About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

23 St. & Loc. L. News 1 (1999-2000)

handle is hein.journals/stlolane7 and id is 1 raw text is: /M Section of State and Local Government Law LOCAtLW EU S1 UWiW The Section serves as a collegialforum for its members, the profession and the public to provide leadership and educational resources in urban, state and local government law andpolicy. The Public's Right to Know: Sunshine Laws an Private Vendors By Barbara Croll Fought A Connecticut resident, angry because he bought a lemon pickup truck, began tracking why the state Department of Motor Vehicles (DMV) no longer required mechanics to certify that repairs were made according to the manufacturer's specifications. The DMV told Andrew Simso it did not have any records on the policy change. Then he went to find the documents at the private con- tractor that performs the state's emissions testing, Envirotest Systems Corp. The business told Simso, in effect, we're a private company, we don't have to give you our records. Simso turned his righteous anger into action. He brought his case to the Connecticut Freedom of Information Commission. It has the power to order disclosure of records and did so. But Envirotest appealed and prevailed in Superior Court.' The case is now before the state's appellate court. I think you should have this information if it's a gov- ernment-mandated program, says Simso, who added that he fears government agencies can hide information by con- tracting with private entities to do government-mandated services. The situation that Simso encountered is repeating itself across the country as state and local governments become swept up in the wave of privatization, with little thought of how citizens' rights to public information are being con- tracted away. Nor are private businesses, such as Envirotest, aware that they might take on public responsibilities when they sign on with a public body. Barbara Croll Fought, is an associate professor at the S. I. Newhouse School of Public Communications, Syracuse University, where she teach- es media law and broadcast journal- ism. She is also a member of the board of directors of the National Freedom of Information Coalition Even when attorneys or elected officials give assurances of confidentiality, courts have still mandated disclosure of records under state sunshine laws. Such was the case with a company that contracted with the city of San Gabriel, California, to pick up garbage and ended up having to release its financial statements after a fee increase upset residents. Thus state and local government attorneys writing con- tracts with private vendors need to be aware of the implica- tions of their states' public records laws. A recent review of case law netted more than thirty instances, in nineteen states, in which the issue has been litigated. Most often the courts side with the plaintiffs seeking access to the private contrac- tors' records. For this analysis, cases involving nonprofit cor- porations and quasi-public agencies were not included. Types of Services The cases cover various privatized services. Some are traditional municipal services, such waste disposal, social services, or school busing. A private vendor hired to trans- port school children in Atlanta had to surrender its list of drivers after a two-year court battle that ultimately reached the state's highest court. The plaintiff, a TV news station, wanted the files to check out a tip that some drivers, fired earlier for substance abuse, were again ferrying children through the city? (continued on page 18) * Chair's Message, page 2 *Section News, page 3 * To Connect or Not to onjic, page 5 *Supreme Court ath page 7 Section FallMn an ii as City, page 10 *Recent Devetop 1 * Environmentio v I: I I * Washington's Labyrinthiw ypge 15 Vol. 23, No. 1, Fall 1999

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most