Bill provides records access help

 Residents, officials would be aided by public counselor

 By LE TEMPLAR
TRIBUNE
2/20/05
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CONTACT WRITER:
(602) 542-5813 or ltemplar@aztrib.com

   Scottsdale resident Jane White often felt she was fighting alone against an army of government bureaucrats as she battled to change the route of Loop 101.
   When White became an activist in 1986, she wanted to see documents that explained how state and local transportation officials were designing Valley freeways, and how they planned to spend millions in tax dollars. But unfamiliar with Arizona’s open-records law, White said she would just walk away when someone told she couldn’t have those documents.
   Now, a state lawmaker wants to create a state office that would provide legal advice to residents and government officials about what the open-records law means. White told a Senate committee last week she wished she had had that option 20 years ago.
   "The citizen does not have legal representation against his government, it’s that simple," White said. "This concept sounds like a dream come true."
   But the future of the proposed public-access counselor as outlined in SB1499 is in doubt.
   The idea has come under attack by some government agencies and there’s been a flurry of questions from lawmakers. Sen. Dean Martin, R- Phoenix, the bill’s sponsor, last week delayed a committee vote to avoid a possible defeat.
   Martin has been working for nearly two years with several media and journalist associations to address concerns over public-records access and open-meeting processes. In January, a statewide survey coordinated by the state’s major newspapers indicated police departments and other municipal agencies failed to comply with the law about half of the time and often confused or misinterpreted the law.
   Currently, the only recourse for those denied information is to go to court. SB1499 would provide another option, advocates say. The bill would provide $250,000 to hire an attorney and another employee for the State Library, Archives and Public Records agency. Those positions would help the public and government agencies work through requests for access to public information.
   The proposal is modeled after a similar law that has existed in Indiana for almost 10 years. The public-access counselor there provides free legal advice to residents and government officials about whether records should be released.
   The opinion isn’t binding, so the government agency can still refuse to release a requested document.
   But the counselor’s opinion can be used in court if the person requesting the information sues.
   Indiana officials say the public-access counselor has resulted in fewer lawsuits and less friction over access to government information.
   But critics say the Arizona bill is flawed because it doesn’t force government agencies to follow the recommendations of a public access counselor.
   Sen. Jake Flake, RSnowflake, said the bill would expand state bureaucracy without any real benefit for taxpayers.
   Amelia Cramer, an assistant Pima County attorney, testified that government officials already get advice from their own lawyers.
   Smaller agencies also can seek help from counties or the state attorney general, so a new office would be a waste, Cramer said.