BILL TO STRENGTHEN OPEN RECORDS LAWS
INFOBOXES:
Changes related to public meetings:
-the definition of a "public meeting" would explicitly include meetings conducted by electronic means, such as a "conference call, video conference, internet chat, or internet message board"
-if a meeting will be conducted by telephone or electronically, the public must be given notice ahead of time as with any other meeting, and the governmental body must provide the public access to the meeting.
-a "public vote" would include votes cast via a computer or over the telephone
-a journal or minutes of closed meetings must be taken and retained
-public bodies must allow open meetings to be recorded
Changes related to public records:
-if you request a record in a certain format, and the governmental body is capable of providing the records in that format, it must do so.
similarly, if a public body keeps records on a computer system, and that system can produce electronic records in a format you request, it must do so.
-it would be illegal for a public body to enter into a contract for a computerized records system if it "impairs the ability of the public to inspect or copy the public records of that agency."
-the copying cost for paper records shall not exceed 10 cents per page; costs for electronic records shall only reflect the actual cost of duplication
-public bodies may charge for programming or staff time in some instances, but cannot charge more than the "average hourly rate of pay for clerical staff" at the agency
Changes related to enforcement:
-a public body could be fined up to $250 for "negligently" violating the law; a citizen would only have to prove access to a public record was unlawfully denied. The sponsor says this would remove "ignorance of the law as a defense" for public officials
-if a public body is found to have "purposely" violated the law, fines of one to five thousand dollars could be assessed, along with attorneys' fees.