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10,177
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language such as proposed here.
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As I have said earlier, the records have been
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held -- the word "records" has been held to mean the more
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finalized public records, so the notes between the Governor
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and his aide are certainly not within the usual sense
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records.
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Again, we do now have a common -law right to
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records. The aspect of prior notice will be something
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that, of course, the court will have to interpret. By this
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we mean reasonable notice. I would certainly think two
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hours' notice as the Arkansas approach is, would certainly
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be appropriate notice.
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The enforcement of this would only be by way of
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injunction or mandamus, and it would be only to open the
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meeting or to make the records available. That is essentially
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what this provision says, it changes the burden from the
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citizen to prove he has the right to these records and to
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attend these meetings, and to have notice of these meetings,
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and for the state to show he does not have that right.
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If there are any questions, I will he glad to
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answer them.
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