Guest Comment: Open records, nit-picking, common sense

The editor of the Green Valley News, Mr. James Bennett, wrote in his column of April 20 that he was denied access to a public record by the Pima County Sheriff’s Department, a violation, in his opinion, of the Arizona Public Records Law. He also wrote another column May 4 on a subsequent visit to the Sheriff's office for reports.

A Letter to the Editor, published on April 27, written by Mr. Steve Ault, has several complaints against the Pima County Sheriff’s Department and our local fire department.

Apparently, it’s open season on the most functional, and, for the majority of citizens, the most popular of governmental agencies.

I will respond to both complaints with credible facts, a principle that both writers ignored.

First, Mr. Bennett’s column is entitled, “Sheriff’s policy effectively hides public records.”

He states he recently tried picking up Sheriff’s Department reports on a Green Valley case and was astounded about the reluctance to serve the public. You have to go through a maze of suspicion before getting what you need.

Then Mr. Bennett goes on to say that when it comes to public records, the Sheriff’s Department asks for your name, photo ID and why you want the incident report before considering to “cough it up.”

Finally, Mr. Bennett says it is not the Sheriff’s Department’s job to redact (remove) information in reports other than personal information such as Social Security numbers, addresses, phone numbers and names of witnesses.

FACTS: The Sheriff’s Department is required by law to comply with the Arizona Public Records Law, which states, “Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.”

However, there is a sufficient amount of case law on the subject that serves to clarify and further define the statute.

Arizona courts have long recognized personal privacy as an exception to the general rule requiring access to government records. The Arizona Supreme Court has also recognized that an officer or custodian of public records may refuse inspection of public records to protect the best interests of the state where inspection might lead to substantial and irreparable private or public harm.

Futhermore, Section 6.5.1 of the Arizona Agency Handbook on the subject matter, states that “when confidential and public information are commingled in a single document, a copy may be made available for public inspection with the confidential information excised.

See Carlson, 141 Ariz. at 491, 687 P.2d at 1246. This handbook on Public Records Law was written by the Arizona Attorney General.

Lastly, the Pima County Sheriff’s Department records section requires that reports of questionable confidentiality be reviewed by a detective before public review is authorized. The report is then released either in total or redacted. This is obviously a very reasonable and needed policy.

And, yes, the Sheriff’s Department does require completion of a form requesting the information and they ask for a photo ID. The photo ID is not required and the requesting person may refuse to comply. But, is that really an inconvenience? I suspect the photo ID request is designed to discourage report review by unscrupulous individuals.

Mr. Ault complains that governments, too often, are out of control, unresponsive and excessive. He cites the following as an example: “A mammoth fire department ladder truck pulled up the other day and three firemen sauntered up to a neighbors home to retrieve a small snake. Here’s a bit of excess I’m not sure we can afford.” He suggests a fleet of mini pickups versus super trucks would impress him.

FACT: This is snake season. All snakes are relatively small. The Fire Department does dispatch small vehicles first. When those are out of service or on another call, they dispatch whatever they have available. You, Mr. Ault, would not like the alternatives.

They can tell you that their “small” vehicles are out of service at the time and ask you to keep watching the snake until a gas friendly vehicle is available. “It may be an hour or more, but we will respond.” Or, like the town of Sahuarita, a charge of $75 will be assessed for snake removal.

Mr. Ault’s other concern is, “How often have you seen a Border Patrol or other enforcement vehicles speed without emergency lights on?”

COMMON SENSE: How many private vehicles do all of us see speeding at various degrees daily. Do you drive 25 mph or less on Esperanza?

If a law enforcement officer is driving or speeding recklessly, report him/her.

If not, allow them to respond to calls for service as quickly as possible. Actually, it is more dangerous to drive with red light and siren. All other drivers don’t stop or pull over!

I have considerable experience in this area and so do local agencies!

Gentlemen: Please challenge problems you see in government, but please don’t nit-pick.

William Davis and his wife, Judith, have lived in Green Valley since 1994. He is a graduate of Redlands University in Redlands, Calif., and a retired Los Angeles Police Department captain.

The views expressed are the author’s and not necessarily this newspaper’s