ROGERS — There’s this little state law we reporters sometimes refer to called the Freedom of Information Act. FOI or FOIA for short.
Here’s the thing about this little law: It wasn’t written just for reporters, it was written for all the residents of Arkansas.
Journalists probably use it the most, simply because it is our job to tell you what is going on in the world, be that the city or state.
Why do I bring this up now? Well, it is like that. Some people in positions of authority like to ignore the FOIA, or pretend it doesn’t exist. Sometimes it is pure ignorance of the law, but as they say, ignorance of the law is no defense.
Here’s an example of the FOIA at work.
Customers of Rogers Water Utilities are about to see a new superintendent leading the water/sewer utility. Some of you may ask why you should care. Because, this person will impact your water/sewer bill for years to come, that’s why.
The last guy, Tom McAlister, was in the job for nearly 30 years. A new superintendent could serve that long, too, thus impacting service and costs for many years to come.
Not that the superintendent makes a final decision on things such as costs and services. The Water and Sewer Commission makes those decisions, and the City Council must concur with rate increases.
The superintendent, however, is the one who recommends the commission adopt rate increases or service changes. Those recommendations are generally based on studies by other professionals who are experts in the field. That said, the superintendent’s recommendation carries a lot of weight.
That being the case, with whom the commission is considering to fill the superintendent’s job would seem to be of some importance. When the commission was narrowing the list of initial candidates, they balked at announcing who they were. Deputy City Attorney Jim Clark, a former journalist, stepped in, told the commission to give up the names and they did.
Why would they not want to do so? The usual reason is these people might not want their names known publicly because they haven’t told their current employers they are applying for another job.
To that I say, “Tough.” If you want your salary paid by my tax money I want to know you are qualified for the job. The only way to determine that is to know who the applicants are.
The FOIA is flaunted in other ways, too. Governmental entities have been known to not identify land they are interested in purchasing, claiming the seller will jack up the price if they know who the purchaser is. Let ’em. Somebody else is always prepared to sell their property. Besides, no one should ever pay more than the land is appraised for.
As I said previously, the FOIA is for everyone. In my mind’s eye, I can see government employees everywhere cringe as they read this. It makes me smile.
You can request a report or information simply by asking for it. They do not have to generate a report if it does not exist, but if it does, they have to give it up.
If information is in “active use” or in storage, they have up to three days to provide the information to you. Don’t let them tell you they have three days no matter the situation. It has to be in use or in storage to get three days.
Active police investigations are exempted from the FOIA — so don’t run down there and ask to see all the open investigations they have. Closed investigations are available for review.
And if you make a request under the FOIA, you will be expected to pay a fee. The fee is not supposed to exceed reproduction costs and the custodian providing the records must provide a breakdown of those costs.
If you want to know more about the FOIA — and there is much more to know — it is available online. Just search for “Arkansas Freedom of Information Act.”
Leeanna Walker is local editor of the Rogers Morning News. Follow her on Twitter at www.twitter.com/NWATwitter.