OpenCDA

July 19, 2009

Disregarding the Law

Filed under: Probable Cause — Bill @ 9:02 am

hear_no_evil copyIn its Sunday, July 19,  editorial titled It’s pay day for taxpayers the Coeur d’Alene Press announced the newspaper will report the highest salaries of some public officials in Kootenai County. If we assume the Press was factually accurate in its editorial, some officials in Kootenai County do not want you to have that information.

The Press editorial included these words:

When we sent out formal information request letters to all these entities earlier this summer, several responded somewhat skeptically. What, exactly, were we after? And why?

The vast majority fully understood that we, just like you, have a right to the information. Some were just a little concerned that we might try to twist numbers to make a point.

“… several responded somewhat skeptically.”  No, they responded illegally.   The records custodian is forbidden to ask why the requester wants the record.  Idaho Code 9-338(4) explains:

The custodian shall make no inquiry of any person who applies for a public record, except to verify the identity of a person requesting a record in accordance with section 9-342, Idaho Code, to ensure that the requested record or information will not be used for purposes of a mailing or telephone list prohibited by section 9-348, Idaho Code, or as otherwise provided by law, and except as required for purposes of protecting personal information from disclosure under chapter 2, title 49, Idaho Code, and federal law. The person may be required to make a written request and provide their name, a mailing address and telephone number.

According to the Press editorial, “Some [records custodians] were just a little concerned that we might try to twist numbers to make a point.” Their  concern does not allow custodians of records to violate the law.

It should surprise no one that some records custodians in Kootenai County will comfortably violate the law. They have no reason to fear prosecution by the county prosecutor or the state attorney general.

Neither should officials fear public exposure by an aggressive press. After all, it isn’t the job of a newspaper to report on public officials’ misconduct. Well … actually it is, but don’t expect the Press to do it.   According to the editorial, reporting public information might be seen as rude.

And now residents of Kootenai County can better understand why misconduct by public officials occurs.  Those who could most effectively expose it, won’t.

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