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52 °F Forecast | Road Cams Tuesday, March 15, 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 14, 2005 Facing suspicion Officials asked to supply copies of public records are sometimes protective, looking for hidden motives instead of being helpful By NIKI SULLIVAN The Associated Press SALEM — Citizens who sought public records as part of a statewide audit encountered a great deal of suspicion among clerks, sheriffs and other government officials. Canyon City School Superintendent Newell G. Cleaver followed one auditor out of the building, then called the police and district attorney when he left. Cleaver said he knew he was violating public records law when he refused to show the auditor a copy of his contract, but he felt the school’s safety came before public records law. "I just felt that was extremely suspicious" that the auditor refused to give his name, Cleaver said. Cleaver said he was willing to "violate a lesser law to protect a greater law." Advertisement Under the Oregon Public Records Law, it is not necessary to give your name if you want to examine a school superintendent’s contract. The purpose of the audit was to learn whether average citizens are able to access documents covered by the records law. A total of 37 auditors sought five different public records in all 36 Oregon counties. Most of the audits were conducted on Jan. 19. A number of officials who were approached by the auditors did not seem comfortable with their requests. Law enforcement officials, who were asked for access to the past five drunken driving arrest records and the five most recent permits for concealed weapons, were especially wary. Clatsop County Sheriff Tom Bergin ran a criminal record check on one auditor. "We’ve got to be somewhat careful," Bergin told The Associated Press in a follow-up interview. Bergin said identity theft is rampant and he was hesitant to give out any documents containing personal information unless he had a written request with the auditor’s name. Some government offices said they are not accustomed to dealing with public records requests. "It’s infrequent," said Pendleton City Attorney Pete Wells. Public records are requested there "probably in the range of a couple a month." Because a city department might not get a request for months, not all employees are well versed in the Public Records Law. Wells said he prefers that requests are referred to him if there are any questions. "I hope most of our people are doing that if they have any questions at all," Wells said. Schools, on the other hand, don’t usually have an attorney on hand for referring public records requests. Jeanne Holmes is human resources director for the school district in Corvallis. When she was asked for access to the superintendent’s contract, she said she’d have to "double-check on whether it was a public document" and offered to fax the record if it was. After confirming that it was, Holmes faxed a copy of the record. Holmes said she checks with the superintendent’s assistant or the Oregon School Board Association if she’s unsure about public records requests. Local governments and schools aren’t required to provide public records training to their employees, and state attorney general spokesman Kevin Neely said many public employees learn "largely by fire." The agencies in Oregon that do have policies for handling public records requests often require that a written request be made for almost every document. Hillsboro and Eugene both require virtually all public records requests to be made in writing, which they said helps them determine what information citizens want. "We like for people to fill out the form because it makes it clearer," said Gayle Waibel, who works for the city of Hillsboro. That way, Waibel said, staffers can also show the request to the city attorney if necessary. But the forms almost always require a name — which is technically not required under Oregon’s public records laws. Neely said he recommends that citizens help government offices by writing down a narrow and specific request for the type of information they are looking for. If a record is denied, Neely said citizens should be persistent and send a petition to the district attorney or state attorney general’s office. "The fact is, any work that we do in the public sector is public record," Neely said, adding that certain information can be exempt, but only under specific public records law statutes. One official who followed the law to the letter was Kathryn Greiner, city manager in Condon, a small town in Eastern Oregon’s Gilliam County. She immediately handed the city budget to an auditor for review, and then walked away. "Holler if you need anything. If you need me to pull anything, I can," she told the auditor. 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, which began Sunday, examines the use of the public records by U.S. citizens and the government’s willingness to make its records available. Today: Citizens seeking public records encounter suspicion among clerks, sheriffs and other government officials. Tuesday: Oregon legislators have chipped away at the public records law with more than 300 individual exemptions. Wednesday: Why the Freedom of Information Act matters to the public, which uses it far more than journalists. Thursday: Federal departments have been reducing the amount of information they release to the public, despite getting more FOIA requests than ever. 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. 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. 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 Advertisement s