California Open Government Group Sues for Palin Contract

Californians Aware, an open government group, filed suite against California State University, Stanislaus, seeking the release of information related to a planned speech by Sarah Palin. The group would like the contract between Palin and the school nonprofit foundation, which the school says are exempt from the California Public Records Act.

Several CSU Stanislaus students retrieved portions of the contract from a trash bin outside the campus administration building. The document outlines perks like first-class airfare for two and luxury hotel accommodations. It also sets forth the manner in which pre-screened questions will be asked by a moderator. The amount of the speaking fee has not been disclosed.

Read more here.

Because of Budget Cuts, Reporting on Budget Cuts More Difficult

California state Sen. Leland Yee (D-San Francisco) has criticized state and local officials in California who are increasingly blaming budget cuts and furloughs for delays and withholding of information under the state's Public Records Act.

The Sacramento Bee says this new excuse stymies the ability of the media to perform its watchdog role at a critical time when the public should know about budget cuts, downsized programs, and government dysfunction.

Click here for more about delayed or reduced projects due to lack of public information access.

California Bills Propose Sunshine for Stem Cell Research and Animal Abusers

California lawmakers will consider reforms to the governmental bodies overseeing stem cell research and the creation of a felony animal abuse registry, similar to the sex offender registry.

SB 1064 would require the State Controller to conduct an annual performance audit of the California Institute for Regenerative Medicine (CIRM) and its governing body, the Independent Citizens Oversight Committee (ICOC). The bill would also require the ICOC to disclose its meeting minutes and board member vote tallies.

SB 1277 would require the Department of Justice to make information about those convicted of felony animal abuse public by January 2012. The information would include the person's name and known aliases, a photograph, a physical description, date of birth, criminal history, and the address for the abuser.

For more information about the proposed measures, click here.

The Argument Against Opening Initiative Signatures to Public Scrutiny

Columnist Thomas D. Elias makes his case for keeping initiative petition signatures secret here. He argues initiative signers may not realize their name will be made public as an advocate for a particular cause, and that if such information is disclosed, the individual could become a target for retaliation and retribution by political opponents.

Editorial: Higher-Education Foundations Should be Transparent

The Modesto Bee's publisher and president says the funding practices of higher-education foundations should be more transparent.  The non-profit foundations are typically controlled by campus presidents and board members and are funded by donors, and they are not subject to the California Public Records Act.  

Governor Arnold Schwarzenegger could have increased transparency of these higher-education foundations by enacting Senate Bill 218, but he vetoed it instead.  

Click here for more about how a loan from the Sonoma State University Academic Foundation to one of its board members will cost the school at least $250,000  and could mean reduced student scholarships and campus events for the 2010-11 school year.

Schwarzenegger Vetoed Transparency Bills

California Governor Arnold Schwarzenegger vetoed a SB 218, a bill authored by Sen. Leland Yee (D-San Francisco), which he says would have brought greater transparency and accountability to California's public higher education institutions.

SB 218 would have modified the California Public Records Act to include auxiliary organizations that perform government functions at the University of California, California State University, and California Community Colleges.

More here.

EPA Database Reveals Tainted Water in Schools

The Charleston Daily Mail reports that an Associated Press investigation of water in schools revealed thousands of schools across the nation with unsafe levels of  lead, pesticides and dozens of other toxins.

"The AP analyzed an EPA database showing federal drinking water violations from 1998 to 2008 in schools with their own water supplies. The findings:

Water in about 100 school districts and 2,250 schools breached federal safety standards.

Those schools and districts racked up more than 5,550 separate violations. In 2008, the EPA recorded 577 violations, up from 59 in 1998 - an increase that officials attribute mainly to tougher rules.

California, which has the most schools of any state, also recorded the most violations with 612, followed by Ohio (451), Maine (417), Connecticut (318) and Indiana (289).

Nearly half the violators in California were repeat offenders. One elementary school in Tulare County, in the farm country of the Central Valley, broke safe-water laws 20 times.

The most frequently cited contaminant was coliform bacteria, followed by lead and copper, arsenic and nitrates."

Get the complete report here.

FOI at Work -- How Federal Funds Are Wasted in California

California Watch, a reporting unit of the non-profit Center for Investigative Reporting, culled thousands of pages of documents and found a multitude of "wasteful spending, purchasing violations, error-prone accounting and shoddy oversight" at California agencies during the years immediately following 9/11. Critics say all the money didn't result in a safer California either.

The group fears the same shoddiness will plague state use of federal economic stimulus money if there isn't any proper oversight of the use of the funds.

Get the extensive report here.

Calif. bill seeks to include university foundations in FOI

California Sen. Leland Yee has introduced a bill that would open the records of auxiliaries, private foundations created to support public universities, The Los Angeles Times reported. The legislation proposes that foundations should be subject to the same disclosure requirements as universities. His bill does offer an exemption that would allow donors to give anonymously and allow foundations to withhold the names of donors as long as they didn't receive some benefit from the foundation.

As they stretch every dollar, California's public universities have understandably turned to novel ways of raising and spending money. Many have established private foundations, known as "auxiliaries," that solicit contributions from private donors and then hand that money out in the form of grants, scholarships and the like. Auxiliaries today supply the Cal State system with roughly 20% of its $6.7-billion annual operating budget.

The trouble arises when those foundations use their vague legal status -- they are private entities affiliated with public universities -- to shield themselves from scrutiny. And the public has ample reason to question how some of this money is being spent. A foundation affiliated with Sonoma State University lent money to a former member of its board, then got stuck with a bill when he could not pay the money back. A foundation affiliated with Cal State Fresno built an arena on campus and awarded some donors luxury boxes; when the Fresno Bee asked for the names of the donors and what they had contributed, it was denied, and a court held that the California Public Records Act did not cover the foundation. And a former chancellor of San Francisco City College has been indicted on charges that include allegedly diverting money from a foundation account to pay for a club membership, liquor and other expenses.

More here.

Calif. bill to relieve losing FOIA plaintiffs

A California bill recently signed by Gov. Arnold Schwarzenegger will relieve losing FOIA plaintiffs from having to pay attorneys' fees, the Reporters' Committee for Freedom of the Press reported. Fees could only be awarded if the court decides that the lawsuit was frivolous and without merit. The bill was passed in an effort to "curb the chilling effect that can accompany the assignment of extensive fees to plaintiffs who unsuccessfully sue the government to enforce the California Public Records Act." The law takes effect Jan. 1.

A California bill that will relieve losing plaintiffs in Freedom of Information Act lawsuits of having to pay attorney's fees passed the state's legislature last month. It is now awaiting a signature from the governor.

Under the proposed law, governments that prevail on an "anti-SLAPP" motion in FOIA cases will not be able to collect attorney's fees for claims brought against them in good faith. Fees could only be awarded in limited situations, such as when the court decides the action is frivolous and without merit. The state anti-SLAPP law allows defendants to have frivolous suits dismissed early.

More here.
Also, New Calif. law limits cost in public records fight, San Jose Mercury News.

City Hall floor might be gated

Although the California Public Records Act requires that public records be available during public business hours, Union-Tribune journalists were not allowed to see financial records at the San Diego City Hall, the Union-Tribune reported. The staffers visited City Hall to view checks written by the city after no one responded to their FOIA requests. Marcelle Rossman, the city's financial operations manager, intervened twice when other city employees directed the journalists to the files. Now City Hall has installed an "authorized employees only" sign on the seventh floor and is considering the addition of a gate or doors.

A showdown last month between a pair of Union-Tribune staffers and San Diego city officials over financial records housed at City Hall has led city officials to post "authorized employees only" signs on the seventh floor.

The journalists, reporter Brooke Williams and data specialist Danielle Cervantes, went to City Hall on June 17 to view checks written by the city.

Williams said she and Cervantes had made at least three requests to see the checks with no response from the Mayor's Office. They decided to go to City Hall -- armed with a copy of the state Public Records Act -- and ask to see the checks in person. To read Williams' full account, go here.

More here.

Groups win access to Calif. lawmakers database

The California First Amendment Coalition and MAPLight.org won access to a machine-readable state lawmakers database in its settlement with the Office of Legislative Counsel of California, the California Chronicle reported. The previous form of the database hindered analysis. After the lawsuit was filed, the Office of Legislative Counsel unrolled a "structured database" on its Web site, which can be downloaded by anyone at www.leginfo.ca.gov. MAPLight.org plans to use the structured database to create MAPLight.org California, which will "combine all money given to members of the California state legislature with how each politician votes on every bill, revealing patterns of money and influence never before possible to see."

The California First Amendment Coalition (CFAC) and MAPLight.org, a nonpartisan, nonprofit research organization that shows the connection between money and politics, announce today that they have settled their freedom of information lawsuit against the Office of Legislative Counsel of California, having gained the object of their suit: a machine-readable database of how state lawmakers vote.

"It shouldn't take a lawsuit for the government to realize its data belongs to the people," said Daniel Newman, MAPLight.org's executive director. "In this new era of highlighting transparency, we hope this settlement serves as an example to city and state governments across the country to provide public access to public information."

California Legislative data, including how lawmakers vote, legislation in progress, and laws, was previously available to the public only in a plain-text format on the California Legislative Information website. That data was suitable for viewing and printing, but only allowed access to Legislative data at a rate of one bill at a time, making analysis lengthy and cumbersome.

More here.

Judge rules media have no more rights than general public at crime, accident scenes

If the general public doesn't have access to a crime or accident scene, journalists don't have a First Amendment right to that access either, the San Francisco Chronicle reported. This ruling came from U.S. District Judge Charles Breyer who dismissed the case of Oakland Tribune photographer Ray Chavez. Chavez was arrested after officers barred him from standing in the freeway to take photos of an accident.

A federal judge has dismissed a civil-rights lawsuit filed by a newspaper photographer who accused officers of illegally barring him from taking pictures at a freeway crash scene and handcuffing him when he persisted.

Oakland Tribune photographer Ray Chavez, 45, said police officers had interfered with his right as a member of the press to cover news, specifically a car crash and the emergency response time. He was "arrested and handcuffed without justification solely due to the exercise of First Amendment rights," said his suit, filed in U.S. District Court.

But in a ruling Tuesday, U.S. District Judge Charles Breyer in San Francisco dismissed the suit, saying the media have no First Amendment right to be at an accident or crime scene if the general public is excluded.

More here.

County sued for possibly overcharging for records

California Public Records Research Inc. filed suit against Monterey County Clerk's Office after the office charged $2 per page for records rather than actual copying costs, estimated at 10 cents per page, The Monterey County Herald reported. "County Counsel Charles McKee and Clerk-Recorder Steve Vagnini, who is named in the suit, said when it comes to copying public documents, records in the clerk's and assessor's offices fall under different statutes than the Public Records Act." Similar suits have been filed in all 58 California counties.

If you've been paying $2 per page for records at the Monterey County Clerk's Office, you're due a refund, according to Southern California attorneys who are suing the county for allegedly violating the state Public Records Act.

Attorneys for California Public Records Research Inc. say state law allows local agencies to charge only the actual costs of copying public records, including real estate records maintained by county clerks.

In their class action lawsuit, filed Thursday in Monterey County Superior Court, Clifton Hodges and Donald Ricketts maintain those costs amount to no more than 10 cents per page.

More here.

Calif. Senate approves cost-limiting bill

The California Senate unanimously approved a bill to prevent judges from ordering plaintiffs to pay governments' legal costs in open records and meetings lawsuits, the AP reported. Newspaper publishers supported the effort.

The cost of fighting for access to public records and meetings would be limited under a bill approved by the Senate.

Sen. Leland Yee's bill would bar judges from ordering plaintiffs to pay governments' legal costs in open records and meetings lawsuits. Yee, a Democrat from San Francisco, says high costs have "a chilling effect" on such public interest lawsuits.

For instance, the nonprofit Center for Public Forum Rights near Sacramento paid $80,000 in government attorneys' costs last year after it sued Orange Unified School District for allegedly altering video of a public meeting.

More here.

City slowly releases payroll records

The San Jose Mercury News filed a public records request for the 2008 payroll records for all city workers in order to create public employee compensation databases. All jurisdictions provided the full records except for Watsonville, which is releasing information "as it becomes available." Watsonville initially just released records on the highest paid police officers and firefighters. It hurried to released the names and salaries of other employees who made more than $100,000 because some thought police and firefighters were being targeted. The city attorney says Watsonville is only legally bound to release records for employees with salaries of $100,000 or more.

City officials have released the names and salaries of 27 employees who made more than $100,000 in 2008.

The release came late Friday, a day after the Sentinel published the names of police and firefighters who earned more than $100,000 in 2008, a story that sparked controversy in City Hall corridors and in the community.

On April 27, the Sentinel made a public records request for the 2008 pay records for all city workers as part of a countywide project to create public employee compensation databases. The city and county of Santa Cruz databases are available on the Sentinel's Web site, santacruzsentinel.com.

More here.

Records show 14 child deaths occurred despite LA County watch

FOI at Work!
Previously confidential medical records outlining terrifying data were released in response to a public records request filed by the Los Angeles Times, the AP reported. The records show that Los Angeles County Children and Family Services were monitoring the families of 14 children who died in 2008 from abuse and neglect. Ten of those cases are under investigation.

Nearly half of the Los Angeles County children who died last year from abuse and neglect were from families under the watch of child welfare officials, records show.

The heavily redacted records, released Monday after a California Public Records Act request by the Los Angeles Times, include previously confidential medical records, family services documents and police reports.

They show that the families of 14 of the 32 children who died in the county in 2008 from abuse and neglect, including physical assault and malnourishment, were under the scrutiny of Children and Family Services and should have been known to social workers.

More here.

Calif. considers limiting Internet mapping sites

Clearly, maps such as Google Earth and Microsoft's Virtual Earth aren't the only places one can find photos of schools, hospitals, churches and government buildings. But a California lawmaker is concerned that the ready availability of these images may assist terrorists and has proposed that restrictions be placed on certain images.

A California lawmaker wants to force Internet mapping services to blur detailed images of schools, hospitals, churches and all government buildings, reviving a debate over whether such images can assist terrorists.

Assemblyman Joel Anderson, a San Diego-area Republican, said he decided to introduce his bill after reading that terrorists who plotted attacks in Israel and India used popular services such as Google Earth and Microsoft 's Virtual Earth.

But even if his bill becomes law, it might be difficult to prohibit Google Inc., Microsoft Corp. and other mapping companies from posting such photographs. That's because those images already are public and often are posted on the institution's own Web site.

More here.

Coroner, autopsy reports exempt from Calif. Public Records Act

The Third District Court of Appeal upheld a superior court judge's decision to not force El Dorado County to release coroner and autopsy reports to Kathryn J. Dixon, a reporter planning to write a book on the murder of Elizabeth Cloer.

Coroner and autopsy reports from suspected homicide deaths are exempt from disclosure under California’s Public Records Act, the Third District Court of Appeal ruled yesterday.

Reasoning that the reports present a concrete and definite prospect of criminal law enforcement proceedings, the court rejected a former-California-attorney-turned-publisher’s request for records relating to a Sacramento woman whose bullet-riddled body was found in an open El Dorado County field in 1971.

Phillip Arthur Thompson was convicted in 2008 of the murder of Elizabeth Cloer after a 2003 analysis of DNA left at the scene tied him to the crime.

More here.

Big victory could mean public right to any government-created database

A California appeals court ruled that Santa Clara County must make its geographic information system, which indicates real estate boundaries and other property data, available to the public. The county had denied the California First Amendment Coalition's request for a copy of the real estate parcel "basemap." The argument was that U.S. Homeland Security concerns and copyright protection preempted releasing the information in accordance with the California Public Records Act.

In a stunning victory for freedom of information advocates, a California appeals court has sustained a public right of access to a government database that makes possible highly accurate digital mapping.

Holding that Santa Clara County must make public its geographic information system (GIS) parcel “basemap,” which shows real estate parcel boundaries, appraisals, and other property data, a unanimous Court of Appeal rejected arguments that U.S. Homeland Security regulations and Federal Copyright protection trump the public’s right of access under the California Public Records Act.

More here.

More coverage: Homeland Security Act Does Not Shield County Land Data, Metropolitan News-Enterprise