Denial of public records requests could turn costly

By Ann McBride
Arizona Daily Wildcat
January 19, 1996

Phoenix - State lawmakers are trying to deter stonewalling of public records requests by hitting agencies who deny access where it hurts the most - their pocketbook.

New public records legislation introduced by Representative Susan Gerard, R-Phoenix, would require agencies found by a court to have wrongfully denied a person access to public records to pay all legal fees involved with the suit.

Gerard brought the bill forward after being approached by members of the media who complained of the many roadblocks involved in gaining access to public records. She said the new bill would make legislators "a little more honest" in acquiescing to reques ts for public records.

Current law allows a court to award attorney fees if an agency acted in "bad faith," said Philip J. MacDonnell, an attorney for the Arizona Newspapers Association. He said this litigation has proved to be a slow and expensive process because agencies are quite creative with theories and assertions as to why access was denied.

He said the purpose of the legislation is to encourage government officials to change their approach to public records to one of "when in doubt ... turn them over."

He said this is seen "less and less" as companies choose to litigate the issue rather than allow access.

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