Government officials often try to keep public records secret, and then taxpayers have to pay for the misdeeds

Nate Jones, FOIA Director

Nate Jones of The Washington Post explains what he and other journalists do when government officials refuse to turn over records and tallies what that resistance can cost taxpayers. Below is an excerpt from the latest installment of his "Revealing Records" series.

"If government officials refuse to release public records, they can be sued in court to force disclosure — and even ordered to pay the legal fees of the requester.

"That recently happened after a Post reporter requested the disciplinary records of a prominent D.C. police officer" who had been charged with two counts of sexual activity with a minor. "District officials denied the requests. But The Post sued in D.C. Superior Court, and a judge determined city officials had violated the D.C. Freedom of Information Act. He ordered the city to disclose the records and pay The Post's reasonable attorneys' fees and costs, as required by the D.C. FOIA statute. That reimbursement eventually totaled $70,347.48, as disclosed in a public court filing.

 Photo by Marissa Vonesh,
The Washington Post

"Nationwide, local and state police records are some of the most difficult for members of the public to obtain. Although each state has its own public records law — most of which were modeled after the federal Freedom of Information Act — state legislatures have carved out strong exemptions that block public access to many law enforcement records. Departments often refuse to release records based on exemptions for 'investigatory records' or 'personnel files.'

"Even when states have changed laws to make specific types of police records available, as in California, New York, Maryland, and Virginia, officials have resisted. . . . Last year, D.C.’s elected leaders took their own steps to ensure public access to police disciplinary records. The D.C. Council passed the Comprehensive Policing and Justice Reform Amendment Act last December, and it became law in May after President Biden vetoed congressional efforts to block it.

Jones wrote that "the primary reason that the Post seeks fees in this and other cases is to make government officials understand that there are consequences for improperly withholding important records from the public."