access to records

The New Mexico Human Services Department is citing a law enforcement exception to that state's public records law as the reason it doesn't have to disclose an audit of 15 health-care providers; the audit was passed onto law enforcement, New Mexico In Depth reports. The lawyer for two New Mexico media outlets is arguing in court that this situation could set a "terrifying" precedent because it would "enable government officials to keep otherwise public documents from the public simply by passing them on to law enforcement agencies."

When the attorney for an apartment-building developer sent 52 Right-to-Know requests to a Pennsylvania township, that has not been without costs, the Reading Eagle reports. "Each request has led to minutes, hours or even weeks of digging out records, sending emails or conversing with attorneys - all of it tapping limited resources and money available to the small government entities," the Reading Eagle further reports. (The underlying dispute is over sewerage for the proposed apartments.)

Kim de Bourbon, executive director of the Pennsylvania Freedom of Information Coalition, told the newspaper the answer to those costs is to have documents uploaded onto government websites as a matter of course.

Legislation to amend the five-year-old legislation is currently pending in the Pennsylvania General Assembly.
 

An appellate court has upheld a $8,600 award in civil penalties and attorney fees against the New Orleans Police Department for violating a public records request made by the New Orleans-based Innocence Project, The Times Picayune reported. The newspaper further reported: "the local office of the Innocence Project, a non-profit legal group that seeks to exonerate wrongfully convicted defendants, sued the NOPD earlier this year after it was denied access to investigative files from a 1991 aggravated rape and burglary case. State law requires a response to the request within three days, but 65 days elapsed before City Attorney Sharonda Williams' office responded, mostly denying the request." Violators of  the public records law can face penalties of up to $100 per day.

The Associated Press reports that "a Connecticut judge said Friday that he wants to hear the 911 recordings from the Sandy Hook Elementary School shooting before ruling whether they can be released to the media."The judge set a Nov. 25 hearing on whether the recordings can be sealed so he access them, the AP also reports.

In the wake of the Sandy Hook school shootings, Connecticut has been having a huge debate on where to draw the line between public access to law enforcement records like 911 calls and protecting victims' families from further trauma and further invasions of their privacy. During testimony before a legislative task force, the spouse of one of the adults killed in the shooting suggested a compromise, according to the Hartford Courant: "Bill Sherlach, whose wife Mary was among the six adults and 20 children shot to death on Dec. 14, told members of the Task Force on Victim Privacy and the Public's Right to Know that he's willing to support a compromise: the release of a written account of the 911 calls made that day, as long as the audio is not made public. 'Transcripts can rely all the information that the public wants without having to hear the sounds of a slaughter in the background,'' he said."

There is a current debate in Connecticut on where to draw the line on access t0 law enforcement records like 911 tapes and crime-scene photos and the public's right to know in the wake of the shootings at Sandy Hook Elementary School. An attorney for most of the families of the Sandy Hook victims testified at a legislative task force that they do not want public disclosure of the 911 calls made because of the shooting, The Norwich Bulletin reports. While attorney Morgan Rueckert acknowledged the argument that the media has standards and does not always use the information accessed through right-t0-know requests, '"the reality is, every person now with a computer is an editor, a journalist and a publisher. The law needs to change to keep up and to stay in line with our peers."'

The Republican majority leader of the Pennsylvania Senate is weighing several changes to the state's five-year-old right-to-know law, according to a report from The Harrisburg Patriot-News.

The proposed changes include:

- making state-affiliated universities like Penn State subject to the law in the wake of the Jerry Sandusky sex-abuse scandal;

- controlling the number of right-to-know requests from prisoners (although carving out a class of requestors could create bad precedent);

- making the Office of Open Records an independent agency;

- allowing local governments to deny allegedly "unduly burdensome" requests.
 

AP Editor William J. Kole writes that reason that his news organization requested the tapes of 911 calls made about the school shooting at Sandy Hook Elementary School in Newtown, Conn., is because it would be in the public interest to examine "the law enforcement response to one of the worst school shootings in U.S. history." But, while Kole said a prosecutor's refusal to release the records breaks the law, he also points out that the AP may not use the 911 calls: "It’s journalism’s dirty little secret: Just because we have information doesn’t necessarily mean we’re going to use it."

The Innocence Project of New Orleans is challenging a charge from the New Orleans Police Department to inspect public records, The Louisiana Record reported. The argument in their complaint? "The IPNO cites the Louisiana Constitution, which says that 'no person shall be denied the right to…examine public documents, except in cases established by law' and claims that the fee the NOPD wishes to charge is not legal as it is not a fee for copying, and a requester must be allowed to inspect records for free," The Record also reported.

A legislative task force appointed to give advice to elected representatives on the release of crime scene photos and emergency-call recordings heard testimony that "the news media needs access to as much information as possible -- even gruesome photos -- about Connecticut homicides in order to better inform the public," The Connecticut Post reported.

Meanwhile, a Connecticut legislator, whose district includes the town where the Sandy Hook school shootings occurred, questioned trusting the judgment of the media about releasing such materials. '"The idea of the public's need to know and the public's intrusion versus the victims' rights was obscene, in my mind. Having been there, having observed the behavior of the media was outrageous. To ask me to specifically trust the judgments of the media, I'm not willing to do that,"' The Post reported the legislator saying.