‘No need to use magic words’

The Open Government or “Sunshine law” was created to err on the side of disclosure, one local lawyer who uses the Open Government Act regularly explains.

“This law, almost every state has one. These laws are called Sunshine laws sometimes. All it takes is a request to the custodian of records at whatever department you want the document,” lawyer George Hasselback said.

In the CNMI, it is best to send a letter to the head of the agency. For example, he said, if somebody wants something from the Department of Public Safety, they should address it to the Commissioner and it can then be forwarded on to the pertinent person.

“If somebody wants to do it the right way, they should probably reference the Open Government Act,” he said. “They should describe the document specifically enough so they know what you’re talking bout. You don’t need to use any magic words. It is a law that is intended to err on the side of disclosure.”

Hasselback said open government laws were created to help the citizens obtain public records.

“Back in the days before these types of laws, you’d request records that were supposed to be open but you’d get the runaround from the various agencies, ‘Oh, well, you have to talk to so and so, oh you have to talk to so and so. I don’t know where the records are. The records are in the other building. I’ll get to it when I have to,’” he said. “What this does is it puts the burden on the government. They have a certain amount of time to respond to you. If they don’t, they can be liable for penalties.”

In the CNMI, government agencies are required to provide the documents within 10 days and can charge a reasonable fee for copying.

In his experience, Hasselback said some agencies in the Commonwealth get an A+ and some get an F.

“Like every other law in the CNMI, it’s a matter of whether or not it’s enforced,” he said. “There are some times it’s just not enforced. I understand it’s Saipan, we’re all supposed to be a little more relaxed, but the way the law reads you have 10 days. Ten days to act on it.”

If an agency representative says he or she is going to work on preparing the documents, Hasselback said that is usually sufficient for him, but when months and months go by without any word that becomes a problem.

“I have had some problems with certain agencies and I’m looking at my options under it (the law),” he added.

He said the experience doesn’t have to be antagonistic, adding that when some agencies receive the letter they automatically call the Office of the Attorney General or departmental lawyer, which does not have to be the case.

On July 4, 1968, President Lyndon B. Johnson signed the Freedom of Information Act into law. It went into effect the following year. The Act applies only to federal agencies. However, all 50 states, Washington, D.C. and some of the territories have similar laws.

The Commonwealth’s law is pretty standard, Hasselback said.

“These laws are in several states. Guam has a similar one,” he added. “Many other states have these laws in place. The details may change a little. They may have a different time to respond, or they may have different statutory requirements, but it’s all going to be about the same thing. There’s not going to be any huge variation from state to state.”