A Republican lawmaker is continuing his yearslong crusade to force local governments and state agencies to be more transparent with the public.
Rep. Michael Carbone’s bill would require those entities to respond to public records requests within five days and provide an estimated timeline for fulfilling the request.
Carbone, a Buckeye Republican, says the legislation is needed to ensure public bodies are responsive to taxpayers.
“We should be communicating with folks and not just blowing them off, and that's what's happening,” he said. “And it's not just one agency. I’ve seen it all over personally.”
But critics said the bill, which imposes a fine of up to $5,000 for failing to comply with a public records request, is too burdensome, especially for small agencies that may only have one person on staff to respond to records requests.
If that person is sick or on leave, it would be difficult for a small police department to respond to requests within that five-day window, said John Thomas with the Arizona Association of Chiefs of Police.
“We can't do it in the time period that is requested, so you can tell us they need to do that, but they don't have the people there to do it,” Thomas said.
Supporters argued the rules are needed to strengthen Arizona’s existing public records law to stop agencies and local governments from holding onto records requested by the public longer than necessary.
“This bill makes key changes, enhancements to our Sunshine laws,” said Chris Thomas, the director of legal strategy for the conservative Goldwater Institute.
Unlike previous versions of Carbone’s bill, the new proposal would also require public bodies like city councils and county boards of supervisors to hold open public comment periods during their meetings.
While most public bodies already allow for public comment, it is not required by state law. The bill would require those bodies to hold a public speaking period that lasts at least 30 minutes within the first 30 minutes of each meeting.
Jacob Emnett, representing the County Supervisors Association of Arizona, said the proposed rules are too restrictive and could disrupt a board’s attempts to manage time efficiently while discussing complicated topics at meetings.
“We feel the bills of this nature that prescribe when, where and for how long certain items must occur make that difficult,” Emnet said.
The Arizona House of Representatives’ Government Committee passed Carbone’s bill on a 4-1 vote with only Republican support.
