Public Access News of Note: March 16, 2023
A quick look at headlines concerning freedom of access, public information, and other First Amendment issues.
It’s Sunshine Week—a week to increase awareness of the importance of government transparency. Freedom of information laws at the federal and state level are an important tool in keeping government open and accountable. Anyone can file a freedom of information request. Unsure how to do it in your state? Look to resources like the National Freedom of Information Coalition, which breaks down freedom of information laws by state and provides tips on how to successfully request information.
Arkansas legislative committee rejects bill redefining public meetings
A bill to redefine the meaning of public meetings in Arkansas law was defeated by the Committee on State Agencies and Government Affairs in the state’s House of Representatives.
Currently, the Arkansas Code requires all meetings “formal or informal, special or regular, of the governing bodies of all municipalities, counties, townships, and school districts and all boards, bureaus commissions, or organizations of the State of Arkansas, except grand juries, supported wholly or in part by public funds or expending public funds” to be public. This means that any meeting between two public officials discussing business must be publicly accessible.
House Bill 1610, sponsored by Rep. Mary Bentley, would have amended the open meetings statute to specify that meetings only needed to be publicly accessible if a quorum of members were present.
According to Arkansas Online, Berry said the bill “was needed to make it easier for local lawmakers to meet to conduct business.” Berry also claimed the change would bring the state “in line with how 47 other states regulate public meetings.”
Virginia Open Government Report: State Agencies Not Complying with FOI Info
According to a report from the Virginia Coalition for Open Government, less than 12 percent of the state’s 114 agencies provide information about rights and responsibilities under Virginia’s freedom of information law on their websites.
The Virginia Freedom of Information Act (VFOIA) requires all public bodies post a “plain English explanation of the rights of a request” and the “responsibilies of the public body in complying with [VFOIA]” on their websites. The law further requires state agencies post the contact information of their FOIA officer, descriptions of the list of public records each agency maintains ad exemptions to them, its policies for withholding exempt records, and a statement about fees the law allows agencies assess to fill requests.
According to the Williamsburg Yorktown Daily, the report found 85 percent of state agency websites posted information about costs associated with requests, but only 12 percent of websites used up to date language. “A combined 72% of websites either quoted outdated language or merely paraphrased the current statute.” the Willuamsburg Yorktown Daily reports.
The report also looked at public colleges and universities in the state and found only 7 directly linked to VFOIA language about rights and responsibilities.
Read more from the Williamsburg Yorktown Daily.
Read more from the Virginia Coalition for Open Government’s report.
Other Stories of Note
NBC Philadelphia examines the trend of states moving to shield the personal information of some elected officials amidst threats and attacks, a move that balances security with transparency and may make it more difficult to determine whether officials are complying with residency requirements and paying taxes. Read more here.
The Society of Professional Journalists recently released a list of what it considers to be the top 10 most urgent threats to freedom of information. Among them are pieces of legislation currently pending in multiple states.
The Tulsa City-County Library system is warning that a bill the state of Oklahoma is currently considering would impede open access and freedom of information. The bill would require public libraries to inventory its roughly 1.2 million materials and create a rating system for material and require the library to place material deemed inappropriate for children under 18 in a section of the library accessible only to library staff. That material would only be accessible to people under age 18 with written consent from a parent or guardian. Read more from Tulsa World here.
Public Experience with Public Records Laws survey: As more Americans than ever file public records requests, we’re looking for information on how the public interacts with freedom of information laws. Whether or not you’ve ever filed a request, consider filling out our survey and share your impressions of how well current freedom of information laws work.