Government requests to withhold information from public rise sixfold since 1998

This (legislative) session, more than two dozen bills have been introduced to exempt additional government information from public release or enable agencies to charge more money for making documents available

Note: In case you missed it, here's a sobering story about our local governments increasing efforts to stall or withhold open record requests . . . from the public they serve, no less. Hays County governmental entities are playing this shell game to the hilt, as if to tell the public "what we do is really none of your business."

A very recent example is a letter sent to Attorney General Greg Abbott from the City of San Marcos:

"Dear Mr. Abbott:

The City of San Marcos ("City") received the above-referenced request on March 14, 2011 (Exhibit 1). By copy of this letter, the City is informing the requestor that the City believes the requested information (Exhibits 2 and 2A) to be excepted from public disclosure under S552.108(a)(2) of the Texas Government Code . . .

"The City respectfully requests an opinion. Please do not hesitate to contact the undersigned at (512) 393-8150, should you require additional information."

Read the complete story at this link: http://www.statesman.com/news/texas-politics/government-requests-to-withhold-information-from-public-rise-1331771.html

By Chuck Lindell
AMERICAN-STATESMAN STAFF
Published: 9:27 p.m. Friday, March 18, 2011

On an average day last year, the Texas attorney general received 87 letters from government agencies seeking permission to withhold information requested by reporters, taxpayers and other interested parties.

The daily deluge added up to 21,044 requests to keep information private in 2010, a sixfold jump since 1998. The number reflects greater citizen use of the Texas Public Information Act, a growing number of exceptions to disclosure added by the Legislature and, open government advocates say, attempts by some agencies to stall time-sensitive investigations.

Whatever the reason, the trend is a sobering coda on the last day of Sunshine Week, observed annually by media organizations promoting openness and transparency in government. It's also a challenge for the attorney general's open records division, which in most cases must grant approval before a governmental body can deny requested information.

Transparency is essential to democratic function, and state law requires the division to interpret the Public Information Act in favor of openness. With a deadline of 45 business days to research and answer each request, the staff of 36 assistant attorneys general produces letter opinions at an average rate of 2½ per day per attorney. [snip]

Minimal research by the requesting agency could answer many questions about whether certain documents must be provided, they said, but involving the attorney general often delays releasing information that has repeatedly been determined to be publicly available.

Sometimes, the delays are intentional, Elkins said. "We hear those complaints all the time," he said. "It happens every day."

Another problem, Elkins said, is when agencies say they have 10 days to fulfill an open records request. "That is a clear violation of the law," he said.

In the 2009 legislative session, the Public Information Act was amended 20 times to exempt information from release or change how the law was applied. This session, more than two dozen bills have been introduced to exempt additional government information from public release or enable agencies to charge more money for making documents available, according to a database kept by the Freedom of Information Foundation of Texas, a nonprofit advocacy group.