A nationwide review of state procedures reveals a patchwork of complicated systems for resolving open government disputes that often put the burden of enforcing…
A nationwide review of state procedures reveals a patchwork of complicated systems for resolving open government disputes that often put the burden of enforcing transparency laws on private citizensDana Holladay-Hollifield has worked as a nurse in Alabama for years, but never was her pay as low as it was at Huntsville Hospital.
“This is supposed to be easy to access,” she said. “I’ve got three kids; I’m taking care of my mother-in-law and my husband. I mean, I don’t have a spare $10,000.”Holladay-Hollifield’s predicament represents what experts say is a fundamental breakdown of American democracy: the fact that, in most states, the most effective — and often only — option for residents to resolve open government disputes is to sue.
“We have notified her in writing that we contend executive salaries are confidential and not subject to an open record request,” Campbell said in an email. Others give their attorneys general authority to issue opinions or take matters to court, though experts say they rarely pursue litigation.When LaPorte County, Indiana, Prosecutor Sean Fagan took office last year, one of his first requests was to access emails from the office’s prior administration to review details about ongoing cases.
It took four years and, according to Campbell, tens of thousands of dollars in legal fees he won’t recoup. That authority saved Ellen Moriarty, of suburban Chicago, around $1,000 in attorney fees after she was denied a copy of a settlement agreement by the Homer Township Trustee’s Office.
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