Access without abuse
County will make copies of public records, but not for free
The following editorial appeared Wednesday in the Yakima Herald-Republic.
Franklin County officials are among the latest local government officials to try their hand at putting together a public records request policy that walks that fine line between dealing with pests and protecting the public’s right to access records.
The Tri-City Herald, in a story also carried in this newspaper, reported that the proposed revision to the county’s public records policies would require people to pay for copies of documents before receiving them. State law allows officials to require a 10 percent deposit and full payment before releasing the copies, to ensure payment, and in the process perhaps reduce the volume of requests from inmates.
“We would prefer to focus our time and energy on public record requests other than (ones from) felons,” Prosecutor Steve Lowe said last week during a workshop called to discuss proposals for standardizing procedures for accommodating public records requests. Franklin County’s current policies vary from department to department.
Open-records advocates find ourselves in a predicament in cases like this. There are unquestionably inmates in correctional facilities who abuse the process with voluminous requests aimed more at harassment than enlightenment.
One such person well known in counties around the state is Allan Parmelee, who was convicted in 2004 of first-degree arson. While in prison, Parmelee has made hundreds of requests, seeking records that include addresses, photos, pay, schedules, professional histories and birth dates of Washington State Patrol troopers and Corrections Department staff.
Still, figuring out how to deal with pests such as Parmelee, government officials must ensure that legitimate requesters are not denied access to records. That’s the fine line that must be walked.
The Franklin County approach seems a reasonable compromise between ensuring that everyone has access to public records without requiring taxpayers to foot the bill for people who don’t pay their bills.
Beyond that, there should also be a Plan B, which has a mechanism for helping people who have legitimate records requests, but can’t afford a hefty bill. Let’s not shut them out in our zeal to make it tough for pesky inmates or others who use public records requests as a form of harassment.
Yakima County’s policy is similar to where Franklin County wants to go. Records requests are centralized in the prosecuting attorney’s office. The 10 percent deposit is required for large requests and the records are not sent out until the check for the balance clears.
The cost is modest and wouldn’t appear to be a hindrance for legitimate requests. But it might help dissuade harassing efforts when the sheer volume requires payment up front.
Concerns about abuses should be addressed. But in the process we cannot lose sight of the spirit of the Public Records Law approved by voters in 1972 – that public records should be accessible except in very special, defined circumstances.