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Telegraph Herald - Dubuque, IA


 
Tuesday, May 6, 2008
Do you know your rights regarding public records?
Try this 3-question quiz on the law in Iowa

Iowa lawmakers backed away from strengthening public-records law.

A bill won approval in the Senate, where Dubuquer Mike Connolly worked tirelessly to make it happen.

In the House, however, the measure was stripped down to a single (but important) nucleus, subjected to a barrage of complaints and fanciful, scary scenarios by local governments' lobbyists, and finally allowed to die.

The media had a lobbyist or two, too. I guess we were outnumbered.

In my opinion, it is disappointing that the custodians of documents were so resistant to making it easier -- for the public and actually also for government -- to efficiently figure out what documents are and are not public.

Well, you win some and you lose some.

Still, this does not mean the state is without laws concerning open meetings and open records. (It means that violators have an easier time; that's another column.)

How well do you, as a citizen, know your rights on records? After all, the law is exactly the same, whether you are a citizen or a journalist.

Here is a little true-false quiz, based on an advisory issued by Iowa Attorney General Tom Miller.

1) A citizen requesting access to a public record must state why he or she wants to see the record.

2) A person requesting access to a public record must give his or her name and, if requested, show an ID.

3) In denying access to a record, public officials must give a reason.

Here are the answers:

1) False. "Records which are open to public examination must be produced no matter what the reason for the request," Miller states. "The public can examine and copy a record just because it's there!"

2) False -- in most cases. "Members of the public usually should not be required to identify themselves in order to get access to public records," the advisory states.

"However, if a record is only open to certain people for limited purposes (for example, motor vehicle accident records), then the lawful custodian may need to ask for additional information to assure the record is only provided to those entitled to see it."

3) True. Public records may not be withheld without legal authority. "Before access to a record is denied, public officials must have a valid legal reason for denying access to the record," the attorney general said.

By and large, custodians of public documents want to do the right thing. They want to follow the law. They want to cooperate.

Unfortunately, there are also cases where governments break the law -- virtually with impunity. Call it a case of "one bad apple."

We will continue to advocate for greater transparency in government. But as long as it is perceived as a "media issue" rather than a "public issue," lawmakers will have an easier time letting such matters die.

What a bargain!

Our semi-annual tourism section, Myvacationland.com, was in the TH on Saturday, May 3.

The 108-page tabloid is full of fun and interesting things to see and do.

While supplies last, the edition with Myvacationland.com may be purchased for the newsstand price of 75 cents here at the TH.

Cooper's e-mail address is bcooper@wcinet.com.


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