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Fifteen excuses officials might give for not complying with the state Public Records Law.
- That's not a public document - it's a "draft" or "working" document.
It's not finished so it's not "official."
[State law does not distinguish between a "draft" or
a "working"
document and a "final" document. A public record becomes a public
record when it is created.]
- I can't give you those expense records because we asked employees to
write their Social Security numbers on them, and Social Security numbers
are not public.
[If the government commingles public and private
records, then the
government must separate them at its expense. That's the law.]
- The report is finished but I can't release it because it hasn't been
presented to board members (or the department head or the mayor).
[State law does not require another party to sign
off on a document. A public record becomes a public record when it is
created.]
- Why do you want this document? How will you use it?
[The implication here, of course, is that if you
don't have a "good
reason" for looking at the record, you can't. Under state law, the
reason you want the record, or what use you intend to make of it,
doesn't matter.]
- You can't see our jail records - you're not a lawyer.
[Public records are available to all members of
the public; there are no entrance requirements.]
- You can't have that database until it's been verified.
[A public record becomes a public record when it
is created.]
- You're not going to be able to see that record until our public
information officer gets back from vacation.
[By law, state agencies are not permitted to
channel you through their
public information officer or anyone else. The custodian of the record
is responsible for its proper release.]
- You'll have to ask the office that created that document; our office
merely received it.
[With few exceptions any agency that has the
record, whether it
generated it or received it, is obligated to show it to you.]
- We're busy. We don't have time to look for those documents / don't
know who has them / don't know where they are.
[Depending on individual circumstances, a short
delay may be reasonable, but state law requires
that public records be made available as promptly as possible.]
- You must put your request in writing.
[An agency may require that you to put your request
for an electronic
record in writing, but the law does not require you to make a written
request for other records.]
- Personnel records are off-limits.
[In fact, parts of a personnel record are public,
including name; age;
date of original employment; current position or title; current salary;
date and amount of most recent change in salary; date of most recent
promotion, demotion, transfer, suspension, separation, or other change
in position classification; agency and location to which the employee is
assigned.]
- We've never given those records out before.
[This is simply not a reason for denying
access.]
- We can't give it to you because you wouldn't understand it.
[Your understanding or use of the information
contained in a public record is not a factor.]
- You can't have those records because they should have been destroyed
by now.
[As long as a public record exists, it is
public.]
- Nope. I stamped "confidential" on it.
[The contents of a public record remains public
information "unless otherwise specifically provided by law."]
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