adjutant General of the National Guard. Can you share with us why you wanted to see the complaint?

Kingfish said...

You will know soon enough and its not related to any previous subjects. Something new.

Anonymous said...

Records of the Ethics Commission have been destroyed?
Records that K.F. wanted are some of those destroyed?

"Previous opinions can serve as precedent when similar situations occur. In the case at hand, it is simply inexcusable for a Director to destroy all records about a case that received such attention."


I'm inclined to agree with you, but will withhold judgment until you reveal the newest scoop.

In the mean time there is a song with lyrics that fit by LynyRd SkynYrd...."That smell"..it goes
"...Ooh, ooh that smell.
Can't you smell that smell?..."

http://www.youtube.com/watch?v=p6q9nBusrq8

Anonymous said...

Effective in 1981, no one could destroy records without the consent of the Director of Archives and History. Permission was (I think) implicit if the agency had an approved retention policy on file with A&H that specified when certain categories of records would be destroyed.

I'd be really curious if there was a policy on file, OR if permission was given outside of a filing. Knowing Elbert Hilliard, I have a hard time seeing either.

The fine for improper destruction of records isn't that big, unfortunately -- $500-$1000 (§29-59-23), and it doesn't appear to be per-record.

Anonymous said...

I think Tom Hood is the brother in law of AG.


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If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

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