A bill authorizing two additional state employees to help mediate disagreements between those who are seeking public records and government agencies and school districts was signed into law June 21 by Governor Napolitano.
The bill, S1407, appropriates $185,000 from the state general fund to the Office of the Ombudsman-Citizens’ Aide Office to hire two new employees to help investigate citizens’ complaints of government agencies’ refusal to comply with public access laws.
Primarily sponsored by Sen. Robert Burns, R-9, the bill would also expand the office’s role from handling complaints against state agencies to include cities, counties, municipalities and school districts, said Patrick Shannahan, the state’s ombudsman-citizens’ aide.
“It’s not a big part of what we have done so far,” he said. “They want us to take a larger role.”
Obtaining public records from government agencies can be difficult and intimidating, said David Morgan, a Sierra Vista resident attempting to establish two newspapers that closely follow government activities in Cochise County.
First, agencies are not forced by law to respond to requests for public records and often do not respond in order to avoid creating a record of their refusal. Other times they supply only portions of the data requested, he said.
Mr. Morgan filed a special action against the city clerk of Sierra Vista in April after he unsuccessfully sought a year’s worth of “copies of e-mails, memorandums, letters and written correspondence of any and all types and notes and/or transcripts of conversations” between Sierra Vista City Council and all members of the city management and supporting staff.
Soon after, Sierra Vista filed a special action against Mr. Morgan, asking a judge to determine that his request was too onerous, too costly to carry out and much too vague. And they also wanted Mr. Morgan to pay for their legal fees.
“The reality is they’re trying to scare away requestors,” said Mr. Morgan. “And it works.”
Confrontations between citizens and agencies could be minimized by the legislation, said Mr. Burns, who also was responsible for crafting the legislation that created the Office of the Ombudsman-Citizens’ Aide in 1995.
“If you get a third party involved to work out the wrinkles you can prevent the necessity of going to court,” he said. “That (court) puts a pretty big financial burden on both sides.”
Confusion on the part of government employees, who often do not know if they are improperly releasing protected information, could also be alleviated by expanding the office’s educational role, said Mr. Burns.
“I think it’s a problem not only for the citizens but the agencies as well,” he said.
Mr. Shannahan said that his office rarely has handled citizen complaints about difficulties accessing public records, but not frequently enough to discern if state agencies have shown a pattern of unlawfully turning down requests.
“We’ve had a few that we’ve looked at that have come out on both sides,” he said, regarding where fault usually lies in conflicts regarding records.
The added responsibilities of the Office of the Ombudsman-Citizens’ Aide presented by S1407 do not stir up any apprehension among staff, said Mr. Shannahan.
“We work for the Legislature,” he said. “We’re just happy we got the appropriation for the mission.”
Before reaching the governor’s desk the bill enjoyed overwhelming support among senators who voted 27-2 to pass the final version on June 21.
With five current employees, making room for two new employees is going to take some effort. Technology infrastructure, such as more phone lines and computer improvements will also be needed, said Mr. Shannahan.
The office currently handles about 20 calls a day for inquiries about all the state departments and agencies. The upcoming jurisdiction expansion as a result of the passing of S1407 should not overwork the office, he said.
“I don’t think we’re going to be overwhelmed with hundreds and hundreds of calls a day,” he said. “Each and every call doesn’t require an investigation, just some coaching about the process of exercising (citizens’) rights.”
Opponents
Sen. Jack Harper, R-4, said his opposition to the bill stemmed from what he perceived as the Legislature’s willingness to fund everything imaginable.
“We now have a government program for everybody, including privately owned newspapers,” he said. “My opposition is not about ruining open government it’s about controlling government spending.”