Public Record Law Exceptions Die in Judiciary Committee

"Premature protectionism of agencies and bodies will hinder progress." This was the key message delivered by the Wyoming Liberty Group to the Judiciary Committee when they convened for their second meeting on August 15^thand 16^th. The Committee agreed, and in a sweeping vote, killed Senator Tara Nethercott's motion to move forward on drafting a bill with proposed public record exceptions.  

The proposed bill would have made law protecting agencies and bodies who hold public records, preventing timely disclosure and harming citizens, non-profits and the press. The current law already states that disclosure is required within 30 days unless "good cause" exists – a timeline longer than most states.

The Liberty Group stated "good cause" determinations would be part of the job of the ombudsman who can communicate and mediate timelines. Some on the Committee seemed too zealous to change a law that had barely come into effect as the ombudsman position isn't even filled yet.

The Committee, chaired by Nethercott, took an approach to the two-year review of public records and meetings laws that worries some stakeholders. At the first meeting earlier this summer, she directed a survey be conducted by the Legislative Service Office ("LSO") about why a new law (which wasn't even in effect yet) was unduly burdensome. The results of this survey backfired showing that entities are not being bombarded with large record requests consistently. That narrative is simply false.

The Liberty Group encouraged innovative solutions rather than running from the unavoidable problem - the days of digging through banker boxes and redacting documents one at a time are problematic for both agencies and requesters. Agency protectionism through codified exceptions would only increase litigation and loopholes in the long run. Legislating out of fear is never as powerful or effective as legislating out of logic. The Committee agreed.