Spring Break
Accessing public records, a difficult problem
Greg Gentile
Issue date: 11/6/09 Section: News
|
Howard Merten, attorney and partner for Partridge Snow and Hahn, opened the presentation titled "Police Records: Privacy v. Right to Know" by discussing how the right to public records first began and the reasons behind it.
Merten explained the Freedom of Information Act's creation, its implications and that Rhode Island was the 49th state to pass such a law.
"I come with a bias because I represent[ed] the press for all these years," Merten said. "[I am] firmly committed to the idea that openness in records is important in our democracy."
There are 23 exceptions in the Rhode Island statute for reasons to withhold information, such as if a victim was a minor or in cases of sexual assault.
Merten addressed three basic problems with the access to public records in Rhode Island. He said the statute itself is flawed and in his perspective about 80 to 90 percent of the battle on public access is fought over two exemptions, the personnel and law enforcement exemptions.
"Rhode Island has, in my estimation, an absolutely horrible personnel exemption," Merten said.
Personnel exemption is when any records identifiable to an individual are exempt such as an employee's salary.
The second problem is the requestors, Merten said.
"I've noticed over the last 20 to 25 years of my practice the requestors have become less vigorous in pursuing these requests," Merten said.
Merten said the third problem is that public officials need to know what records are public and what's not. He said sometimes when requestors ask for a certain record the public official may say it is not public even though it is.
"They just don't know the statute," Merten finished.
Chief of the Open Government Unit at Rhode Island's Attorney General's office Michael Field said documents are made public on a case-by-case basis.
Viewing Comments 1 - 1 of 1
Robert Looby
posted 11/07/09 @ 9:35 PM EST
The custodial responsibility of public records should be assigned to the Sec. of State. In Rhode Island I would think the volume of records created would be less than many cities in some states. (Continued…)
Post a Comment