Public records dispute could be handled

| Sunday, January 20, 2008

Previous Page

Share

• del.icio.us
• Digg
• NewsVine
• Fark

Print

Email

The Associated Press

PIERRE - Gaining access to government records in South Dakota can be a hassle at times, and disputes over what is public and what is off-limits are not unusual.

Legislation designed to settle those arguments before they end up in court has been introduced by state Rep. Tim Rave, R-Baltic, and state Sen. Tom Dempster, R-Sioux Falls.

Rave said HB1246 would allow the state Office of Hearing Examiners to settle disputes over public records that could otherwise wind up in a stalemate.

"There has to be someplace to go when those disputes come up," Rave said. "At least the two parties can walk away with a resolution. It's either they walk away with what they wanted or at least somebody made a ruling on it. It would get rid of the ambiguity that we have now."

HB1246 would set up both informal and formal processes to request records from the state, cities, counties, school boards and townships. Records of the state court system and Public Utilities Commission would be exempt, however.

If an informal request for records is denied, a formal written request could be filed. Officials would have 10 days to respond.

Fees could be charged for records that are provided, generally $1 a page or any other fee that's set in state law or regulation. And if more than an hour of time would be required to retrieve or compile the information, that could be added to the cost.

Public officials, however, could waive or reduce any of the fees if that would be in the public interest.

If records are denied, the reasons for denial would have to be provided in writing, and complaints could then be filed with the state Office of Hearing Examiners. The office would decide if the materials are available for public inspection or not.

If the parties still aren't satisfied, they could go to court.