January 24, 2002
Getting documents: A step-by-step guide
THE ASSOCIATED PRESS
Arizona law gives citizens access to a variety of government records, from licensing information on various professionals to police reports to local zoning information.
Here is a step-by-step guide to getting the information, provided by Daniel Barr, attorney for the state's First Amendment Coalition:
* Locate it. Find out what office keeps the record you want, go to that office or send a letter or e-mail, and ask the clerk or official in charge if you can examine and photocopy the information. The law says records must be available at all times during office hours and gives you the right to examine them in the office or have them photocopied. The public body can charge for copying.
* In writing. The law doesn't require that the request be made in writing, but it's a good idea to write a letter or e-mail so there's no misunderstanding about what you asked for and when. Be as specific as you can about what record you want.
* Deadline. Set a reasonable deadline for the agency to respond and note that you'll consider it a denial if the response isn't back by that time.
* Appeal. If you're denied access to the information, you can go to court, but it is often more productive to go back to the public body. Return alone or with a lawyer and discuss your request with the person who turned you down or the person's superior. You or your lawyer also may call, write or e-mail the agency to discuss your request. Go all the way to the top of the public body if necessary.
* Negotiate. You may be able to get at least some of the material you want. For instance, you might be able to get the narrative portion of a police report, with the names of confidential informants blacked out. You may be able to negotiate release of the information you need without compromising whatever privacy concerns the public body has.
* Last resort. If all else fails, you can hire a lawyer and file a lawsuit demanding access to the document. The action takes precedence over other civil lawsuits in being scheduled for a hearing.