Delaware government: NCCo stops charging council for records

from delawareonline:

New Castle County Executive Chris Coons' administration has abandoned a temporary policy of charging County Council members for county documents and will let council regulate itself.

Without authorization from council, the administration put the policy in place in February after Councilman Robert Weiner requested hundreds of pages of land use records and turned them over to constituents, who would normally have to pay for them. The county estimated Weiner saved the constituents at least $1,200.

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A national open government advocate says New Castle County's copying costs are "ridiculously expensive" and that the FOIA polices attempt to create unprecedented hurdles for council members.

"How are you supposed to govern the county if you don't have access to information that you need to govern?" said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press in Arlington, Va. "Policies like that [show] they want to discourage people from coming in and bothering them."

Ken Bunting, executive director of the National Freedom of Information Coalition in Columbia, Mo., called the county's FOIA policy battle "a petulant feud, and an unfortunate one."

Read the rest here.

Overhaul of Florida Sunshine Law Passes Senate Committee

A Florida Senate committee approved a bill to overhaul the state's Sunshine Law. The unanimous vote came despite objections lodged by lobbyists for the Florida League of Cities to key provisions of the bill, including the proposal to end charges for redaction of personal information as required by law by January 1, 2013.

Read more about it here.

High Copying Costs Thwart Open Public Records Act Goals

The New Jersey Foundation for Open Government says outmoded copying fees are exorbitant in light of technological advances that make copying easier, faster, and cheaper than in years past, and that such fees present a real deterrent to the open government goals espoused in the Open Public Records Act.

The current fees are at least 75 cents per page for the first 10 pages, 50 cents per page for the next 10 pages, and 25 cents per page for additional pages. While litigants can petition for a fee reduction on a case-by-case basis, open government advocates urge the NJ Legislature to lower the fees by statute.

For more information, click here.

Recalcitrant Officials Stymie Public Records Requests in Massachusetts

The Boston Globe brings us this story of the frustrations of dealing with obfuscatory officials who evade public records laws by charging exorbitant fees or by unreasonable delay.

Here is an excerpt, showing how the state's laws make it easy it is for Massachusetts officials to evade the open records laws:

Jon Albano, a First Amendment lawyer with Bingham McCutchen who frequently represents the Globe in battles for public records, said the lack of an enforcement mechanism in Massachusetts allows officials to virtually ignore Galvin’s demands.

“They don’t have to comply with his orders, so they treat them like advisory opinions,’’ Albano said. “Across the state, government officials really and truly do not take the public records law as seriously as they take their other responsibilities.’’

Albano said enforcement of the law would be enhanced by a streamlined process for hearing public records disputes in the courts.

Indeed, with no power to fine or otherwise discipline uncooperative officials, Galvin must rely on the attorney general’s office, which is often reluctant to take action against state agencies in public records cases, perhaps because the office represents those same agencies in other legal matters.

And if the attorney general declines to act, those stymied in their request for public records must rely on the courts, where the cost of filing a lawsuit may be prohibitive and the time it takes to obtain a decision may render the value of the information moot.

County sued for possibly overcharging for records

California Public Records Research Inc. filed suit against Monterey County Clerk's Office after the office charged $2 per page for records rather than actual copying costs, estimated at 10 cents per page, The Monterey County Herald reported. "County Counsel Charles McKee and Clerk-Recorder Steve Vagnini, who is named in the suit, said when it comes to copying public documents, records in the clerk's and assessor's offices fall under different statutes than the Public Records Act." Similar suits have been filed in all 58 California counties.

If you've been paying $2 per page for records at the Monterey County Clerk's Office, you're due a refund, according to Southern California attorneys who are suing the county for allegedly violating the state Public Records Act.

Attorneys for California Public Records Research Inc. say state law allows local agencies to charge only the actual costs of copying public records, including real estate records maintained by county clerks.

In their class action lawsuit, filed Thursday in Monterey County Superior Court, Clifton Hodges and Donald Ricketts maintain those costs amount to no more than 10 cents per page.

More here.