03/19/2009

Governor signs open records law

By CHET BROKAW
Associated Press Writer

PIERRE, S.D. (AP) — Gov. Mike Rounds announced Thursday he has signed into law a measure that presumes government documents in South Dakota are public unless there's a good reason to keep them secret.

The governor and some local government groups opposed a similar measure last year, but Rounds said this year's bill strikes a balance between opening public records and protecting the private information that some agencies hold about people.

"We had a year to look at a number of areas in which privacy really needs to be maintained," he said.

"The public clearly has a right to know what government is doing and to participate in the process," Rounds said.

But he said all levels of government get a lot of information from people and businesses. "Much of that information is private and should remain that way."

David Bordewyk, general manager of the South Dakota Newspaper Association, said it was appropriate that the open records measure was signed into law during Sunshine Week, an annual national recognition of the importance of open government and freedom of information.

"Overall, it's a great day for openness in government in South Dakota," Bordewyk said, noting the new law will take effect July 1.

The new law makes a big change in presuming that government records are open, Bordewyk said.

"We now shift the burden from the public having to prove why they should have access to certain government information to put the burden on government to defend why certain information should be maintained confidential," Bordewyk said. "That's a big thing."

Current state law generally provides that government records are open if any agency is required by law to keep those records, but it closes many kinds of documents.

The new law starts with a presumption that records are open to public inspection. It then closely follows laws in other states to list the kinds of records that must be kept confidential.

Such records include medical and financial information about people, student records, trade secrets, university research secrets and security information that would endanger the public if released.

Rounds said changes were made in the bill to protect some information so government officials can work effectively.

One provision says information will not be released on correspondence, calendars, appointment logs, working papers and records of telephone calls of public officials and government employees.

Before the changes, the bill would have made public the names of people who reserved camping spaces or motel rooms in Custer State Park, Rounds said. It also would have made public the fact that someone had contacted a state official to ask questions or give advice, he said.

In addition, the governor and other officials must be able to consult with staff members and other officials to exchange ideas before making their final decisions or proposals public, Rounds said.

The governor said he would have trouble getting businesses from other states to relocate in South Dakota if he had to disclose every meeting with business owners. "If you have to release information like that on a daily basis, who you're meeting with and so forth, you just as well kiss economic development goodbye."