Smithsonian likely to become more transparent though not subject to FOIA

Trying to establish public trust after his predecessor's scandals, Secretary G. Wayne Clough, chief executive of the Smithsonian pledges to move the museum's policies closer to those of the FOIA. However, he opposes legislation that would end the museum's FOIA exemption, saying the new policy will include an appeals process for those denied access to Smithsonian records.

The Smithsonian Institution should become more open and transparent, but also needs to maintain exceptions to the federal Freedom of Information Act, Secretary G. Wayne Clough said Wednesday after two months as chief executive of the museum complex.

Clough told The Associated Press he opposes an effort in Congress to place the Smithsonian under the government's public records law because the museums on the National Mall will have to look beyond the government to pay for programs in the future. Taxpayer money currently covers about 70 percent of the Smithsonian's $1 billion budget.

"If the Smithsonian is going to be called upon to do its business in a different way in the future, which we are being asked to do, we're going to have to raise private funds," Clough said. "We're trying to model our policy as close to FOIA as we can with some narrowly cast exceptions."

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Bill Would Bring Smithsonian Within FOIA

The Washington Post reports on the rarest of rarities: an attempt to bring something within the FOIA...

A longtime critic of the Smithsonian Institution introduced legislation in the U.S. Senate this week that would wipe out the national museum complex's exemption from the Freedom of Information Act and the Sunshine Act.

The legislation, co-sponsored by Sen. Charles E. Grassley (R-Iowa), ranking member of the Finance Committee, and Sen. Arlen Specter (Pa.), the top Republican on the Judiciary Committee, would require the Smithsonian to hold meetings in public and make records available to the public upon request.

The Smithsonian, created by Congress as a federal trust, was exempted from FOIA in two rulings in the mid-1990s. The U.S. Court of Appeals for the District of Columbia Circuit decided FOIA would apply to the Smithsonian only if Congress changed the law to say so explicitly.

Nice FOI-Driven Work by the Post on Smithsonian

Nice use of FOI in this story...

The Smithsonian released records yesterday indicating that the head of the Smithsonian Latino Center resigned in February after an internal investigation found her in violation of 14 ethical and conflict-of-interest policies, the Washington Post reports. The report was released in response to a Freedom of Information Act request by the Post.

The report attests that Pilar O'Leary frequently abused her expense account with "extravagant" travel expenses, tried to direct a contract to a friend, accepted gifts from outside companies hoping to do business with the Smithsonian, and solicited free tickets to shows and award ceremonies. In an email to the Post, O'Leary denied her offenses.

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