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Published September 08, 2008 10:38 pm -

County seeks a settlement in records lawsuit


By D.E. Smoot
Phoenix Staff Writer

Muskogee County commissioners hope to settle a lawsuit in which the plaintiffs are seeking to obtain copies of county records at reduced rates.

The lawsuit was filed on behalf of a California businessman who collects “current computer-readable assessment database information of real property.”

Roger Hurlbert, doing business as Sage Information Services, alleges the fee totaling more than $1,600 requested by Assessor Dan Ashwood, exceeded the amount recoverable by law.

Commissioner Gene Wallace, District 1, said the copying and reproduction fee requested by Ashwood was in line with the schedule approved by the Oklahoma State Assessors Association during the late 1990s.

Since then, Wallace said, technological advances have made it less costly to reproduce the information requested by Hurlbert. As a result, commissioners authorized the settlement.

District Attorney Larry Moore said the settlement will consist of the county providing Hurlbert with a digital copy of the database requested by Hurlbert and his company at a cost of $50.

“Years ago, it would have taken quite a bit of effort to fulfill that request,” Moore said. “It’s easier today, so we have agreed to the $50 fee, which is pretty much standard today statewide.”

State law authorizes government agencies to recover “reasonable, direct costs of (the) mechanical reproduction” of computer-readable records.”

Court documents filed June 27 by the Tulsa-based law firm representing Hurlbert allege Ashwood’s office is able to provide the information sought by Sage Information Services in about an hour from any computer in the office.

In addition to the fee reduction, Moore said the settlement will include the county having to pay Hurlbert’s legal fees and court costs.

Hurlbert filed similar lawsuits in Osage and Wagoner counties. According to online court records, the Osage County lawsuit settled in February. Litigation in the Wagoner County lawsuit is ongoing.

Reach D.E. Smoot at 918-684-2903 or Click Here to Send Email



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