Arizona transparency headlines

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Arizona Supreme Court Rules Electronic Information Subject to Records Requests

Contents

Tuscon, AZ On October 29, 2009, the Arizona Supreme Court delivered a landmark FOIA decision in Lake v. City of Phoenix, determining that electronic "metadata", like creation dates and time stamps of electronic files, are subject to the same records laws as the documents themselves. The decision came about as a result of a public records request made by a police officer for filed performance reports.


Glendale sued for denying FOIA request

The Goldwater Institute requested records for all current and future documents related to the negotiations of potential new ownership of the Coyotes. Glendale denied the entire request, noting the negotiations were confidential. The city also mentioned it would be burdensome to send future records.

"The denial of this records request is a clear violation of Arizona's public records law," said Carrie Ann Sitren, an attorney with the Goldwater Institute. "Courts have given clear instruction about how to handle sensitive information in public records and how to handle on-going requests for public records. Glendale followed neither instruction. The city is deliberately keeping public records from the public, and $20 million in taxpayer money could be at stake."[1]

Sitren also said that the cases the city provided as the basis for their denial were not sufficient.


65 indicted in student loan fraud

The leader kept records of the process, which allegedly ran between July 4, 2006 and Oct. 30, 2007, with handwritten notes. The notes show much personal, quantitative information of up to 136 straw people involved in the scheme. None of those who applied for these loans in this group were active students, nor did they indent to become so.

She allegedly charged the straw people between $500 and $1,500 each for her help in attaining the grants and loans. They could keep most of the loan money.


RTA asks judge to make '06 ballots public

"The regional transportation plan and sales-tax ballots have been in secure storage for more than 2 1/2 years.

But an attorney for the Regional Transportation Authority argued in court Wednesday that the ballots, which normally should have been destroyed two years ago, instead should be made available for inspection just like any other public record.

The RTA is hoping Pima County Superior Court Judge Charles Harrington will release copies of the ballots so it can put to rest years of allegations about the validity of the election."


Arizona resident seeks access to Q.C. training videos

"A Queen Creek resident is appealing to the state's public records ombudsman after town officials declined her request to release a training video of the mayor, council and town staff.

Town officials declined resident Cynthia Buffington's request to obtain a copy of videotaped mock interviews made during a training session on how to deal with the media due to privacy interests of the individuals involved, according to an e-mail exchange between Buffington and the town's clerk."


Nelson renews calls for release of New Times arrest documents

"Maricopa County attorney candidate Tim Nelson kept up his call for the release of records related to the arrest of New Times publishers Mike Lacey and Jim Larkin, holding a press conference at Arizona Democratic Party headquarters Thursday to demand the office of incumbent county attorney Andrew Thomas reveal the records."


Vasquez used work computer to send info on rival

"Pinal County Sheriff Chris Vasquez used his work computer to research his opponent and pass the information onto his campaign staff, according to records of his e-mails.

In August, Vasquez sent an attachment containing a Scottsdale speeding ticket for political opponent Paul Babeu to his personal e-mail account and to the account of his campaign treasurer using his county e-mail, records say.

Arizona law prohibits the use of public resources, including computers, for campaign purposes."


Arizona town officials learn public records law is complicated matter

"Creating and using documents and records are not difficult. When it comes to saving them in an economical and efficient manner things can get complicated, said Jerry Kirkpatrick, Records Management specialist with the Arizona State Library, Archives and Public Records.

"A records management person spends a lot of time in the basement, and they are usually rather dusty," Kirkpatrick said.

While all records have value to the organization that creates or receives them, not all have permanent value that warrants preservation in archives. All have specific retention periods before they can be destroyed or disposed.

The whole basis for saving public records is accountability, said Assistant Ombudsman Liz Hill."


Shortcomings of records law seen in Arizona ruling

"A recent court ruling against Maricopa County Sheriff Joe Arpaio underlines the major shortcomings of Arizona's public records law.

This law is intended to ensure that the public will have access to records at public agencies, but the reality is that agencies can still find ways to make it difficult to get the information."


MCSO stymies requests for information — even from regulators

"The Maricopa County Sheriff's Office tries to stifle almost anyone checking on its operations.

It keeps secret the most basic data about its police work that other departments publish every year. It refuses to release public records - or tries to remove information from those records - without any legal right to do so.

And even agencies that oversee Sheriff Joe Arpaio's office cannot pry free documents that MCSO wants to keep from the public."



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