[nfbmi-talk] Fw: we own public records

David Robinson drob1946 at gmail.com
Tue Mar 24 13:48:02 UTC 2015


----- Original Message ----- 
From: joe harcz Comcast 
To: David Robinson NFB MI 
Cc: terry Eagle 
Sent: Tuesday, March 24, 2015 7:59 AM
Subject: we own public records


Go ahead and ask to see public records — you own them

By John Wisely, Detroit Free Press 11:13 p.m. EDT March 21, 2015

DFP Wisely FOIA Colu.JPG

 

Public records are your records — don’t hesitate to see them.(Photo: Jim Mone/Associated Press)

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Behind the counter of auto repair shops, you'll see signs, bolted to the wall, explaining

your rights

to a written estimate, an itemized bill and the chance to inspect replaced parts.

 

But when you walk into many government offices where public records are kept, your rights don't appear in 3-inch type. Maybe they should. Those rights are

just as real — and often, more important.

 

Luckily, some help is on the way July 1, when amendments to the

Michigan Freedom of Information Act,

or FOIA, take effect.

 

Local governments won't have to put up billboards explaining FOIA, but they will be required to create a public summary of their procedures under the law

and post it on their website or provide free copies.

23/B9315936651Z.1_20150123222056_000_GHQ9OUKG0.1-0

 

DETROIT FREE PRESS

 

A how-to guide to Michigan's Freedom of Information Act

 

So when you walk into your local police department, city hall, school administration building or a similar government building, you can at least learn quickly

what your rights are. If you're not sure what the procedure is to access public records, just ask.

 

The new law also caps copy fees at 10 cents per page, imposes penalties on public bodies that violate the law and reduces fees when deadlines are missed.

 

The FOIA was passed in 1976 and is based on the premise that the public is entitled to see its own records. Remember, you already own these records.

24/B9315977368Z.1_20150124211707_000_GAH9OPLAH.1-0

 

DETROIT FREE PRESS

 

One step forward, but FOIA still needs fixes

 

Through your taxes, you've already paid for the paper they are printed on, the file cabinets they are stored in, the offices that house them. You also pay

the salaries and benefits of the people who compile and care for those records. They work for you.

 

That's why a lack of access can be so frustrating.

 

Imagine if you kept your old tax records in a file drawer in the basement. One day, you wander downstairs to review them, and your adult son who lives down

there, bars you from entering. Then he tries to charge you to open the file cabinet.

 

You'd probably remind him who owns the house, who pays the heat bill and who earned the money that is recorded in those tax filings. It's the same thing

with government records.

 

You're not imposing by asking to see them. Our whole system of government is based on the consent of the governed and that consent must be an informed one.

 

As journalists, we exercise our rights under FOIA all the time. But those rights apply to everyone. Last week was Sunshine Week, a national effort to highlight

transparency, or the lack of it, in government.

 

On Thursday, the Free Press hosted a forum on FOIA to help people learn how to use the law. We were pleasantly surprised by the number of people who wanted

to attend, and we had to limit it to about 50 because of space limitations.

 

These were curious people, anxious to know how to access government records. It included at least three attorneys wanting to learn more about the law. Two

men drove more than two hours to be there. Others were already involved in efforts to access public records.

 

The appetite for information is there.

 

But FOIA also can be abused and changes to the law gives local governments some leverage, too. They can demand a 100% deposit on requests made by people

who agreed to pay for previous requests but then walked away. They also can add fringe benefit costs to the labor rates they charge.

 

When the Free Press wrote about

changes

to the law in January, Warren Mayor Jim Fouts called to recount horror stories of people who use the law to harass public officials. He once received a

FOIA request demanding to know the contents of his office wastebasket.

 

I understand Warren politics. People who run for office there should be required to sign the concussion awareness protocol. I can also understand Fouts'

frustration with political enemies who pretend city workers have nothing else to do than answer FOIA requests.

 

But political shenanigans don't justify limiting access to public information. If right to know isn't being honored, maybe it should be bolted to the wall.

 

John Wisely is a Free Press reporter. Contact him at 313-222-6825 or jwisely at freepress.com.

 

Source:

 

http://www.freep.com/story/opinion/contributors/2015/03/21/foia-michigan/25117017/



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