ART. VIII, SECTION 6. FREEDOM OF INFORMATION
April 16, 2008 – 4:57 am(a) The right of the people to the information on the activities of the government is essential to the proper functioning of the state. Any records created or maintained by any governmental body in the state must be produced upon request by any individual except in the cases provided by law but limited to cases where disclosure would cause a significant governmental or public harm. The requirement to disclose is generally presumed and the burden of proof against disclosure is on the governmental body. In the case a legitimate need exists to restrict information, only the protected information shall be withheld by redaction and with a detailed statement explaining the reason of the redaction.
(b) All purchases, expenditures, budgets, statements of economic interest or conflict of interest statements, contracts or any other financial records shall be published online and available without request to any interested individual within 7 days of the document being generated or the funds being transferred.
(c) Any intentional withholding of information that is subject to disclosure or the use of flippant, frivolous or malicious means to delay, obstruct or coerce an individual from receiving information subject to disclosure shall be considered a case of official misconduct prosecutable as provided by law.
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