On February 11, Executive Director Michael Sanderson testified before the Health and Government Operations Committee in support of HB 821 – Public Information Act – Denials – Pending Litigation.
This bill provides reasonable standards for a local custodian of records to deny inspection of documents when a Public Information Act request is for materials that could be consequential to current or reasonably pending legislation. Representatives of the Office of the Attorney General suggested bill amendments to clarify its intent, which MACo also supported.
Mr. Sanderson said, “…among our local government custodians, we frequently hear that a weakness in current law is litigants using the PIA as a way to go around the discovery process for their suit.”
Access to records and stringent procedural components are in place to make sure this process is as efficient as possible. However, there are times when revelation of certain information could compromise taxpayer dollars tied to government litigation, or rightful defendants when recovering damages.
The Committee discussion and questions during the hearing suggested that they would likely form a “work group” to take up this bill and HB 806, to work through the goals and breadth of their effects.
HB 821’s cross-file, SB 555, was heard on February 20 in the Senate Education, Energy, and the Environment Committee. Associate Policy Director Sarah Sample testified in support of this bill.
SB 555 was heard in the opposite chamber, the Health and Government Operations Committee, on April 1. MACo submitted written testimony in support of this bill.
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