Public information is just that - public. Many folks have heard of the Freedom of Information Act; however, most associate the law with media. While it is primarily used by members of the media, the law was established to make sure public agencies and private agencies funded in part or in whole by taxpayers' dollars are able to be monitored or held accountable for what these agencies are using public funds for.
Sunshine Week was this week. Established in 2002 after an attempt by Florida legislators to create exemptions for some public records, Sunshine Week serves as a time for the media and public alike to make sure agencies subject to FOIA are in compliance with the law.
We spent this week going around Conway and parts of the county to obtain certain documents. Some documents we expected to receive quite easily, while others we thought would be more difficult to obtain. However, all documents requested were subject to the state Freedom of Information Act.
Since we, as members of the media, may be able to obtain certain documents more easily than a normal taxpayer because we know and work with public officials and school administrators on a daily basis, we decided to mix it up a little bit.
We attempted sending reporters to offices in which they had no familiarity with its workers. Besides, we know we can obtain most of these documents when we need them -the purpose of this week and our efforts was to make sure you could.
However, one reporter here, Joe Lamb, can't seem to go anywhere without someone recognizing him. So it is safe to say that next year, even if he has a clever disguise, we'll keep Joe off undercover detail.
What we found was quite surprising. Some documents, as we expected, were provided immediately without fuss, sometimes without any questions as to who we were or why we wanted the documents.
Other documents were more difficult to obtain. Some we've yet to receive. We ran into certain instances where we were asked who we were and for what reason we needed the documents. We gave them our names and told them we wanted the documents either because we were curious or needed the information for a project. Both of which were true.
On several occasions we were told that we would need to file a written FOIA request. Some told us they had five or more days to comply. Others simply told us, "We don't give that out to the public."
Don't fall for these tricks. There is no "official" FOIA request form. FOIA requests can be made verbally or in writing, in person or via telephone or e-mail.
In most instances, the document we were requesting was readily available and should have been provided upon request. In only one instance would the information requested need to be compiled. In that instance, the document holder had three business days to compile the information and provide it to us.
Keep in mind, however, that when going on a public document hunt, one could incur some expense. According to the state FOIA, agencies are able to charge a fee for document compilation or reproduction. However, the law states that the preparer of the documents can not charge excessively. The thought is that the fee should cover the cost of paper and ink or toner. In one instance we requested a 300 page document, and were told that it would cost $1 per page to reproduce. However, another office provided a similar sized document and a CD version free of charge.
Excluding a court case, there isn't a clear way to determine what is or isn't a fair price for document reproduction. If one can't afford to shell out $300 for a document, and that document exists and is on file, one should be able to inspect the document on the premises free of charge. Needless to say, we didn't purchase the document. We just wanted to make sure it was accessible.
Why do we need an open documents law? What purpose does it serve? It serves as an extended system of checks and balances for the people to make sure public agencies and officials are acting responsibly. Keep in mind that without a FOIA law, open government would not exist. We would be in the dark when it comes to many things. Federal and state FOIA laws and Sunshine Week help cast a little bit of light on these things.
A copy of the latest Arkansas Freedom of Information Act handbook can be obtained by the Arkansas Press Association via written request mailed to 411 S. Victory, Little Rock, AR 72201-2932. A digital PDF version can be downloaded at www.foiarkansas.com.
