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Dieselboii, via Flickr (CC license)
Public records aren't what they used to be... |
In
today's Watchdog Tipsheet from the Society of Environmental Journalists,
Joseph A. Davis reports on a lawsuit that aims to clarify whether Washington State government officials' e-mails are considered public records that could be covered by that state's public records act. If so, this could aid journalists, activists, and others who seek insight into that state's government decision-making.
The case (Building Industry Association of Washington, vs. Pat McCarthy, Pierce County Auditor, and Pierce County, Washington) is currently before the Washington State Supreme Court. SEJ, Allied Daily Newspapers of Washington, the Washington Newspaper Publisher Association, and the Washington State Association of Broadcasts recently filed a joint amicus brief in support of the case.
Davis explained, "The Building Industry Association of Washington (BIAW) seeks to overturn a trial court order dismissing the claim that Pierce County unlawfully destroyed e-mails it requested under the Washington state Public Records Act. ...At issue [in this case] is whether the burden of proof is on the government or the record-requester to justify why information should be withheld."
And the brief says, "As numerous news stories illustrate, a government's e-mails can show that concerns were ignored, that pressures were exerted, or even that lies were told -- aspects of the public's business that do not pop out of press releases. ...If the voter-approved Public Records Act ...is to function as voters intended, it must be interpreted to protect public access to e-mails."
The debate over government e-mails has cropped up in other states lately, including North Carolina, Missouri, West Virginia and Tennessee.
What's the situation in your state? Check out the Open Government Guide from the Reporters Committee for Freedom of the Press and search for: e-mail.
(Disclosure: I do freelance writing for SEJ's main Tipsheet, which covers environmental issues.)
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