Arizona Public Records Law

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State sunshine
State laws
How to ask for records
Transparency headlines
Statutory changes
Notable FOIA requests
State Open Meeting Laws
State sunshine lawsuits
State court cases
E-mail access
Private agency, public dollars
The WikiFOIA portal

The Arizona Public Records Law is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Arizona. The law was first enacted in 1901.

Statutes 39.101 - 39.221 define the law.

The Arizona Open Meetings Act legislates the methods by which public meetings are conducted. Statute 38.431.01 defines the law.

[edit] Transparency report card

A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Arizona #11 in the nation (along with Illinois and West Virginia) with an overall percentage of 58.00%. [1]

A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Arizona 22 points out of a possible 100, a letter grade of "F", and a ranking of 44 out of the 50 states.[2]

A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Arizona's law as the 46th worst in the country, giving it a letter grade of "F".[3]

[edit] Public Records

Public records are defined by statute 41-1350 as "all books, papers, maps, photographs or other documentary materials, regardless of physical form or characteristics, including prints or copies of such items produced or reproduced on film or electronic media pursuant to section 41-1348, made or received by any governmental agency in pursuance of law or in connection with the transaction of public business".[4]

[edit] Open meetings

"All meetings of any public body shall be public meetings and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings. All legal action of public bodies shall occur during a public meeting."[5]

[edit] Who May Request Arizona Records?

Anyone may request Arizonan public records. "Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours or may request that the custodian mail a copy of any public record not otherwise available on the public body's web site to the requesting person." [6]

For requester residency requirements in other states, see the list of who can make public record requests by state.

[edit] Relevant legal cases

[edit] Proposed reforms

See also Proposed reforms in state sunshine laws, 2009
  • "Authored by Sen. Jay Tibshraeny, R-Chandler, Senate Bill 1305 would require public bodies that keep public records electronically to provide them upon request on CD-ROM or in another format." [7]
  • The Board of Supervisors in Maricopa County in January 2009 passed a resolution that says that when county employees and officials want public documents that are in the custody of the county, the employees/officials are required to go through an internal process rather than using the state's sunshine law to ask for records. This action was taken in response to multiple requests in the last few months from the Maricopy County sheriff and attorney offices for documents relating to:
  • A planned criminal court-tower project.
  • Communication between county officials and public-relations and consulting firms.
  • The Board of Supervisor's decision to hire former County Attorney Rick Romley as a consultant.[8]

[edit] See also

[edit] External links

[edit] References

  1. ↑ Integrity Index available for download here
  2. ↑ Graded state responsiveness to FOI requests, 2007
  3. ↑ Freedom of Information in the USA, 2002
  4. ↑ Definition of records 41-1350
  5. ↑ Definition of meetings 38-431.01
  6. ↑ Arizona Revised Statutes, 39-121.01
  7. ↑ Bill merges records, technology, Arizona Republic, April 21, 2009
  8. ↑ Arizona Republic, "Supervisors to change records request policy", January 22, 2009
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