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About Eugene weekly. (Eugene, Oregon) 1993-current | View Entire Issue (Oct. 20, 2016)
60000000000007 Civics Lessons PUBLIC RECORDS KEEP THE GOVERNMENT TRANSPARENT BY CAMILLA MORTENSEN T Bahr says people tend to watch cop shows and “lawyer he federal Freedom of Information Act (FOIA) working to improve Oregon’s open records law, and up” before they just start off treating a government has allowed the public to request documents Rosenblum says the first item on the agenda is improving employee like a human being and expecting to be treated from any federal agency since 1967. In 1973, deadlines so that agencies respond within five days, and like one in return. But sometimes, he says, the bureau- Oregon enacted its own Public Records and then provide the records or a reason why more time is cracy is only comfortable with the information being Public Meetings Laws, modeling it on the FOIA. needed in 10 more days, for a total of 15 days. provided via a formal records request. These laws allow the media and the public to act as Bahr says that if an agency drags its heels or tries to Oregon modeled its law on the FOIA but “kind of weasel on providing records, “don’t take this crap at face “watchdogs” over government, though Oregon’s law has bungled it,” Bahr says. Under the FOIA, an agency must value; push back. Don’t presume they will stonewall, but weakened over the years. push back if they do.” Public records information allows One way that government offices try to citizens to expose the workings of gov- get out of providing records is by demand- ernment to scrutiny — it can be what A federal public records request is known as a FOIA — ing excessive fees. If the public records governmental employees are being paid, request is in the public interest, Bahr says what public money is being spent on, that under Oregon law the fees “may” be access to documents that make the work- waived. ings of government more transparent In a FOIA request, fee waivers “shall” and the list goes on. A citizen can ask for be granted. That one word makes a lot of email exchanges between elected offi- A local or state request for government records is a difference, according to Bahr. cials, contracts an agency has signed It’s not that useful to be told by the city — athletic contracts are a popular that a record request will be granted in 15 request for the University of Oregon, days if the requester is told it will cost which is a state institution — and myri- $2,500. Bahr says he “applauds the attorney ad documents that bring government general for fighting a winnable fight” in agencies, from local cities to the fed, into going after deadlines first, but “fees are and the sunlight and expose government will remain a constant barrier.” respond within 20 working days. In Oregon there is no wrongdoing. Bahr reminds citizens that they can appeal denials of deadline; however, the agency must respond in a “reason- Attorney Dave Bahr has a long worked on transparen- fee waivers and denials of requests, and although lawyers able” amount of time. cy issues and recently completed a term on the Freedom like him are available, you don’t need an attorney to do it. Also, the federal FOIA has nine exemptions, or rea- of Information Act Advisory Committee of the federal sons that the records won’t be given, such as national Office of Government Information Services. Bahr advises Find out more about Oregon’s public records at foiadvocates.com, open- oregon.com or the Oregon Department of Justice goo.gl/i2gU14. FOIA. security issues. Oregon Attorney General Ellen Rosenblum those seeking public records to start with the most basic gov is home to information on the federal law. You can also check out all tells EW that, at last count, Oregon has more than 470 thing: “Pick up the phone and walk into an office and the exemptions to Oregon’s public records law at Investigate West’s exemptions. The AG’s office public records task force is interact person to person.” Redacted online app: projects.invw.org/redacted. FREEDOM OF INFORMATION ACT — REQUEST. PUBLIC RECORDS REQUEST. Restaurant opening November 1 lewisandclarkeugene.com 18 October 20, 2016 • eugeneweekly.com
