State senators swiftly reminded U.S. Senator Jon Kyl of their support for open government laws after the senior Republican admitted to secretly withholding legislation that seeks to strengthen the Freedom of Information Act.
Sen. Karen Johnson, R-18, and nine other Republican and Democrat senators sent Kyl a letter expressing their support for the Open Government Act and to “point out how seriously our state views the public’s right to information.”
“One of the most effective ways to control government and ensure agencies are dedicated to serving the public rather than the bureaucracy is to guarantee broadest public access to government information… Just as our state law has been strengthened by amendments through the years, we also believe it is time to strengthen the federal FOIA again,” the letter reads.
Following a vociferous campaign to expose “Senator Secrecy” led by the Society of Professional Journalists, Kyl on May 24 admitted to anonymously withholding the U.S. House-passed bill which said he opposes because of “uncharacteristically strong” objections raised the U.S. Department of Justice.
The bill provides a number of substantial changes to existing federal public records laws, including the awarding of attorneys’ fees to requestors when it is found the government has improperly withheld information.
Agencies would also be required to give notice within 20 days if they will comply with requests and would create a federal office to review and revamp FOIA policies.
Local attorney calls Kyl move ‘ironic’
Craig Morgan, a First Amendment lawyer that assists the Arizona Newspapers Association, said Kyl’s use of an existing Senate rule that allows members to anonymously request the party’s Senate leader or secretary to withhold legislation — in this case a public records bill — is a “little ironic.”
He’s enthused about the included attorneys’ fees provisions. Such a move will help both newspapers and citizens that often do not have time and money to wage court battles to force the release of public records.
“Theoretically it will discourage these government agencies from playing the ‘we’re the government and you’re the small newspaper card,’ ”Morgan said. “They’ll think twice before doing that and that’s a good thing.”
The attorney said he has had his own difficulties with FOIA requests. He said he’s been waiting for a year for information relating to immigration issues to assist him with a current case.
Morgan said he is also intrigued by the fact the bill will create the Office of Government Information Services to review FOIA policies and speed the process, but he wonders if a 20-day deadline for agencies to determine if they’ll comply with a FOIA request is practical given the enormity of the federal government.
“You just don’t send them John FOIA and they come out,” he said. “Agencies have to talk to agencies and the bureaucracy could put a big cog in this thing.”
The names of Sens. Paula Aboud, D-28; Tim Bee, R-30; Ken Cheuvront, D-15; Jake Flake, R-5; Ron Gould, R-3; Linda Gray, R-10; Leah Landrum Taylor, D-16; Thayer Verschoor, R-22; and Jim Waring, R-7, appear on the May 24 letter to Kyl.