Bill to ID custodian of public records needed
Published 6:24 am Thursday, February 25, 2016
The Legislature’s attention is rightfully focused on the special session to plug an almost billion-dollar hole in the current fiscal year’s budget, but some legislators are looking ahead to the regular session with an important issue: Public records.
Too many times, the public is thwarted from accessing documents it is entitled access to, so now state Rep. Chris Broadwater, R-Hammond, wants the official custodian of a public records identified, a good addition to state public records law, but it also should include a clause stating records should still be released even in the custodian’s absence.
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In 2013, Broadwater spearheaded getting a resolution through the Legislature directing state and local governments to provide contact information for the person or people within public agencies who is the custodian of public records of the entity. His thoughts are that government and public agencies should allow the public access to how they operate.
“This particular bill is a direct result of one of my constituents, a well-known political blogger, C.B. Forgotston, who recently passed away, explaining to me and showing to me the correspondence he was getting where the public body was playing games with him,” Broadwater said in a story in today’s Daily Iberian.
Mr. Forgotston certainly isn’t alone. Many times newspaper reporters’ efforts are thwarted from accessing public documents. Just recently, The Daily Iberian reported on documents from Iberia Parish Government concerning the payment of health insurance to Parish Council members. According to the public records law, documents are supposed to be made available for inspection immediately, unless they are in use.
Some of the records have been made available, which was reported recently, but after the request was made four weeks ago today, the bulk of the request has not yet been produced. Our reporter has been in contact with parish officials, who seem to be showing progress.
Misdirection is a long-held delay tactic by some public bodies, which is likely why Broadwater is pushing for his resolution passed three years ago to become law. A stronger law would be for Broadwater’s bill, HB81, to not only identify who the custodian is, but who also is authorized to release the records.
Too many times, low-level employees are hesitant to release obvious public records because a government CEO is not in the office that day. Identifying the custodians is a good thing, but using the custodian’s absence as an excuse for not releasing a public record is simply a delay tactic. If a CEO is out, which can be often when one is active, regular business at the office continues.
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That regular business includes the release of public records.
We wish Representative Broadwater well in this effort and hope for the bill’s passage.
JEFF ZERINGUE
MANAGING EDITOR