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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10175   View pdf image (33K)
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10,175

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it will be limited, that these open meetings will have a

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requirement of notice.

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As part of the minority report, we have given

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a statute or have provided a statute that would handle

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those areas where there is a right to privacy. The force

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of this amendment is to change the burden of proof from the

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citizen claimingthat he has a right to information or a

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right to attend a public meeting to the State to show that

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he does not have that right, and that is all it does. It is

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essentially the same approach taken by the Federal Govern-

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ment in the recent Public Information Act,

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The enforcement of this provision or the

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justiciability of this provision would be by way of

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injunction or mandamus only.

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At the present time in our law there is a right

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to a writ of mandamus to obtain public records because this

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is not a discretionary act. The old governmental language

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includes the legislative, judicial and executive branches,

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local government branches, agencies, governmental instru-

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mentalities, it is to be read as broadly as possible. It

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includes governmental bodies, subordinate agencies,

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10175   View pdf image (33K)
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