A1 Communications Cable Techs Health Care Sierra Tucson Eating Disorders Program Coordinator Trades/Construction RANCHO RESORT MAINTANANCE POSITION Tucson RegionNew option in public-records disputesCronkite News Service
Tucson, Arizona | Published: 02.02.2007
PHOENIX — Until now, the public had just one option in fighting a local government office's decision to withhold public records: take it to court.
A new law lets Arizonans turn to the state Ombudsman-Citizens' Aide Office to mediate disputes or seek advice about access to local government records. Citizens and government officials will be able to take advantage of the service simply by picking up the phone.
"The ombudsman gives someone a place to go for free since there are no attorney fees," said Patrick Shannahan, the state's ombudsman-citizens' aide. "And it's quicker than going all the way through the courts."
The Ombudsman-Citizens' Aide office was set up 10 years ago to mediate disputes between citizens and state government. Lawmakers and Gov. Janet Napolitano last year approved expanding the office's role to include reviewing public-records complaints involving counties, cities, towns and school districts.
The approval included $185,000 to hire two full-time employees, including an attorney, who can investigate citizens' complaints and advise local officials about access to public records. The office is gearing up for this expanded role and should be ready to take on cases in the next few weeks, Shannahan said.
"We are not trying to push the boundaries of public access but to make sure that people comply with existing laws," Shannahan said. "Our objective is to get the program up and running so that by the end of 2007 it is well-established and we can provide a useful service to citizens as well as the government."
Shannahan's office also will educate officials and the public about access to records.
Arizona law says government records "shall be open to inspection by any person at all times during office hours." But access audits led by Associated Press Managing Editors have found local government officials, particularly in law enforcement, often are reluctant to release records.
The Arizona Newspapers Association pushed for the change, but Teri Hayt, managing editor of the Arizona Daily Star and chairwoman of ANA's Government & Policy Committee, said all Arizonans benefit.
"What people don't realize is that the office is there to protect not just journalists but the average citizen who wants to find information regarding public records," Hayt said.
John Fearing, executive director of the newspaper association, said states with similar offices report the general public is by far the biggest user. He said the new law helps officials as well.
The ombudsman will provide three levels of service to citizens and local officials.
The first step is coaching. The office will answer basic questions about access to public records, giving citizens and officials information needed to resolve disputes themselves.
The next step is informal assistance. The ombudsman will contact an agency on a citizen's behalf to clear up misunderstandings — by a government official or the citizen — involving a public-records request.
If informal assistance fails, the ombudsman's office can conduct a formal investigation to determine whether a local government is entitled to withhold the records.
Citizens may still choose to sue an agency for access to records, but consulting the ombudsman first is the best way to speed up the process, Shannahan said.
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