Lawmaker wants to make it easier to deny “unduly burdensome” publics records requests

Regional News

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State lawmakers are making a new bid to make it easier for public officials to deny requests for records they believe are “unduly burdensome or harassing.”

The proposal by Sen. John Kavanagh, R-Fountain Hills, leaves in place existing requirements for records to be open to public inspection. And it spells out that those who are denied access can sue and recover their legal fees.

But SB1019 adds a requirement that the records sought be identified with “reasonable particularity.”

Potentially more significant, it provides public officials with the ability to claim that “the request for access to public records is unduly burdensome or harassing.”

Kavanagh acknowledged that his legislation provides no definition for either term. But the senator said that does not make it a flawed measure.

“Just like when the personal privacy trumps the public’s right to know is vague,” he said. “But we live with that and we allow judges to make that determination.”

He said it’s a matter of common sense saying some people “take pleasure out of making the government do all this work and then not even showing up to look at it.”

The measure traces its roots to problems in several rural areas.