Mission: Obtain open records as private citizens

By DANIEL PERRY
The Monitor (Reprinted with permission)

McALLEN — The plan was simple: Don’t be a reporter. Be a tax-paying citizen of the Rio Grande Valley.

But the mission to obtain public information wasn’t as simple.

Staffers from the four Valley Freedom Newspapers were told not only which records to get during this six-week long examination, but also how to behave like ordinary citizens. The purpose was to see how available public records are to the general public.

(Sidebar: Reporters' Anecdotes: Read what they experienced in trying to obtain records for local entities.) View the entire series at www.themonitor.com/

Reporters were given detailed information on how to approach city, county and school employees, what information to offer and how long to wait for requests to be fulfilled. Then they were assigned cities according to which newspaper they worked for.

For instance, staff at The Monitor went to entities in Cameron and Willacy counties because most would not be recognized by name or face by school, public safety or government employees.

Staffers found at some entities that the power of the media sometimes guarantees reporters more and quicker access to public documents than other people.

“We went out not to pose as ourselves, journalists, but we sent our reporters out as private citizens to see how public officials would respond to requests for access to public information,” said Steve Fagan, editor of The Monitor.

Reporters from the four newspapers went to their destinations in mid-October to ask for city and county commission minutes, school board minutes, police reports, jail logs, school superintendent contracts and expense accounts for mayors, county judges and city administrators.

They were told to dress as they would for a regular workday and not to arrive at a time when public officials or clerks would be busy or leaving for the day.

Participants were advised to take with them prepared letters to give to clerks and other workers to expedite the information gathering process. They also took along a copy of the state public information law.

They were instructed not to be rude, to look for posted Public Information Act signs and not to name their employer. People seeking public information do not have to provide their workplace or the request’s purpose, according to state law.

Some were asked who they worked for, and others were followed by police. Some reporters and editors were asked for their phone numbers. Others were asked why they wanted the information.

Some entities asked for an official request in writing. Staffers were told to oblige with the request but to give no more information than their name and, if necessary, an address to send the information.