Open records: It�s the law of the land - March 13, 2005

Mail Tribune (Medford, OR — Wayback)

2005-03-19

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63 °F Forecast | Road Cams Friday, March 18, 2005   Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery      SECTIONS Home Page Local News Sports Business Obituaries   Life   Opinion   Tempo   AP News   Weather   Classified   Archives   Site Map   SPECIAL SECTIONS   Since We Asked   Outdoor Journal   Menu Guide   How To Guide   Health   Readers' Choice   Real Estate Showcase   Real Estate Guide   Joy Magazine   Homelife Magazine   Wedding Guide   Passport to the Rogue Valley   SHOP OUR VALLEY AutoFinder HomeFinder JobFinder Classified Place an ad  TOP JOBS   EXTRA   Ashland News   NIE   Personals   Movie Times   TV Times   E The People   Volunteer   Moving here?  eSouthernOregon   CUSTOMER SERVICE FAQ's Advertise with us Home Delivery Employment Contact Us Media Kit Oregon Road Conditions & Cams Email Story to a Friend March 13, 2005 Jim McChesney, who requested public records from five agencies in the Rogue Valley during a statewide audit, found only one unwilling to produce the requested material. But representatives from several agencies seemed unaware of public records law. Mail Tribune / Bob Pennell Open records: It’s the law of the land Compliance is good in Jackson County, despite confusion at some agencies About this series The week of March 13 has been declared Sunshine Week by groups pressing for government access, contending information is being withheld more often by officials who cite post-Sept. 11 security concerns. This five-day series examines the use of the public records by U.S. citizens and the government's willingness to make its records available. Today: A statewide audit of public agencies finds no consistent interpretation of Oregon’s Public Records Law, one of the more liberal in the nation. What was requested Here is a summary of the five records that were requested in the statewide public records audit conducted by the Associated Press Newspaper Executives organization and the Society of Professional Journalists: Budget for a city in each county. Advertisement City manager expense report at a city in each county. Record of arrest for the five people most recently arrested on drunken driving charges, from a police department or sheriff’s office in each county. Concealed handgun permit applications, at the county sheriff’s office. School superintendent’s contract, from a school district in each county. By JONEL ALECCIA Mail Tribune Jackson County residents seeking public records have a pretty good chance of getting them — as long as the citizens are persistent and informed, a local audit showed. In four out of five instances, employees of local government agencies turned over open documents, though several weren’t aware of public records requirements and others expressed puzzlement at the requests. "I was surprised at a couple places that didn’t seem to have any idea about public records and what it meant," said Jim McChesney, 56, a Central Point man who volunteered as an auditor. Only one agency — the Jackson County Sheriff’s Department — failed to produce the requested material, public records of concealed handgun permits. Sgt. Bob Grantham told McChesney the records could not be released because they contained personal information. "When I asked if they were not public documents, he said yes, but that one had to ask for specific ones or types and that the person who wanted the information would have to pay what he indicated would be a lot of money to have staff gather them," McChesney said. Grantham didn’t return a call about the matter. Staff at the city of Ashland were the most cooperative, turning over a copy of the city budget promptly and willingly. "Took a total of two minutes from request to having the city budget document — thick as a volume of Encyclopedia Britannica — in my hands," noted McChesney. Sheer practice might be a factor, said Fran Berteau, who works in the office of Ashland’s mayor and City Council members. "Ashland’s pretty involved when it comes to public issues," she said, estimating that city staff members field one or two requests for public documents each week. "We’re used to it." Responses from other agencies were mostly positive. Staff at the city of Medford took a half-hour to find and copy records of City Manager Mike Dyal’s expense reports, McChesney indicated. "They asked a lot of questions and I did my best not to lie," said McChesney, who, like other auditors, was instructed to truthfully answer that he was working on a project. "But in the end, I got the documents." Citizens request public documents from Medford officials about once a week, said Lynette O’Neal, office administrator for the city. Staffers work to fulfill the requests in a prompt and friendly manner. They’ll copy up to 10 pages of documents for free, O’Neal said. She said workers don’t typically question people about the purpose of their requests. "If it’s public record, it doesn’t matter what they want it for," she said. A worker in the personnel office at the Medford school district agreed to show McChesney the employment contract for Interim Superintendent Kathy McCollum, but declined to print a copy without approval from Personnel Director Dan Zaklan. After consulting with Zaklan, she mailed a copy to McChesney the same day. "While we do abide by the public records laws, every person who works for us doesn’t know them," said Zaklan, noting that consulting with a supervisor before releasing the documents was a reasonable and prudent response. A Central Point Police Department clerk told McChesney he couldn’t see the police log entries, although she agreed to copy the information from the computer. That included name, charge, location, date, time and arresting officer, McChesney said. "She printed it out, was a bit reluctant to make me a copy, but did when I asked again," McChesney said. McChesney, a former journalist and occasional freelance writer for the Mail Tribune, said seeking documents as a private citizen was enlightening. "It was a very interesting experience, especially dealing with the puzzlement and refusals," he said. Reach reporter JoNel Aleccia at 776-4465, or e-mail [email protected] Mail Tribune Home  | Local News  | Sports  | Business  | Obituaries  | Life | Opinion AP News | Archives  |  Site Map  | Community  | Classified   Copyright © 1997-2005 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback Student Loan Consolidation Conference Calls - $50/Month Home Security Systems Trunks, Footlocker, Trunk, Footlockers home equity loans helzberg Slippers Student Loans afsa teleconferencing Memory Foam Mattress w2 forms Tatoo Advertisement s