This is not how the process should work

When someone makes a public records request, more times than not they do so in good faith because they want to check to see how their government is working — or not working.

But a recent Associated Press story reported some school districts, municipalities and state agencies are turning lawful requests around and suing the citizens who seek public records because officials fear releasing records might be embarrassing or legally sensitive.

Such lawsuits have been filed in Oregon, Louisiana, Kentucky and elsewhere after requesters sought records about school employees getting paid to stay home, data about student performance, and documents about investigations of employees accused of sexual misconduct.

At least two cases have succeeded in blocking information while many others have only delayed the release.

According to the story, freedom of information advocates worry that suing requesters will become a way for governments to hide information, delay disclosure and intimidate critics.

“This practice essentially says to a records requester, ‘File a request at your peril,’” University of Kansas journalism professor Jonathan Peters said in the story. “These lawsuits are an absurd practice and noxious to open government.”

Certainly, the practice could have a chilling effect on the public’s right to know. Some requesters could think twice about asking for public documents if they felt there was a good chance they would get sued . ...

... While freedom of information laws can vary from state to state, they usually allow requesters who believe they are wrongly denied records to file a complaint seeking to force their release.

If they go to court and succeed, government agencies can be ordered to release records and pay the requesters’ legal fees and court costs.

Read the full editorial from the Findlay Courier at http:// bit.ly/2xsDybs