In recent legal proceedings, Moultrie County Supervisor of Assessments, Ms. Barringer, faced allegations of violating the Freedom of Information Act (FOIA) in response to a request from Zillow, Inc. The FOIA violation, stemming from Zillow’s request made on August 26, 2021, and resubmitted on September 15, 2021, will potentially cost Moultrie County taxpayers over $50,000.
Zillow requested detailed property information from the 2020 assessment file, but only received data for 10 out of the 15 categories. The absent information was stored by Vanguard Appraisals, Inc., an external company handling County data since 2011. Due to the Assessor discontinuing the subscription to Vanguard, there was a $2500 fee required to retrieve the additional data.
In an effort to adhere to FOIA, the Assessor’s office proposed transferring the $2500 processing fee to Zillow, even though historically the office had provided public records at no additional cost. Both the Moultrie County State’s Attorney’s Office and the Public Access Counselor at the Illinois Attorney General’s Office concurred and advised Ms. Barringer that the Assessor was prohibited from requiring Zillow to pay more than the statutory maximum cost of $100.
In court proceedings, the Assessment Office and Moultrie County were ordered to produce the requested records. Zillow is entitled to attorney fees and costs of at least $48,324.42. This number may be higher if more fees are incurred before this case is completely resolved. As of today, we don’t believe the Plaintiff has received the data. The court has yet to decide on a potential civil penalty ranging from $2500 to $5000. The case, ongoing since August 2021, prompts critical questions about the County Assessor’s office and the County Board’s oversight.
Key questions include:
- The Board’s awareness and notification of the case, its financial implications, and its failure to inform the public.
- Was the potential payout considered in the County Board’s budget and levy decisions? i.e. $200,000 is levied for Tort and Liability vs $0 for the prior 2 years.
- Ms. Barringer’s decision not to pay the $2500 fee from her budget posed a significant financial risk to the county, yet a $7,724 (14.23%) raise was awarded to Ms. Barringer — despite awareness of the case among some County Board members.
- The hiring of Shelby County State’s Attorney Robert Hanlon for the defense, raising questions about the associated costs.
For further details on the legal proceedings, refer to the Memorandum Order on the Plaintiff’s Complaint, signed by Circuit Judge Dana Rhodes and the Petition for Attorneys’ Fees, Costs, and Civil Penalties.
Moultrie County Democrats 