Local Public Record Laws
Most city and county records are public records, including written and electronically recorded documents, photographs, audio recordings, survey documents, construction plans, etc. A city or county agency is required to respond in writing with either
- the request fulfilled;
- acknowledged receipt of the request and an estimate of the time needed to produce the records;
- or a denial of the request outlining the reasons for the denial.
Check with your municipality as to the required amount of time agencies have to respond (they sometimes have as little as five days).
Some public records are prohibited from being disclosed (most personal tax records, medical records, etc.) and some are exempted from disclosure (certain active criminal investigation files, preliminary drafts of agency policies, etc.).
Your city or county should have an index of the public records available and, if needed, be able to provide a statement of the fees for the copying of public records.
If you are denied a request for which you feel entitled, review the issue with the person who denied the request or with his or her supervisor, a city attorney, or, in the case of a county, the county prosecutor's office. There are substantial financial penalties for not responding in a timely or complete manner to requests for public disclosure. Remember that every city/county is different, so you should get to know your local codes before you make a request.
The Open Public Meetings Act applies to most meetings held by a governing body. With few exceptions, all meetings of the governing bodies of public agencies, including cities, must be open and accessible to the public. All ordinances and rules must be adopted at public meetings. In addition, all deliberations of the governing body must be conducted openly, and must be open to all members of the public, unless the subject of the discussion is one which the state legislature has specifically allowed to be conducted in an executive, or closed, session.
When working on local initiatives in the city or county where you live, take advantage of your proximity and attend as many of these meetings as possible. Get to know everyone sitting on the board, commission or council, including their voting history -- especially on animal issues.
