Guest Editorial by Vermont Secretary of State Jim Condos.
I am asking all legislators to join me in committing to protect and expand access for Vermonters who are seeking access to public records. Open government is good government!
Vermonters shouldn’t have to pay for access to inspect public records that their government creates in the course of agency business. They shouldn’t also be charged an arm and a leg to inspect those records. Public records access isn’t merely a courtesy. These records actually belong to the public. Government agencies and staff are merely the custodians in possession of them.
Government should not be shutting Vermonters out and operating behind closed doors – instead the doors should be opened, letting the sunshine in. With trust in government at an all-time low, I truly believe that sunshine is the best disinfectant.
The Public Records Act makes clear that government agencies may not charge the public for access to inspect and that the identity or motive of the requestor cannot be a factor when deciding on whether to grant access.
The Vermont Supreme Court (2019) decision in Doyle v. Burlington Police Department states clearly that the law does not allow charging for inspection of documents.
Additionally, the law says when charges are applicable, government can only charge for the actual cost incurred. This is critical to a functioning government, allowing the public to audit, criticize and ultimately develop trust.
I know it isn’t easy. Redacting information that shouldn’t be broadly released, like personal medical information or personal identification information from a record, can be onerous and take up staff time and resources.
To be frank, at times it can be a burden. As a government by and for the people, that is our burden to shoulder.
I hope that if our Legislature considers proposals to change Vermont’s public records laws, they will join me in looking forward to strengthening the law and not seek to move us backward.
We should expand access by consolidating or clarifying the many exemptions spread across statute and by creating a public records ombudsperson to support and enable the law to work effectively, not only for the public but also for the agencies wishing to follow the law and comply.
