Tuesday, February 14, 2012
Arkansas Media Getting serious about the public records law
Posted by Max Brantley on Tue, Feb 14, 2012 at 7:04 AM
I can't judge this case, but I do believe that public officials will continue to play games with the Freedom of Information Act if there are never consequences for those who act in bad faith.
So, this case developing in Fayetteville could be important.
Marilyn Heifner, executive director of the Fayetteville Advertising and Promotion Commission, has been placed on paid leave while a prosecutor investigates whether she violated the FOI. The Northwest Arkansas Times had asked her about a deal to sell the old postoffice in Fayetteville. She was, to put it mildly, not fully forthcoming. Her fallback is that she fully complied once she received a written FOI request. The law does not require a written request for public documents.
FYI: The law wasn't written for reporters. It was written for the public — every citizen of Arkansas.
PS — All references here are to the Arkansas FOI law. The federal law is more complicated and, as reader bopbamboom noted, it DOES require written requests for records.
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I should post the email exchange between me and the city of LR's HR department over "discovery" that Tracy Roark (head of LR Animal Services) lives in Bigelow (oooops, now everyone knows!), not Little Rock.
Finally, I said the phrasing right (which is ridiculous) and they gave me the information. Next time, I'll just sue the bastards and file a criminal complaint as well. Max is right. We need to make examples of a some of these public servants.
Just what is the "right phrasing"? I often want to request public information but don't know what to say when I ask.
Just run gov't like a business.
Tax payers are your boss, when boss asks anything about anything related in any way to the business quickly give the boss the most accurate and complete information to the best of your ability or you are fired.
Just run gov't like a business.
There isn't any RIGHT PHRASING. That is the point here. I mocked the HR director after the fiasco was over. I told her, "I didn't know I had to say pretty please with sugar on top?"
Here is a link to the Arkansas Press Association's Guide on FOI: http://www.arkansaspress.org/publications/…
Here is the law: http://www.arkansasag.gov/pdfs/foia-ocr.pd…
BeerforBreakfast---Do I know you? You posted something the other day that looked like it came straight from my keyboard. :)
In this day and age all public information / records should be posted and archived in perpetuity on the internet... as instantly and simultaneously as it is saved on any hard drive or email. There should be NO such thing as government secrecy and no delay. And there should be no editing or removal of anything. Perhaps most importantly these extra-governmental privateers like Advertising entities, Chamber of Commerce and private contractors should all have the same rule as government if thy so much as take a nickel in public monies.
The Stephens Media part of our local wrap-around paper didn't mince any words:
Marilyn Heifner Should Resign
WHAT’S THE POINT? Marilyn Heifner’s dishonesty disqualifies her from serving in a position of public trust.
Posted: February 12, 2012
"Executive director Marilyn Heifner lied when asked if the Fayetteville Advertising and Promotion Commission had received a counter-offer in its bid to lease or buy the old post office in the town square.
She should resign. Failing that, the commission should fire her.
You see, the document Heifner possessed, but refused to release to a Northwest Arkansas Times reporter, was legally disclosable to the public through the state’s Freedom of Information Act. She knew that, but instead of releasing the document as required by law, she said she didn’t have it. Then she claimed she’d “found it on her desk.” Then she admitted she had it all along, but didn’t want it to become public.
Think about that for a moment: Heifner, a public official, didn’t want a legally public document to become public, so she pretended she didn’t have it.
How can she be trusted with other public business?" ....
--Feb 12
http://www.nwaonline.com/news/2012/feb/12/…
My observation from afar is that the City of Little Rock is about the worst in the state in trying to circumvent the FOI Act. Believe me, a city rarely gets in trouble for what it reveals as long as it is trying to conduct business in an honest way. An attempted coverup will get you every time.
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