[Vision2020] Loophole in Public Records Law Needs To Be Closed

Tom Hansen thansen at moscow.com
Wed Jul 8 05:35:56 PDT 2009


"Some government officials don't believe Idaho law restricts them from
deleting e-mails they received concerning public business, even though
those e-mails can be considered public record."

Hmmm.

Courtesy of today's (July 8, 2009) Moscow-Pullman Daily News.

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OUR VIEW: Loophole in public records law needs to be closed
Doug Bauer, for the editorial board

The scenario isn't hard to imagine.

Suppose some sort of business doesn't like the way it's being treated by
the state, so one of its executives decides to contact an influential
legislator via e-mail and offer a substantial amount of money to churn out
some favorable bills down in Boise.

The lawmaker deletes the electronic correspondence and pockets the cash,
and pro-business proposals start popping up during the subsequent
legislative session.

Since the state law requiring such e-mails to be retained is not clearly
defined, the private industry executive is able to manipulate the system
and the public is none the wiser.

Don't think such a thing could happen in Idaho?

Think again.

Some government officials don't believe Idaho law restricts them from
deleting e-mails they received concerning public business, even though
those e-mails can be considered public record.

Senate Minority Leader Kate Kelly, D-Boise, said there has been no
pressure from the public or within the Legislature to remedy the problem.

"The Legislature certainly doesn't have (a retention policy) for hard copy
or e-mail," she said.

We believe state law is being circumvented with the convenient push of a
button, and that a mechanism needs to be put in place to ensure public
officials are held accountable for the business they conduct in their
capacity as such.

The public demands as much from its officials, elected or otherwise, and
that isn't possible without access to pertinent information before it's
sent to cyberspace.

Public records need to be accessible, no matter the medium in which they
were created, communicated or circulated.

Anything less robs the public of its right to know how it is being
represented and casts a dubious light on all government officials, whether
they deserve it or not.

--------------------------------------------------

Ya listenin', city council?

Seeya round town, Moscow.

Tom Hansen
Moscow, Idaho

"The Pessimist complains about the wind, the Optimist expects it to change
and the Realist adjusts his sails."

- Unknown




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