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This has been an interesting thread...

We get requests from time-to-time from out-of-state folks who want city records and invoke FOIA as their right to obtain these records.  FOIA does not apply to state laws.  States differ on how they define "public records.  Under NH law, for example, dog license records are confidential.  (Perhaps some state legislator got tired of receiving junk mail from pet grooming services.)

Some out-of-state requests are being submitted for commercial purposes: requests for copies of all liens on file in our office, or of all outstanding uncashed checks (unclaimed funds), or telephone calls looking to "verify" a voter's address (skip tracers), etc.  I do believe strongly that the public has the right to know how its government conducts it business.  I wonder sometimes, though, why our taxpayers have to support out-of-state commercial enterprises.  It does take staff time away from tasks that might be of more value to those we directly serve and who pay our salaries.

Paul Bergeron
City Clerk
229 Main Street
Nashua, NH  03060


-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Tyler, Judy K Ms CIV USA MEDCOM CRDAMC
Sent: Monday, September 10, 2012 2:42 PM
To: [log in to unmask]
Subject: Re: [RM] Should text messages by Alaska government employees be accessible to public? | Alaska Dispatch (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Under Federal FOIA laws, you don't even have to be a citizen to file a FOIA request.


Judy K. Tyler, CRM
Records Management/FOIA/PA/Forms Management Officer Carl R. Darnall Army Medical Center Fort Hood, TX  76544 DSN 738-8009 Commercial 254-288-8009 Fax 254-286-7755

Serving to heal...honored to Serve

"Compassionate, World-Class Healthcare - One Patient at a Time"




-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Steve Whitaker
Sent: Monday, September 10, 2012 1:36 PM
To: [log in to unmask]
Subject: Re: Should text messages by Alaska government employees be accessible to public? | Alaska Dispatch

 Why should anybody else have rights to others' records?   It is not their
state; it is not their city; they are not a citizen or a resident; they pay no taxes there; and they do not do business there.  They have no rights to those entitities' public records; which should be restricted to only those above.

I have property in Missouri and I also have a residence in Ohio.  I would not expect to have any rights to receive public records from any other state or commonwealth; or city or county in any other states.

I agree with federal FOIA rights as I am a citizen.  I agree with states and commonwealths having state public records laws; open records laws; or a
state version of a FOIA.   However, they should not apply to anyone who
does not meet the critera I have defined in this thread.


I hate paper ...


Best regards, Steve
Steven D. Whitaker, CRM


On Mon, Sep 10, 2012 at 1:59 PM, David T. Macknet <[log in to unmask]>wrote:

>  Steve,
>
>  Why must they have rights within the political entity?  Why privilege
> those who live there?  If the records pertain to someone outside the
> political entity, or are of interest to that person, it would seem
> that they should be available.  By restricting them to people who have "rights"
> to them, they're essentially restricted.
>
>  -D
>
>
> List archives at http://lists.ufl.edu/archives/recmgmt-l.html
> Contact [log in to unmask] for assistance To unsubscribe
> from this list, click the below link. If not already present, place
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>



--

Best regards, Steve
Steven D. Whitaker, CRM

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Classification: UNCLASSIFIED
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