I came across a couple of things last week about how much open-records laws cost -- both an agency that has to produce records, and sometimes the person requesting records.
People have raised the issue as a problem on both ends of the law. Some say public agencies (read: taxpayers) shouldn't have to pay for people to be "nosy;" others say Pennsylvania's new right-to-know law might discourage people from requesting records because they might have to pay up if an agency takes them to court.
York Daily Record/Sunday News staffer Sean Adkins writes in Sunday's paper that York Township spent $5,700 searching computer records for a township supervisor's e-mails. That's a lot of money, and the search didn't turn up much. The question is, how would you know what's there if you don't ask? And in this case, the requester told the township to stop searching before it spent more money.
Across the U.S., two cases highlighted each side of the issue:
People have raised the issue as a problem on both ends of the law. Some say public agencies (read: taxpayers) shouldn't have to pay for people to be "nosy;" others say Pennsylvania's new right-to-know law might discourage people from requesting records because they might have to pay up if an agency takes them to court.
York Daily Record/Sunday News staffer Sean Adkins writes in Sunday's paper that York Township spent $5,700 searching computer records for a township supervisor's e-mails. That's a lot of money, and the search didn't turn up much. The question is, how would you know what's there if you don't ask? And in this case, the requester told the township to stop searching before it spent more money.
Across the U.S., two cases highlighted each side of the issue:
In Virginia, a woman won an open records case, but the sheriff involved
appealed the fine he received, and a court sided with him -- leaving her with legal bills, according to the Culpeper Star-Exponent. In Washington state, a small town says it may have to declare bankruptcy because of what it owes in legal fees and fines after a court found it violated the state's open records law.
And this issue is on the minds of Pennsylvanians, too, given the state's new right-to-know law. It seems possible, given how the law is set up, that agencies could have an advantage in the appeals process because it they have lawyers on staff and, presumably, money to spend to fight decisions by the open records office.
Some requesters are worried they might be on the hook for legal fees if an agency takes them to court. Check out the discussion on a forum at the Pennsylvania Freedom of Information Coalition's Web site.
And this issue is on the minds of Pennsylvanians, too, given the state's new right-to-know law. It seems possible, given how the law is set up, that agencies could have an advantage in the appeals process because it they have lawyers on staff and, presumably, money to spend to fight decisions by the open records office.
Some requesters are worried they might be on the hook for legal fees if an agency takes them to court. Check out the discussion on a forum at the Pennsylvania Freedom of Information Coalition's Web site.
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