Proactive Disclosure of Government Records
State and local governments should take steps through legislation and regulations to proactively disclose government records to the public. Proactive disclosure ensures transparency and assists the public with timely and free access to information. Read More >>
Guiding Principles re Fees for Open Records Requests
Although government should be obliged to provide access to records reflecting its dealings, it should also be permitted to charge reasonable fees to recover, if only partially, the costs associated with processing disclosure requests. “Reasonable” fees are those directly related to the processing of a request, and which are not so exorbitant as to discourage requesters from exercising their right of access. Read More >>
Records Management re Physical Record Stored Off-Site or Electronic Records
Many physical records are now stored in off-site locations, which are not easily accessible by the [public body] to which they belong. This, in turn, can lead to significant and unacceptable delays in responding to [freedom of information act] requests. It is therefore necessary for the legislature to establish appropriate procedures to ensure that the people of [state] receive timely responses to their requests. Read More >>
States Should Not Limit Open Records Requests to State Citizens
Barring non-state citizens from the open-records process offends the people’s foundational right to access government information. The fact a potential requester lives in a different state should not determine his or her ability to request public records. State policy choices often have impacts beyond a state’s borders. More importantly, first principles of good government, such as ensuring accountability for decision-making, counsel in favor of broad access to public records. Read More >>
State Disclosure of Federal Guidance
State governments should increase transparency into federal guidance documents received by state agencies. The federal government is unlikely to continually require proactive disclosure of such sub-regulatory guidance, so states should take the lead in ensuring openness into what frequently borders on “secret law.” Read More >>