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The Arizona Freedom of Information Act is
Title 39 of the Arizona Revised Statues.
The official name of the Arizona Freedom of Information Act is
simply "public records" laws. Currently
all the sections in Title 39 can be seen at:
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=39
The most important part this Arizona law which allows you to demand to see
and get copies of
any public records including police records is:
ARS 39-121.01.D.1
D. Subject to section 39-121.03:
1. Any person may request to examine or be furnished
copies, printouts or photographs of any public
record during regular office hours or may request
that the custodian mail a copy of any public record
not otherwise available on the public body's web
site to the requesting person. The custodian may
require any person requesting that the custodian
mail a copy of any public record to pay in advance
for any copying and postage charges. The custodian
of such records shall promptly furnish such copies,
printouts or photographs and may charge a fee if the
facilities are available, except that public records
for purposes listed in section 39-122 shall be furnished
without charge.
The only information they can legally refuse to give you is the
home address and phone number of cops and sometimes cop photos. They can refuse
to give you the photo of a cop if the cop is working undercover
per: ARS 39-123.A
A. Nothing in this chapter requires disclosure from a
personnel file by a law enforcement agency or employing
state or local governmental entity of the home address
or home telephone number of a peace officer as defined
in section 13-105, a justice, a judge, a commissioner,
a public defender or a prosecutor. This exemption also
applies to a photograph of a peace officer who is
serving in an undercover capacity or who is scheduled to
serve in an undercover capacity within sixty days.
The full Arizona "public records" law
I have included all of the law that applys to demanding
records and information from Arizona government agency and police departments
as of July 2004.
39-121. Inspection of public records
Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.
39-121.01. Definitions; copies; printouts or photographs of public records; examination by mail
A. In this article, unless the context otherwise requires:
1. "Officer" means any person elected or appointed to hold any elective or appointive office of any public body and any chief administrative officer, head, director, superintendent or chairman of any public body.
2. "Public body" means the state, any county, city, town, school district, political subdivision or tax-supported district in the state, any branch, department, board, bureau, commission, council or committee of the foregoing, and any public organization or agency, supported in whole or in part by monies from the state or any political subdivision of the state, or expending monies provided by the state or any political subdivision of the state.
B. All officers and public bodies shall maintain all records, including records as defined in section 41-1350, reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities which are supported by monies from the state or any political subdivision of the state.
C. Each public body shall be responsible for the preservation, maintenance and care of that body's public records and each officer shall be responsible for the preservation, maintenance and care of that officer's public records. It shall be the duty of each such body to carefully secure, protect and preserve public records from deterioration, mutilation, loss or destruction, unless disposed of pursuant to sections 41-1347 and 41-1351.
D. Subject to section 39-121.03:
1. Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours or may request that the custodian mail a copy of any public record not otherwise available on the public body's web site to the requesting person. The custodian may require any person requesting that the custodian mail a copy of any public record to pay in advance for any copying and postage charges. The custodian of such records shall promptly furnish such copies, printouts or photographs and may charge a fee if the facilities are available, except that public records for purposes listed in section 39-122 shall be furnished without charge.
2. If the custodian of a public record does not have facilities for making copies, printouts or photographs of a public record which a person has a right to inspect, such person shall be granted access to the public record for the purpose of making copies, printouts or photographs. The copies, printouts or photographs shall be made while the public record is in the possession, custody and control of the custodian of the public record and shall be subject to the supervision of such custodian.
E. Access to a public record is deemed denied if a custodian fails to promptly respond to a request for production of a public record.
39-121.02. Action upon denial of access; expenses and attorney fees; damages
A. Any person who has requested to examine or copy public records pursuant to the provisions of this article, and who has been denied access to or the right to copy such records, may appeal the denial through a special action in the superior court, pursuant to the rules of procedure for special actions against the officer or public body.
B. If the court determines that a person was wrongfully denied access to or the right to copy a public record and if the court finds that the custodian of such public record acted in bad faith, or in an arbitrary or capricious manner, the superior court may award to the petitioner legal costs, including reasonable attorney fees, as determined by the court.
C. Any person who is wrongfully denied access to public records pursuant to the provisions of this article shall have a cause of action against the officer or public body for any damages resulting therefrom.
<SNIP>
39-123. Information identifying a peace officer, justice, judge, commissioner, public defender or prosecutor; confidentiality; definitions
A. Nothing in this chapter requires disclosure from a personnel file by a law enforcement agency or employing state or local governmental entity of the home address or home telephone number of a peace officer as defined in section
13-105, a justice, a judge, a commissioner, a public defender or a prosecutor. This exemption also applies to a photograph of a peace officer who is serving in an undercover capacity or who is scheduled to serve in an undercover capacity within sixty days.
B. The agency or governmental entity may release the information in subsection A of this section only if either:
1. The person consents in writing to the release.
2. The custodian of records of the agency or governmental entity determines that release of the information does not create a reasonable risk of physical injury to the person or the person's immediate family or damage to the property of the person or the person's immediate family.
C. This section does not apply to a certified peace officer who is no longer employed as a peace officer by a state or local government entity.
D. For the purposes of this section:
1. "Commissioner" means a commissioner of the superior court.
2. "Judge" means a judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the Arizona court of appeals, the superior court or a municipal court.
3. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.
4. "Prosecutor" means a county attorney, a municipal prosecutor, the attorney general or a United States attorney and includes an assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.
5. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.
They must give you the information promptly
Arizona government officials used to drag their feet and takes weeks or months to give citizens public records they requested. Sometime prior to 2004 the Arizona public records laws was changed so that government officials could not drag their feet and to make them give you the records as soon as possible. They added the words:
The custodian of such records shall promptly furnish such copies
to
ARS 39-121.01.D.1. So in theory the government officials must give you any records you request as soon as possible which I have read legal opinions that say that “as soon as possible” is in a few days or less, or right now when you request them.
They often refuse to obey the law
That’s right our public servants, and police officers who have sworn to obey the Arizona Constitution and all its laws often refuse to obey Arizona’s public records and provide citizens with public records they wish to see.
Sadly there are no criminal penalties which can be used to arrest and jail public officials or police officers refuse to obey the law. Your only recourse is to threaten the public officials with a law suit and if they still refuse to obey the law to sue them in court.
Some public officials are not aware of the law. Sometimes if you just show them the law and ask for the information they will comply with the law and give you the information. Sometimes they think their public information is special and that the law doesn’t apply them. Point out the section of the law to them that says the law applies to all public records ie:
ARS 39-121.01.D.1 Any person may request to examine or be furnished copies, printouts or photographs of
any public record
during regular office hours
Some public officials think they are royal rulers and don’t have to obey the law. Just threatening them with a law suit will sometimes get them to comply with the law. The
Arizona Tourism and Sports authority refused to honor a demand for the e-mail addresses of all their board members. They said those e-mail addresses were confidential information and not covered by the public records law which was 100% bull. They were sent a letter demanding that they obey the public records law and threatening to sue them if they did not honor the request for the e-mail addresses. They gave the threatening letter to their legal staff who told them to honor the request and in three days they gave out the e-mail addresses.
Sadly the police refuse to obey the law most often. The police know they can’t be punished for refusing to obey the law and often intentionally refuse to obey the law to stonewall people they consider low life.
The Arizona law
ARS 39-121.02.A defines what you have to do to force the police and other government officials to obey the law, ie:
A. Any person who has requested to examine or copy public records pursuant to the provisions of this article, and who has been denied access to or the right to copy such records,
may appeal the denial through a special action in the superior court, pursuant to the rules of procedure for special actions against the officer or public body.
In Maricopa County you can go to the Maricopa County Law library and the workers there will show you how to write up and file a lawsuit of this type where you act as your own attorney. They also have computers which you can use to type up the lawsuit.
If your poor they will show you how file the lawsuit with out paying the usual filing fees.
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