PIN-to-PIN Communication to Skirt Sunshine Laws

Three aides to a Florida utility regulators repeatedly sent private PIN-to-PIN Blackberry codes to an utility executive, which could allow the utility to communicate with the regulators out of public view and without a paper trail.

A St. Petersburg Times blog states:

"State law prohibits PSC commissioners from discussing a pending rate case with utility officials but it specifically excludes PSC staff from the ban. A 1991 grand jury report recommended that the statute be changed to close that loophole but it was never amended.

PSC rules forbid staffers and commissioners from discussing certain types of commission business out of the public eye with those who appear before the regulatory panel. Under state law, a commissioner who engages in such discussions -- called 'ex parte communications' -- and who fail to report them could face a $5,000 fine and even removal."

For the full report, click here.

NFOIC Summit: Oklahoma FOI roundup

State-by-state updates at the 2009 NFOIC Summit: Joey Senat with Oklahoma State University School of Journalism and Broadcasting provided a summary of his state's FOI news.

• The attorney general issued a binding decision regarding private technologies. The public access to it depends on the nature of the document not the technology. If it has to do with public business, it's public. The Oklahoma Department of Libraries helped make that request. The state also has a statute related to records retention, which is what the library was interested in. There's still an need to talk to state agencies on what to do with the records they are now keeping.
• Enforcement of open-government laws falls to local district attorneys, which is a problem. The Court of Civil Appeals says said if you violate the open meetings law based on advice from your attorney, it's still a violation. You're supposed to know what the law is.