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Friday, September 10, 2010
Ind. Gov't - Interesting open records PAC opinion released today re Paul Ogden request of the Marshall County Prosecutor's Office
Here are some quotes from the opinion, which is dated Sept. 7, 2010:
Re: Formal Complaint 10-FC-174; Alleged Violation of the Access to Public Records Act by the Marshall County Prosecutor’s Office* * *
According to your complaint, you recently requested certain records from the Prosecutor. In response, the Prosecutor forwarded you a copy of Form 451495-D (the “Form”), which is titled “Document Request: Non-Discovery.” The Prosecutor informed you that the Form must be filled out in its entirety before the Prosecutor would comply with your request. You allege that the Form violates the APRA by asking why the requester seeks the requested information, by asking for a copy of the requester’s driver’s license, by requiring that the request be signed under oath, and by requiring that the requester identify exceptions to the APRA that would require or allow the public agency to withhold the records. You argue that the Form “creates an onerous and improper burden” and that it should not be used before an agency complies with the APRA. * * *
For the foregoing reasons, it is my opinion that the Form violates the APRA insofar as it denies access to requesters who refuse to state the purpose of their request. Moreover, it is my opinion that the Prosecutor has not met its burden to demonstrate why it is necessary for a requester to enclose a copy of his or her driver’s license and submit the Form under oath. Finally, the burden for nondisclosure of a public record rests with the agency that would deny access to the record and not on the person who requested access to it.
Posted by Marcia Oddi on September 10, 2010 05:21 PM
Posted to Indiana Government