WHAT IS GOING ON IN THE SHELBY COUNTY CLERK'S OFFICE?

Last week I sent out an email and published a blog posting detailing my frustration with the City of Memphis Auto Inspection process. It seems I hit a sensitive nerve as I got lots of responses. Here are the main points that were made in your replies.

1) There is no need to inspect new cars in the first four years of their use.
2) Why inspect only City of Memphis cars if County cars outside of Memphis are not inspected?
3) The whole process should be done away with as the inspection process is a waste of money and is just intended to create city jobs.
4) Turn the inspection process over to private service stations.

Then I sent an open records request to the Shelby County Clerk’s office as follows.

HERE IS MY REQUEST

Ms. Debbie Stamson, County Clerk
150 Washington Avenue
Memphis, Tennessee 38103
Dear Ms. Stamson,

In accordance with instructions and as a taxpayer of the Shelby County, I would like to inspect the municipal documents in accordance with the Tennessee Open Records Law that contain the following specific information.

1) I want to inspect your records and documents that show how many licensed vehicles have owner registrations at Memphis addresses and how many have addresses outside of Memphis but in Shelby County.The period should be for 2008. I do not need to see any restricted information but only the total numbers for 2008 fiscal period.

2) I want to inspect your records and documents that show how many of the above vehicles have paid the registration fee in the same 2008 period.

I trust that you will inform promptly whatever department and personnel are necessary to make this information and documents ready for my inspection. If you need any additional information or have questions about this request, I am available during working hours at 754-0699.

Sincerely yours,

Joe Saino
6560 Kirby Forest Cove
Memphis, Tennessee 38119

HERE IS THE ANSWER!!

Mr. Saino:

In response to your March 23, 2009 email to Ms. Debbie Stamson, Shelby County Clerk, please take note of the following:

Registration data for 2008 requested by you is not available in any existing record. It is not possible for the Office of County Clerk to indicate how many registered vehicles were in Memphis or in Shelby County outside Memphis during the year 2008. There is no existing record that compiles this information, and it is not possible to generate such a record.

The Office of the County Clerk can provide the total number of registrations, but only as of the date the data is extracted. Only current vehicle registration information is available.

It is anticipated that this information can be provided to you on or about April 6, 2009.

In addition, the Office of the County Clerk can provide information indicating payments to the City of Memphis and the number of registrations paid for in the calendar year of 2008.

This information would also be available on or about April 6, 2009.

In accordance with provisions of the Tennessee Public Records Act, specifically, Tenn. Code Ann. § 10-7-503(a)(7)(C)(1) and Tenn. Code Ann. § 10-7-506(a), you would be responsible for the reasonable labor costs in excess of one (1) hour in producing the information and records you request. Pursuant to these provisions, it is anticipated you would be billed for labor charges in the approximate amount of $240.00. Additionally, you would also be billed for reasonable copying charges in an amount yet to be determined.

If you would like for the Office of the County Clerk to provide the information and records described above, please provide advance payment in the amount of $240.00. Checks should be payable to the Office of the Shelby County Clerk. At the time the information is produced you will be billed for any labor amounts in excess of this plus reasonable copying charges. (If actual labor costs excluding the first hour are less, charges will be adjusted accordingly.)

Any delay in providing advance payment will result in a delay in providing the information described above.

If you have questions please contact me or my paralegal, Edna Ward, who can be reached at (901) 545-3101.

Thank you.

Craig Willis

Craig E. Willis
Assistant County Attorney
Shelby County Government
160 N. Main Street, Suite 660
Memphis, TN 38103
Tele: (901) 545-4917
Fax: (901) 545-4687
Craig.Willis@shelbycountytn.gov

My question to you is this. Am I missing something here? Do they not know how many registered vehicles there are and how many of those registrations have paid the fee? I talked to a local county political figure and was told that they have no computer program recording all this information and they do not know how much tax income they are missing. If anyone has any clarifying information, please let me know. I intend to pursue this issue.