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5 U. Balt. J. Media L. & Ethics 46 (2016)
Public Records Professionals' Perceptions of Nuisance Requests for Access

handle is hein.journals/ubjmleth5 and id is 46 raw text is: PUBLIC RECORDS PROFESSIONALS' PERCEPTIONS OF NUISANCE REQUESTS FOR ACCESS MICHELE BUSH KIMBALL* It is no secret that the interactions between information access professionals and records requesters can be adversarial. On the surface, these interactions may seem like simple disagreements over paperwork; in reality, they play a more important role in the democratic process. Transparency allows oversight into government function and a stronger, more effective citizenry. The interface between access professionals and records requesters is a practical illustration of democracy in action. Previous research has shown that nuisance requests prompt some of the most contentious interactions. This study uses mixed methods to explore how access professionals define nuisance requests and how they respond to requests they do not want to fill: requests they consider to be ridiculous, burdensome, inconvenient, unreasonable, unwarranted, vague, or frivolous. Legal analysis shows that no state allows denials on those bases. A handful of states allow extra time for responses, but these requests must still be filled. This study is framed in terms of the concept of street-level bureaucrats, and posits that government workers such as access professionals will adjust the way they carry out policies to suit their needs. The results explain what frustrates access professionals the most and provides guidance for both sides of the request process on ways to improve their interactions so as to strengthen citizen participation in democracy. Keywords: public records, access, freedom of information I. Introduction It is no secret that the interactions between access professionals and records requesters can be adversarial.1 In one such case, The Chicago Tribune 1E.g., DAVID CUILLIER& CHARLES DAVIS, THE ART OF ACCESS: STRATEGIES FOR ACQUIRING PUBLIC RECORDS 114-36 (CQ Press 2010); David Cuillier, Honey v. Vinegar: Testing Compliance-Gaining Theories in the Context of Freedom of Information Laws, 15 COMM. L. & POL'Y 203,204 (2010); Melissa Davenport & Margaret B. Kwoka, Good, ButNot Great: Improving Access to Public Records Under the D.C. Freedom of Information Act, 13 UDC- DCSL L. REV. 359, 367 (2010); Michele Bush Kimball, Shining the Light from the Inside: Access Professionals'Perceptions of Government Transparency, 17 COMM. L. & POL'Y 299- 328 (2012) [hereinafter Shining the Light]; Michele Bush Kimball, Law Enforcement Records Custodians'Decision-Making Behaviors in Response to Florida's Public Records Law, 8 COMM. L. & POL'Y 313 (2003) [hereinafter Florida's Public Records Law]; Daxton UB Journal of Media Law & Ethics, Volume 5, No. 1/2 (Winter/Spring 2016) Page 46

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