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On Feb 13, 2008 2:16 PM, Gerry McFatridge <[log in to unmask]> wrote:
> Steve, which do you think happens more often:
>
> 1. citizens engaging in allegedly frivolous FOIA requests
>
> 2. governmental agencies doing everything they can to avoid/ignore
> complying with the FOIA laws (in letter and spirit) applicable to their
> jurisdiction
>
>
> My guess is the latter.
>
>
I'll have to disagree. I believe it is a little bit of both. Over the past
10+ years I ve posted a variety of stories by the AP when they investigate
how state FOIA/Open Records laws are applied. In most cases that I remember
the public employees questioned why someone would want the records request.
The usual result was that the public entity promised to implement training.
With the threat of identity threat out there I suspect in that many public
servants are questioning the requests to determine why the records are being
requested. In most cases it is a reporter or an individual who believes the
government is up to no good. Also there are folks out there who file FOIA
requests just to see what they can get from the government sort of like a
fisherman or hunter who comes back with their prize and says "hey guys! look
what I got!" No real purpose just want to say so.
Now for a real life example. The Roanoke Times newspaper last year requested
a listing from the state of folks who had concealed carry weapons permits in
Virginia and lived in the Roanoke area. They newspaper then published the
entire list. Why? because they could. no real reason for requesting the
list, no study was done, but what did happen is that they also released
names and addresses of women who were hiding from abusive husbands.
My point is that both sides of the equation have certain responsibilities.
The requesters have a responsibility to use the records they receive in a
reasonable responsible manner. Those who are responsible for maintaining the
records must comply with the laws as written. They must not try obfuscate or
hinder the production of the records, at the same time those requesting the
records need to learn that how records are filed may not be in the manner
they ask for them.
Gerry since you appear to work for a local government entity what is your
experience there with open records requests. from your remark are saying
that your organization purposefully hinders or avoids trying to comply with
your states' FOIA?
--
Peter Kurilecz CRM CA
Richmond, Va
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