Check this page regularly for a collection of the most interesting and informative articles related to public records issues.

Missouri House bill would allow further testing for St. Louis radioactive waste
Celia Ffrench Celia Ffrench

Missouri House bill would allow further testing for St. Louis radioactive waste

Local governments in the St. Louis area could request radioactive waste testing from the state under a Missouri House bill that would appropriate money to a long-unfunded program. State Rep. Paula Brown, a Democrat from Hazelwood, noted that activists for years told the EPA the agency didn’t have a handle on where all of the radioactive waste was and urged further testing of the landfill. “Well, they have found it. It is awful…so this is an important bill.”

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Letters from the editors: Public records are just that 
Celia Ffrench Celia Ffrench

Letters from the editors: Public records are just that 

Simply put, Vermont’s public records law is intended to ensure that the public — and thereby reporters — have access to documents produced by state or local governments. It seems that some state agencies would want to turn the law on its head, using it as a shield to deny reporters timely access to what should be readily available public information.

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New Hampshire House passes bill that could make public records requests costly
Celia Ffrench Celia Ffrench

New Hampshire House passes bill that could make public records requests costly

Requests for public documents, such as those that unearthed the shady sale of public land in Webster and over-inflated taxes in Nashua, could become pricey under a bill that cleared the House Thursday but will go before lawmakers again next week for reconsideration. The bill allows public bodies and agencies to charge up to $25 an hour for record searches that take longer than 10 hours. Under the existing right-to-know law, local and state bodies can charge for copying records but not record searches.

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Yes, it’s a Florida public record. Good luck getting it.
Celia Ffrench Celia Ffrench

Yes, it’s a Florida public record. Good luck getting it.

Wouldn’t Hillsborough County taxpayers like to know how much of their money the state is holding from an ill-fated transportation tax? We thought so, too — which is why I have been asking state agencies that question for weeks, to no avail. The figure is north of $569 million, but exactly how far north, they won’t tell me. Unfortunately, there’s a big difference in Florida between the open government laws and open government in practice.

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How to Run a Public Records Audit with a Team of Students
Celia Ffrench Celia Ffrench

How to Run a Public Records Audit with a Team of Students

According to the National Freedom Of Information Coalition (NFOIC), “audits have led to legislative reforms and the establishment of ombudsman positions to represent the public’s interests.” The basics of auditing is simple: Send the same FOI request to different government agencies, document how you followed up, and document the outcome. Here’s how [The Markup] coordinated this process with student reporters.

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Jefferson DA charges grieving father $18,000 for public records, leading to lawsuit
Celia Ffrench Celia Ffrench

Jefferson DA charges grieving father $18,000 for public records, leading to lawsuit

Attorneys for a Missouri man say they have filed a lawsuit against Jefferson Parish’s district attorney, who wants him to pay more than $18K for copies of investigation records related to his son’s death nearly seven years ago. The father has blasted the work of sheriff’s investigators, who he says fumbled their work from the very start.
The agency responded that it had more than 37,000 pages of records that would cost $18,535 to receive on paper or $5,560 in a digital format.

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MuckRock survey of FOIA fees points to uneven picture across the US: From $2 in Washington state to $431 per request in Idaho
Celia Ffrench Celia Ffrench

MuckRock survey of FOIA fees points to uneven picture across the US: From $2 in Washington state to $431 per request in Idaho

Most requests filed under state FOIA are relatively narrow in scope, take 20 days or less to compile, and are usually provided to journalists and the public free-of-charge. But for roughly 20% of U.S. public-records requests a fee is charged. Some groups pointed to egregious examples where governments charged exorbitant fees for records, like one state agency in Georgia that estimated that one of its datasets would cost a newsroom $17 million.

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Officials evade public records laws by using privately owned portals
Celia Ffrench Celia Ffrench

Officials evade public records laws by using privately owned portals

This journal article examines government officials using privately owned communication portals to exchange messages, asserting that documents do not become public records if government agencies avoid taking possession of them. This may be defensible under the literal wording of some state public records statutes, but it is inconsistent with the good-government purposes of those laws.

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Access to Public Records Is 'Deteriorating Terribly'
Celia Ffrench Celia Ffrench

Access to Public Records Is 'Deteriorating Terribly'

The ability of people to get records that are supposed to be made publicly available has been “deteriorating terribly,” according to David Cuillier, director of the Brechner Freedom of Information Project at the University of Florida. A nonprofit organization called MuckRock has found that about 10 years ago such efforts were successful about half the time. Today, that’s down to about 18%.

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What are they hiding? Nevada State Agency Quotes High Fees to Bog Down Records Requests
Celia Ffrench Celia Ffrench

What are they hiding? Nevada State Agency Quotes High Fees to Bog Down Records Requests

When the Las Vegas Review-Journal investigated consumer complaints about the Nevada Department of Employment, Training and Rehabilitation, the agency responded to FOIA requests with an initial demand for $650,000. David Cuillier, director of the Brechner Freedom of Information Project, said excessive copy fees are one of the most common barriers people have in accessing their government—only behind delays and arbitrary denials.

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Massachusetts State and Local Agencies Fined for Keeping Public Records Secret
Celia Ffrench Celia Ffrench

Massachusetts State and Local Agencies Fined for Keeping Public Records Secret

A 2017 change in the Massachusetts public records law has resulted in agencies paying out large sums after ignoring or rejecting public records requests. “It sends a message to the government agencies that they can't continue playing games with the public's right-to-know without any kind of consequence,” Justin Silverman, executive director of the New England First Amendment Coalition

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Court Orders DeSantis Administration To Disclose COVID Data and Pay Attorney’s Fees
Celia Ffrench Celia Ffrench

Court Orders DeSantis Administration To Disclose COVID Data and Pay Attorney’s Fees

After two years of denying that detailed COVID-19 data relating to 2021 infections and vaccines existed, and then being forced by a court to turn it over, Gov. Ron DeSantis and the Florida Department of Health have agreed to a settlement that will require the state to disclose coronavirus data on its web site and pay attorney’s fees for attempting to circumvent state public records law.

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City of Detroit Repeatedly Violates State Law on Public Records
Celia Ffrench Celia Ffrench

City of Detroit Repeatedly Violates State Law on Public Records

The city of Detroit has a transparency problem. In a little more than a year, the city has either ignored Metro Times’ Freedom of Information Act requests or taken months to respond, despite a state law that requires records to be produced within three weeks.

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Editorial: On Public Records, State Treasurer Folwell Tells It Like It Is
Celia Ffrench Celia Ffrench

Editorial: On Public Records, State Treasurer Folwell Tells It Like It Is

Public records, accountability and transparency are nothing new to North Carolina's State Treasurer. No matter the political affiliation of those who hold the office, the duties are about access to information and data. It is no small matter that the current Treasurer Dale Folwell - a former Republican state legislator - took time this week to admonish his former colleagues for their subterfuge and secrecy.

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Transparency Group Posts Draft FOIA Constitutional Amendment
Celia Ffrench Celia Ffrench

Transparency Group Posts Draft FOIA Constitutional Amendment

Arkansas Citizens for Transparency on Wednesday (Oct. 11) unveiled an amendment draft that would ensconce the state’s Freedom of Information Act (FOIA) into the state constitution. The move follows Gov. Sarah Sanders’ attempt earlier this year to weaken the FOIA. The draft not only seeks to make the existing FOIA part of the constitution but would better define a public meeting and add harsher penalties for those who violate the law.

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