MMA calls for commission to review public records law

In response to numerous bills filed to update the state’s public records law, the MMA has called for a special commission to review the law and the impacts that proposed updates would have on local government.
 
At a May 26 hearing before the Legislature’s Joint Committee on State Administration and Regulatory Oversight, the MMA testified in opposition to advancing any of the bills under consideration until a new special commission completes its analysis.
 
The MMA called for the commission to include all parties of interest, including municipal government, and for the commission to be given a broad scope of authority to consider all matters related to public records, including the protection of privacy and how the evolution of technology is likely to change the nature of records.
 
“We appreciate that it is important to update the public records law on a periodic basis to reflect changes in the nature of public records, privacy concerns and laws, advances in technology, the evolution of government and business practices, and the need of citizens for good timely information,” wrote MMA Executive Director Geoff Beckwith in testimony to the committee. “However, we cannot support the bills that are before the committee because we do not believe they achieve these goals in a balanced way.”
 
The MMA is concerned that poorly understood or inadequately reviewed changes would impose costly unfunded mandates on cities and towns and would add unfeasible administrative burdens on scores of towns that operate with limited support staff.
 
A dozen bills to update the public records law were heard by the committee, and many of the proposed measures would impose new requirements on cities and towns and assess daily fines on local officials found to be in noncompliance with the law. Other measures would reduce or eliminate the ability of local government to assess charges to recover costs associated with responding to a public records request.
 
The MMA is continuing to work with the Legislature to promote a careful and thorough review of the local implications of any changes to the public records law.