Accessing public records

Most government records are available for public viewing. As citizens, we have a right to access information about how our tax dollars are being spent to operate our government, and to root out how local decisions are made. Reviewing public records is one way we can educate ourselves on issues and who is behind them, and work to improve our community.

What kind of records can you access? Under Freedom of Information laws that vary by state, you have the right to view documents, emails, memos, meeting minutes, budgets, contracts, permits, and more that are created or kept by governmental bodies. This includes records from city halls, school boards, zoning commissions, police departments, boards and many committees, and other local agencies. Records of license applications, building inspections, economic development projects, and land use decisions are all open for public view. You can also access property ownership information through several avenues, all of which are public records.

The process for obtaining records varies by agency, but it's usually not difficult. Start by visiting or calling the office that has the records and asking how to submit a request. Ther term most government employees use is “FOIA request,” which is pronounced ‘foy-yuh’. Most will have a simple form you can fill out describing the documents you want to see. Be as specific as possible about dates, topics, or other identifying details. You may need to provide your name and address for recordkeeping purposes.

There may be fees involved for photocopying or searching records, but agencies are prohibited from charging for reasonable staff time spent reviewing requests. Extensive or comprehensive reviews may be compensated to the agency; however, they must notify you up front what that cost is. You have the right to view original documents at no cost. Response times are generally set by law - often around 10 business days depending on the volume of records requested. Any extension of time limits defined in law must be communicated to you before that deadline with justification.

An agency also has the right to decline a FOIA request if that record does not exist. Not everything is recorded. For example, if a government uses a specific form for businesses license applications and you want to review it to see if they ask anything that may be unconstitutional or too invasive, you can request the current form, but old forms are not retained. Once a form is replaced by another, the old one is no longer required to be retained. You cannot request a record that just does not exist. For example, requesting the government provide you with a record of all text messages sent from an elected official’s personal cell phone to a lobbyist or contractor. Those records are not kept by the government, because it’s that person’s personal property. You can request copies of emails and arguably request text messages on a government-issued cellular phone, but not personal. Same applies to photos taken by a personally owned camera versus an agency device.

If an agency denies your request or fails to respond in a timely manner, don't hesitate to appeal to the chief executive of the agency or municipality involved. State ombudsmen can investigate complaints and help ensure your rights are upheld. As a last resort, you can file a lawsuit in court to gain access. However, most agencies are accustomed to handling routine public information requests without issue.

Once records are provided, review them thoroughly to gain a full understanding of the issues. Look for patterns, inconsistencies, or missing context that could shed new light. Consider contacting your local representatives to share your perspectives. Use the information to attend relevant public meetings, to ask questions and help ensure transparency. You can share all records you obtained freely with any other person – it is a public record, after all. You could even start a petition to rally support for an issue. Don't forget that elections are also a chance to support leaders who will govern with openness.

Exercising your right to obtain public records is an important way to be an active and informed citizen. It helps hold government accountable while also improving civic participation. The next time you want to learn more about what's happening in your community, borough, or school district, submit a request. The more residents who get involved, the stronger our democracy becomes.

Christian M. Hartley is a 40-year Alaskan resident with over 25 years of public safety experience and public service. He runs a freelance business, Big Lake Writer, from home in Big Lake that he shares with his wife of 19 years and their three teenage sons.