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The importance of ‘free’ in ‘freedom of information’

Say what you will, but there is little doubt in the fact that bureaucrats and politicians may publicly talk a big game when it comes to the public’s right to access public documents, there are discrete measures being taken to set up roadblocks that clearly discourages full disclosure.

Let us make it clear that Arkansas’ Freedom of Information Act not only applies to the media but is used by concerned citizens, lawyers and, in some cases, even government agencies.

There’s a deal going on in Little Rock regarding a recommendation from a late August meeting of the Joint Performance Review suggesting the need to set a specific charge to anyone wanting public documents.

Opponents of such a measure say charging a fee on public information would have a chilling effect on the press, as well as residents, who want to keep tabs on how government conducts its business.

On the other hand, Rep. Kim Hammer, R-Benton, says this fee would limit the scope of broad requests and save state agencies time and money.

Hammer, co-chairman of the review panel, clearly supports this clever obstacle and goes so far as to suggest the performance review panel discuss what he describes as efficiencies and ways to ensure that state workers aren’t being tied up for hours doing busy work when filling Arkansas Freedom of Information Act requests.

Hammer’s attitude and response makes it clear this maneuver isn’t being pushed so much for the “inconveniences” of state workers or “saving time and money”, as it is to make it more difficult for individuals to know what is going on within any governmental agency, and we’re not talking about just the nosey media.

In addition to charging for public records, Hammer is also suggesting another change that could include requiring that such requests be more specific, which will give bureaucrats an excuse to delay or even deny public record access.

Naturally, the Arkansas Press Association has come out against this attempt and saying charging a a fee on public information would have a chilling effect on anyone wanting to keep tabs on how government conducts its business.

Here’s the thing most anyone concerned over this should understand. Fees, which are assessed for public records in some other states can get very high and they are set oftentimes to simply discourage requests.

When asked about what records should costs, naturally Hammer would not say and brushed off inquisitive reporters by saying that topic will be brought up during upcoming meetings with the Joint Performance Review panel.

Let it also be known that Arkansas’ Freedom of Information Act allows state agencies to actually charge fees that reflect the “actual costs of reproduction” of the records, but they cannot charge for “personnel time associated with searching for, retrieving, reviewing, or copying the records.”

What Hammer and his bunch are clearly attempting to do is throw a bunch of new fees on top of the basic material costs which could amount to sums many people can’t afford to pay. Don’t you see? That is Hammer’s intent to discourage use of the state’s FOI laws.

BIBLE VERSE

Thou wilt keep him in perfect peace, whose mind is stayed on thee: because he trusteth in thee. Trust ye in the Lord for ever: for in the Lord JEHOVAH is everlasting strength: For he bringeth down them that dwell on high; the lofty city, he layeth it low; he layeth it low, even to the ground; he bringeth it even to the dust. The foot shall tread it down, even the feet of the poor, and the steps of the needy. The way of the just is uprightness: thou, most upright, dost weigh the path of the just. 8 Yea, in the way of thy judgments, O Lord, have we waited for thee; the desire of our soul is to thy name, and to the remembrance of thee.

26:3-8

Isaiah

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