Government agencies that destroy requested public records can be held liable, Arizona high court rules

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Image by Sear Grayson from Unsplash

Government officials who destroy a public record while they were aware it had been requested can be held liable for damages, the Arizona Supreme Court ruled Sept. 18.

Capitol Media Services reported on kjzz.org that the state’s highest court also granted new rights to anyone who endures undue administrative delays and denials, including the right to recover legal fees in some cases.

Further, in their unanimous decision, the justices decided that “trial judges should give no deference to a public agency’s determination that a particular document is not subject to disclosure,” Capitol Media Services reported.

The ruling regarded the case of Matthew Abraham, whose attempt to receive certain program positions at the University of Arizona was turned down. He asked whether the university complied with 2010’s Proposition 107, a voter-approved amendment to the Arizona Constitution barring the state, including its public universities, from “granting preferential treatment or discriminating against any individual on the basis of race, sex, color, ethnicity or national origin in public employment, education or contracting,” Capitol Media Services wrote.

Abraham filed several requests for public records dealing with hiring and appointment practices and the university’s search and selection process.

Read the Capitol Media Services story on kjzz.org here.

Read the Arizona Supreme Court opinion in Abraham v. Arizona Board of Regents below:

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