Let the sun shine on Idaho public records

Citizens seeking public information from Idaho state agencies now have another set of eyes looking out for their rights.

Gov. Butch Otter will sign an executive order Wednesday creating a public records ombudsman in his office to review disputes over requests for disclosure of state government documents and information. The order applies to all executive branch agencies, boards and commissions.

“An open and transparent government is a fundamental tenet of a free society,” Otter said, in a press release. “Citizens have a right to reasonably access government records. Creating a process for ensuring that right is protected is consistent with my efforts to empower Idahoans.”

Working with the Newspaper Association of Idaho, the governor created Executive Order 2014-04 to provide a process, as an alternative to litigation, for resolving disputes when public records requests are denied by a state agency. It requires an ombudsman - an attorney licensed to practice in Idaho and appointed by the Governor - to issue a written opinion within ten working days of receiving a request for review of a denial.

“We have seen a trend of public record denials recently - most particularly by local governments,” said Sean Evans, publisher of the Idaho Business Review and president of the Newspaper Association of Idaho. “When a citizen's only recourse is through the courts, the result is a block on the freedom of information. Few have the resources or inclination to sue every time the government rejects a request for a public record. We applaud Governor Otter for taking this step and hope that local governments will follow his lead in creating similar review processes.”

The executive order gives citizens 90 days to request a review from the time they are notified that a public records request was denied. If the request involves a public records request denied by the Office of the Governor, the ombudsman shall declare a conflict of interest. The Idaho Prosecuting Attorneys Association's Board of Directors then will assign a prosecutor to review the request and issue an opinion.

The process in no way limits citizens from appealing decisions to district court.

The Coeur d’Alene Press is a member of the Newspaper Association of Idaho.