GUEST OPINION: UM ignores information request on fire safety data

Since January, we’ve been working with Mandy, a Montanan who properly requested fire safety records from the University of Montana. For six months, the university has outright ignored Mandy’s request. Her experience is typical and exemplifies the need for right to know reform.

In mid-November, Mandy emailed the university seeking fire safety inspection records. She believes that campus dorms aren’t meeting fire safety standards, possibly due to an uncompetitive bidding process. Within a week the university informed her that she sent her request to the wrong department. This happens frequently and is easy to fix. We are always happy to help determine where to submit your request.

Mandy then resubmitted her request to the correct department in late November and received an automated confirmation that her request was received by the university. She began to wait.

Her request for fire safety inspection records is not controversial or invasive; she sought information every Montanan has a constitutional right to access. Under Montana’s right to know, we have a right to access all public information, except in cases where individual privacy outweighs the merits of public disclosure (Article II, Section 9). We can’t think of any individual privacy interest protecting the university’s fire safety inspection history.

In mid-December, weeks after submitting her request, Mandy called the university to follow up on her request, but couldn’t reach anyone who could provide an update.

In January, Mandy connected with us for guidance on writing a follow-up email. We helped her identify the exact employees responsible for the request, and we helped her draft her follow-up email. She received no response.

After another two months with no response, she followed up again in April. Same story; no response. It has now been more than six months since she properly submitted her request.

Under Montana law, Mandy is owed an answer within a “timely manner,” or within 90 days, barring special circumstances. That 90 day timer has run out — twice. Her request seeks documents that already exist and should be readily accessible, and yet she hasn’t even received an update or explanation for the delay.

There is only one recourse for a requestor in this position: taking the university to court. Suing the university requires knowledge, time and money. Knowledge is needed to understand one’s options, something we’re working with the Montana Freedom of Information Coalition to make more accessible. Time is needed to understand the legal issues, connect with lawyers, prepare court filings and manage the process. Money is needed to pay the lawyers, and even if costs can be recouped upon winning the case, the possibility of losing means any right to know case is a financial risk.

These costs are too high for most Montanans who submit information requests. Even though most requestors have a right to the information they seek, resistance from the state forces requestors to give up.

We see this problem too often. State agencies, including the university, should manage information requests such that everyone gets a response. Agencies should make public information officers available to work with citizens seeking information. And perhaps there should be an administrative remedy to information request disputes, in addition to the courthouse.

We hope this story isn’t discouraging. Despite these obstacles, your constitutional right to know remains one of the most important tools you have to hold your government accountable. The solution to this problem isn’t giving up on the right to know, but rather fostering a stronger public expectation of transparency from public officials. 

If you have an information request you’d like to submit—or need help with an existing request—we would love to help you prepare the strongest request possible and navigate this often challenging process.

Jacob Linfesty is president to the Montana Transparency Project.