Sunshine Week

It's Sunshine Week, a national observance of the importance of public records and open government.

Sunshine Week occurs each year in mid-March, coinciding with James Madison's birthday, March 16 (1751). Madison, one of our country's founding fathers and an advocate of open government, presented the first version of the Bill of Rights to Congress. He was later elected the fourth president of the United States.

Sunshine Week, observed this year from March 10-16, highlights the importance of open government and the dangers of excessive and unnecessary secrecy.

Public records and public meetings are held by public entities. It's important to make that distinction. For example, the financial records of a public school, such as New Rockford-Sheyenne or Carrington, are public record. The financial reports of a private school or a for-profit business are not.

In addition, quasi-public and tax-exempt organizations must make annual returns and exemption applications filed with the IRS available for public inspection and copying upon request. Rule of thumb: if public funds (i.e. taxpayer money) are involved, documentation of how that money is received and spent is public record.

Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to open records from any federal agency. In addition, each state has open records and open meeting laws that outline which records must be made available and which are exempt for privacy, national security or other reasons.

According to the Reporters Committee for Freedom of the Press, "North Dakotans have some of the most comprehensive open records and open meetings laws in the nation. Under North Dakota law, all records of public bodies are open for inspection by anyone, and all meetings of public bodies are open for attendance by anyone, unless there is a specific statutory exception." (https://www.rcfp.org/open-government-guide/north-dakota/)

Open records and open meeting laws guide journalists' work. Here at your local newspaper, we often request public records from city, county and school officials when writing articles of local interest.

Generally speaking, when we request information from a local entity, we receive the information we ask for in a reasonable amount of time.

However, we have run into instances where an official delays the request or asks that we pay hundreds of dollars to have copies made of the requested records.

I once asked a public official for copies of electronic communications sent among their board members about a controversial local topic. I was told it would cost $1,800 for them to review all the relevant communications in that timeframe, redact any sensitive or confidential information and provide paper copies. When I asked for electronic copies, I was told that was not possible due to the heavy redaction required.

Even though there are instances where government isn't forthcoming with information we seek, we are quite fortunate here in North Dakota. I want to share one story that illustrates the state of affairs with access to public records in our country.

Aaron Gordon, a senior writer for Vice (www.vice.com) sent an identical public records request to 136 police departments across the country, in cities small and large. He simply asked for data on how many Kia/Hyundai vehicles were reported stolen in a particular time period, which isn't controversial or private whatsoever.

As Gordon explains in his article, "Stolen vehicles are incredibly common types of police reports and there are federal standards for how such reports should be logged. (For those curious, I had to file the requests city-by-city because vehicle manufacturer is not included in aggregate statistics publicly posted by most departments.) Also, I was not asking for any potentially private information that would need to be reviewed for possible redactions. In theory, this was a basic request that most police departments should have been able to complete with minimal effort."

After four months, Gordon had only received the information he requested from half of them! Some refused to release the information, stating he had submitted the request incorrectly, or that the records did not exist. If that isn't alarming enough, 51 of the departments did not respond AT ALL. More than a third simply ignored Gordon's request.

Despite setbacks, your local newspaper staff will continue to attend public meetings and seek access to public records to inform you, our readers, about what our government is doing.

"Research shows that freedom of information improves people's lives and encourages government to be more accountable, cost-effective and honest," said David Cuillier, director of the Brechner FOI Project, the organization leading Sunshine Week activities across the country this year.

That said, Sunshine Week isn't just about, or for, journalists. Yes, we are more likely to make a Freedom of Information request to a public entity in order to provide context for an article or shed light on local issues not previously reported.

However, any member of the public can request records that are deemed to be public, even a grade school student. There is no minimum age and no "press pass" required.

Further, anyone has the right to attend meetings of a public entity, regardless of where they live.

Contrary to what some government officials may tell you, there is no requirement that a request for information be made in writing either. While making a request in writing may be preferable, because it provides the requestor with documentation of the request and the public official's response, it is not necessary.

If you need help phrasing a public records request, try the letter generator available from the Student Press Law Center at https://splc.org/lettergenerator/.

Responses to FOIA requests are often thwarted by high fees, slow responses or exemptions by local, state, and federal agencies. During #SunshineWeek, call on your government to uphold your right to know!