FOIA gives people access to workings of government for 40 years

By JEANNI ATKINS - MISSISSIPPI CENTER FOR FREEDOM OF INFORMATION

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OXFORD -- Dozens of FOI requests to the Peace Corps were used by the Dayton Daily News to publish a series on the dangers to volunteers - especially women - in other countries from violence, accidents, disease and suicides.

These are only a few of the thousands of examples of how the FOIA is used to hold government accountable. To find out more about the federal Freedom of Information Act and how to use it, go to the Reporters Committee for Freedom of the Press Web site: http://www.rcfp.org/foiact/index.html

A glance at open records in other states
Here's a glance at the way some states handle open records requests:

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OMBUDSMAN

State government offices serve as the people's advocate and provide an alternative to litigation in 17 states. An authoritative, independent mediator investigates problems, resolves access disputes between citizens and agencies, issues advisory opinions, interprets statutes, educates and trains government employees and recommends legislative and administrative policy changes to improve access laws. (Arizona, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Maryland, Massachusetts, Minnesota, New Jersey, New York, Tennessee, Utah, Virginia, Washington.)

The attorney general plays an active role in some states in investigating citizen complaints, issuing opinions requested by both citizens and government agencies, and filing lawsuits on behalf of citizens. (Kentucky, Nebraska, North Dakota, Rhode Island, Texas.)

NON-GOVERNMENTAL BODIES RECEIVING PUBLIC FUNDS

Indiana: The definition of "public agency" includes any entity or office that is subject to budget review or audit. Under this definition, non-governmental bodies receiving public funds or benefits would be subject to the act. A "public entity" is defined as any provider of goods, services, or other benefits that is: (1) maintained in whole or in part at public expense; or (2) supported in whole or part by appropriations or public funds or by taxation.

Maryland: A non-governmental body created by statute, but that receives no public funds may be subject to the Public Information Act if: (1) the body serves a public purpose, (2) the government exercises a certain degree of control over it; and (3) it is immune from tort liability.

Arkansas: Records of "any... agency wholly or partially supported by public funds or expending public funds" are subject to the Freedom of Information Act. Arkansas Code Annotated 25-19-103(5)(A). Thus, the act applies to non-governmental entities that receive public funds." Receipt of public funds is not sufficient to make an entity subject to the FOIA, but "the question is whether the private groups carries on 'public business' or is otherwise entwined with the activities of government."