EDITOR’S NOTE: This memorandum was sent to all employees of the state Department of Health after the director, Dr. Fay Boozman, was informed of results of a survey of department compliance with the Freedom of Information Act.

Memorandum
TO: All Colleagues
FROM: Fay W. Boozman, M.D., Director
DATE: September 13, 1999
SUBJECT: Freedom of Information Act

For over thirty years State law has required that public records be open to the public. With the enactment of the Freedom of Information Act of 1967 (FOIA) our Legislature declared that ‘’the proper functioning of a democratic society is dependent upon the public being informed at all times with respect to the operation of government, and public officials shall at all times be held accountable for their public actions and conduct ...’’

Most of you participated in the adoption of our guiding principles which contain in part the following language: Open Communication - We will share information in an honest, complete and timely way; and Accountability - We will be good stewards of public funds and uphold the public trust through adherence to the law and to Department policies, standards and guidelines.

I want each of you to know how passionate I am about not only our legal duty but also these fundamental principles and values.

I recently received a report that a statewide media survey has revealed deficiencies in our Agency’s ability to follow the law and our policy and principles concerning the Freedom of Information Act. You are all hard working, dedicated colleagues who share my support for the public’s right to appropriate access to information. I say appropriate because we maintain some records, which are not open, because they contain medical information. But, most of our information is public. We must take immediate steps to correct all inadequacies and deficiencies so that we are fully compliant with FOIA, agency policy and our guiding principles. This is an area of operations where there is no margin for error.

I have directed that the following steps be taken:

1. You will each be expected to thoroughly read the attached FOIA policy by September 20, 1999. If you have questions, they should be referred to your supervisor.

2. Beginning September 15, 1999, each division director, area manager and local health unit administrator shall place a copy of the FOIA policy in a folder and maintain it at the reception desk at all department offices.

3. Not later than October 1, 1999, the Agency employee orientation packet will include a copy of the policy, a summary of questions and answers as well as instruction about the FOIA.

4. Between now and March 1, 2000, a special training session will be conducted in your work area by representatives of the Office of General Counsel and the Office of Communications so that you can become fully informed about all relevant FOIA issues.

Meanwhile, I seek your support and cooperation to quickly remedy this very serious problem. I cannot over emphasize how important this is to me, and I know I can count on the outstanding staff of this great organization to respond in a meaningful and professional way.