Idaho organization launches salary database

The Idaho Freedom Foundation created a database on OurIdaho.com in which people can search for the names and salaries of government employees, KTVB.com reported. The IFF obtained the data via FOIA requests, and its database contains nearly 40,000 employees.

Want to know how much money your child's teacher makes? How about the police officer who pulled you over last night?

Now you can.

A group that bills itself as a think tank dedicated to limited government has launched a salary database, that allows anyone to look up the names and pay rates for a range of government employees.

More here.

Wash. organization asks governor's office to reconsider records denial

The Evergreen Freedom Foundation of Washington is asking Gov. Gregoire to reconsider the decision to deny releasing documents related to the governor's executive order concerning climate change. The EFF requested all documents related to the executive order's drafting and implementation, but the governor's office is withholding 48 documents and citing "executive privilege" and "deliberative process" as reasons. However, the EFF says there's no "executive privilege" exemption in the Public Records Act, and because the executive order has already been published the "deliberative" exemption doesn't apply.

Does the governor's executive privilege exempt her from the state's Public Records Act? Looks like we'll find out.

Climate change was a hot topic during the 2009 legislative session. Gov. Gregoire had requested legislation that ultimately died in the Senate. Not to be stopped, the governor issued Executive Order 09-05 to address climate change. Curious to see the backstory, EFF filed a request for documents related to the executive order's drafting and implementation. We've received many records, but the governor's office has refused to release 48 documents. The denial cites several reasons, including "executive privilege" and "deliberative process."

There's a problem with this denial. There is no "executive privilege" exemption in the Public Records Act. And once the executive order was published the "deliberation" exemption no longer applies. (This isn't the first time Gov. Gregoire has claimed the phantom "executive privilege" exemption.)

More here.

N.J. Government Records Council loses open records suit

The New Jersey Foundation for Open Government won its case against the New Jersey Government Records Council. The council, designed to help enforce open records laws, violated the law itself by refusing to release the e-mail addresses of those who had filed complaints with the council. The foundation had requested acknowledgment notices sent to each person who filed a complaint; the council had released the records but redacted the e-mail addresses on the grounds of privacy.

The New Jersey Foundation for Open Government (NJFOG) announced today that it
has won a lawsuit against the New Jersey Government Records Council (GRC) for violating the Open Public Records Act (OPRA), the very statute the GRC was created to enforce.

NJFOG had requested from the GRC complaint acknowledgement notices that the GRC emails to complainants. In response, the GRC had withheld the individual complainants’ email addresses. On July 17, Mercer County Superior Court Judge Douglas H. Hurd, J.S.C. “ordered that the defendant GRC grants Plaintiff NJFOG access in unredacted form to the requested GRC acknowledgement
notices. GRC shall comply with this Order by August 14, 2009.”

More here.

Group requests information on Wy. deaths

The Wyoming Coalition for Open Government asked U.S. District Judge William Downes for information (at least the docket number) on the case involving the death of three Wyoming teenagers, AP reported. The FBI handled the investigation, and no details of the case, including the cause of death, have been released. At this point, it isn't for certain that a juvenile case related to the deaths exists, but comments made to reporters suggest that it does.

An open-government group has asked a federal judge to acknowledge the existence of a juvenile criminal case related to the deaths of three girls on the Wind River Indian Reservation.

The girls — Ohetica Win Elyxis Gardner, 13; Winter Rose Thomas, 14; and Alexandrea "Alex" Whiteplume, 15 — were found dead in a tribal housing complex south of Riverton on June 4, 2008. The FBI has handled the investigation into the girls' deaths.

The Wyoming Coalition for Open Government asked U.S. District Judge William Downes, chief federal judge for Wyoming, in a letter Monday to reveal at least the docket number in the case so the group could intervene in any proceedings.

More here.

Missouri becoming more proactive in FOIA

In addition to the educational efforts of the newly formed Missouri Sunshine Coalition, the state's attorney general, Chris Koster has contacted all 114 counties to discuss the Sunshine Law, Kim Wrinkle of The News-Leader reported. "We have truly needed less apathy and more action towards those in power who have abused the Sunshine Law or simply ignored it," she wrote. "With the help of the Missouri Sunshine Coalition and the Attorney General's office, I hope that Missouri can become much more proactive with holding our elected officials accountable for their actions."

If we polled 100 people walking down any street in southwest Missouri, my guess would be that 75 of them would have no idea what the Sunshine Law is about or that it even exists.

Missouri has been given a great opportunity by a group of people who know the importance of open, transparent government and believe that any citizen should have access to public information.

The Missouri Sunshine Coalition was formed this year with the mission of educating Missouri about the Sunshine Law. Members of the coalition believe in a form of government that operates in a free and open environment with access to information and is working to make sure the citizens of our state can get such information in a simple way.

More here.

D.C. Open Government Coalition searches for supporters

Tom Susman, a former partner with Ropes & Gray law firm, initiated the start of the D.C. Open Government Coalition, the Washington Examiner reported. Melissa Davenport, who provided pro bono services during the conceptual stage and took a one-year "public interest fellowship" from the firm to serve as executive director of the coalition, is meeting with various communities to drum up membership. The coalition is also working on a citizen's guide to the FOIA.

Melissa Davenport will tell you that the recent controversy surrounding Mayor Adrian M. Fenty’s unwillingness to disclose information about a variety of things, including the cost of his trip to Dubai, didn’t motivate the founding of the D.C. Open Government Coalition.

“Our effort is not pegged to any administration,” she told me earlier this week. “We happen to believe the best mechanism for holding the government accountable is openness.”

Residents agree. But often they lack the knowledge, financial resources or political clout to tangle with a powerful executive. It took Judicial Watch, a national group, to squeeze from the Fenty administration details surrounding his out-of-town junkets.

More here.

NFOIC Summit: Coalition Sustainability

Barbara Peterson, president of the Florida First Amendment Foundation and NFOIC president; Hyde Post, president of the Georgia First Amendment Foundation; and Kathleen Richardson, executive secretary of the Iowa Freedom of Information Coalition discussed how to sustain state FOI coalitions at the 2009 NFOIC Summit. Here are the notes from their session.

Barbara Peterson
Lessons from the Florida First Amendment Foundation:

• The Florida First Amendment Foundation started in 1985. For first 10 years, it was housed in Florida Press Association. The foundation started publishing Government-In-The-Sunshine manual. The AG's office complies it. The coalition publishes it and distributees it. It was the main source of income.
  
• Peterson onvinced the board that the group should focus only on open-government issues. Nobody else in Florida did that. The group started a toll-free hotline for questions. Someone can call and get a quick question answered and a great quote. In the first year, 203 calls were placed. Now the line averages about 150 calls a month. Half of those come from citizens.
  
• Initially membership was mainly from newspapers. Now private investigators, broadcasters (not many), lawyers, anyone can be a member. Membership is as low as $25 and high as $5000.
  
• Because of the 501-c(3) status, there is a federal limitation on the amount of lobbying. So Peterson doesn’t lobby. She educates. An average of 100-150 exemptions bills are filed in Florida Legislature each year.
  
• The coalition is in the position of responding to all proposals for new exemptions. When a bill comes up on House floor, someone will say what is the position of Florida First Amendation Foundation on this bill. The foundation is sked to review 95 percent of bills. If the coalition doesn’t like it, chances are it won’t go anywhere.
  
• The coalition increased its profile dramatically by establishing a legislative alert list. The coalition can send out an e-mail alert about a bill to more than 300 newspaper editors and reporters in Florida. It makes the e-mails as outrageous as possible to get their attention.
  
• The coalition also conducts about 50 seminars and trainings a year. Those who attend automatically become a member for one year. In turn, the coalition gets their contact information, and many pay for the $25 membership the following year.
  
• The coalition has been talking to professional fundraisers after seeing a significant drop in every level of membership, even $25 members. One told Peterson that you should have three diverse, distinct sources of income.
• The foundation is about to launch a direct-mail fundraising campaign with advice from a professional fundraiser who volunteered her services. It would have cost $10,000 at minimum to hire her. A 2 percent return is expected. The second step will be getting everyone in the foundation to identify those who have been important in the history of the organization and send them a personal letter pleading for money ($1000-$5000 or more).
  

Tips:

• Raise your profile.
  
• Make sure reporters know you're a free resource.
  
• Track your calls. Know who's calling you and where from? That way if you got 15 calls from one newspaper, use that data to convince the newspaper to donate to your coalition. Those free calls were a lot cheaper than placing a call to the newspaper's attorney.
• Create a bullet list of talking points for board members when they're calling to ask others to donate.
• Develop champions. Identify those in the state who really support the cause. Honor them with an award. The Friend of the First Amendment Award has now become somewhat of a competition.
  
• Develop database of those who will continue to support organization.

Hyde Post
Lessons from the Georgia First Amendment Foundation:

• The Georgia First Amendment Foundation started in 1994. There was no consistent voice for FOI or access issues in Georgia. This issue was number 6 on the state press association's list. The Atlanta Journal Constitutaion was arguing a case before the state supreme court. The justice said journalists are always saying access to information is for the people but where are these other people? It's always just the Atlanta Journal Consititution fighting for documents. That's when the newspaper realized it would be helpful to have an organization of not just journalists.
  
• The first question: Who should be in the coalition? The group started with $5,000. To get diversity, it recruited some journalists (print and broadcast), journalism professors, law professors, media lawyers, librarians, intellectural freedom groups, like-minded public service groups (such as the ACLU, Common Cause) and JPF (just plain folks).
  
• A lot of the funding from newspapers. Obviously, that's not so much the case for those starting off today. Law firms are a good source of funding. Grants both through NFOIC and local organizations (such as state bar associations) are also something to look into. Don’t become dependent on any single source of funding.
  
• Pick a board of directors that includes a diversity of people with diverse skills. It's nice crucial to have a certain number of people who have money or can attract money.
  
• The coalition's most successful programs in Georgia have been workshops programs and booklets. It's an educational organization. Its most important constitutency is people just being elected to public office or newly appointed deputies, newly elected school board members, etc.
• The coalition produces a general citizen guide, one on school board records and is working on one on court access. Its board went to the attorney general and state sheriff association and asked them to coauthor the booklets. They didn't have to write it, just review it. However, the coaliton essentially had them approve the documents this way, which made it easier to get that material inserted into their training materials.

Tips:

• Get on regular list of newly elected magistrate judges. Show up during their training.
• Focus and consistency is key.
  
• Narrow the focus to what you can do well.
  
• FOI people who FOI stuff. Find out who's requesting records. That's your target for membership.
• Tell board members ahead of time that donating to the annual fund drive is a condition of being on the board.
  
• Aim to be nonpartisan.
  

Kathleen Richardson Lessons from Iowa Freedom of Information Coalition:

• The Iowa coalition began in 1976. Since early on, it had a strong alliance between print and broadcast journalists. One of its strengths is that it's had a broad base of support. This includes the state Associated Press bureau, state university journalism schools, Iowa Public Television, the League of Women Voters, Mediacom, the state high school press association, the state trial lawyers association, Iowa State Association of School Boards, attorneys interested in open records and meetings issues, etc.
• The coalition has focused on institution memberships, not individual membership. The group have stayed small. Its dues are a couple hundreds dollars for institution members. In current economic situation, that’s turned out to be a good thing. The coalition hasn’t lost any members.
  
• The group's mission is really educational. It publishing a handbook on open meetings and records laws that also includes FAQs about the laws. The publication is very popular and established the coalition as a neutral resource for information.
• The coalition is the statewide coordinator for cameras in courtrooms. It has done informal trainings. In the past couple years, it started partnering with Association of Counties, League of Cities, the Attorney General's office, etc. to conduct training around state.
  
• The key to success is that Richardson a professor at Drake Journalism School, which provided the coalition with office and Richardson's employment. This keeps the overhead low.
  
• The coalition has been successful in the legislature in terms of heading off some bad things. It's a voice of wisdom in hearings.

Tips:

• Establish credibility by trying to project a neutral, nonadversarial image.
• Look around state for successful models, such as state good government groups.
• Look around creatively for allies. Media is just another economic interest in many ways. Legislators are looking for voices of real people. Seek business groups that might be potential allies. Rely more heavily on the library or League of Women Voters, for example.

NFOIC Summit: Kentucky FOIA roundup

State-by-state updates at the 2009 NFOIC Summit: Terry Anderson of the University of Kentucky provided a summary of his state's FOI news.

• The state trying to revive the Kentucky Citizens for Open Government.
• The governor and attorney general are committed to open government. The chief justice just started a review of court rules on openness with the intention of opening them up more. Kentucky has a bigger problem with the legislature. The lawmakers don't seem committed.
• One legislator is determined to prevent the use of 911 calls in broadcasting.
• There is a legislative attempt to extend First Amendment rights to high school journalists.
• There also was a proposal to create a legislative investigative agency that would investigate other branches of government; however, its operations would have been exempted from public records.
  

NFOIC Summit: Missouri FOI roundup

State-by-state updates at the 2009 NFOIC Summit: Mike Sherry of the Missouri Sunshine Coalition provided a summary of his state's FOI news.

• The Missouri Sunshine Coalition is trying to figure out the best way to go about advocating and how to be more than an extension of the Missouri Press Association which already advocates for open records changes.
  

NFOIC Summit: Florida FOIA roundup

State-by-state updates at the 2009 NFOIC Summit: Barbara Petersen of Florida First Amendment Foundation provided a summary of her state's FOI news.

• Florida is celebrating its 100th anniversary of its public records law and the 30th anniversary of allowing cameras in the courtroom.
• Peterson chaired Florida's Commission on Open Government Reform. The final report, "Reforming Florida's Open Government Laws in the 21st Century," was submitted, and she will now be assisting in drafting legislation on the report's recommendations.
  

Coalitions form to track stimulus spending

National Journal Online reports the "growing fiscal oversight craze both on and off Capitol Hill." Thirty groups have "banded together" to create the Coalition for an Accountable Recovery. Another smaller group, Bailout Watch, was spearheaded by OMB Watch. George Mason University has created a "Stimulus Watch" wiki, and House GOP Whip Eric Cantor announced a "stimulus-watch program" encouraging reports on how contractors and agencies spend the $787 billion.

As federal spending on bailouts and the economic stimulus soars into the trillions, the Obama administration faces growing pressure to account for just where all those taxpayer dollars are going.

"To spend that much money that quickly is inviting fraud and abuse," warned Danielle Brian, executive director of the Project on Government Oversight. Her group is one of 30 that have banded together to form the new Coalition for an Accountable Recovery. It's a diverse alliance of anti-tax activists, community organizers and government transparency watchdogs all tracking the $787 billion stimulus package.

The coalition of strange bedfellows brings together progressives, libertarians and conservatives, noted Gary D. Bass, executive director of OMB Watch, which co-chairs CAR with Good Jobs First, a policy center promoting accountability in economic development. Other coalition members include the Center for Cities and Schools, Public Citizen and Taxpayers for Common Sense.

More here.

Meeting tapes are not exempt from Penn. FOI

Pennsylvania's tougher FOI law, which went into effect in January, does not exempt audio tapes of meetings, the Pennsylvania Freedom of Information Coalition reported. The advisory opinion was issued by Terry Mutchler of the state Open Records office. Franklin Park borough, which sought the advice, is expected to adopt a policy outlining how long tapes will be retained by local governments or stop having the secretary record government meetings.

Pennsylvania's open-records chief says audio recordings of government meetings are public records that must be provided to people who request them.

Terry Mutchler of the state Open Records Office issued an advisory opinion sought by Franklin Park borough in Allegheny County.

The borough secretary tapes council meetings to help in writing the official minutes.

More here.

More details from the Pennyslvania Freedom of Information Coalition here.

Mo. Sunshine Coalition to hold program on Thursday

Missouri finally has a state coalition to unite individuals and organizations interested in promoting government transparency.

A new organization for people who want to promote government openness at all levels in Missouri will hold a public reception and program on Thursday, March 12, in Columbia. The event is free.

The Missouri Sunshine Coalition is seeking individual and organization members from all areas of the public. It will hold a 2 p.m. reception and 3 p.m. program at the Reynolds Journalism Institute at the School of Journalism at MU.

Missouri Attorney General Chris Koster has been invited to speak at the 3 p.m. program. Other speakers will be Charles Davis, director of the National Freedom of Information Center, which is based at the School of Journalism; and Mike Wood, director of governmental relations for the Missouri State Teachers Association.

More here.

Way to Go, Wyoming!!!!

Members of a newly formed government watchdog group say they're looking forward to pushing for release of public information around Wyoming.

The Wyoming Coalition for Open Government includes the Wyoming Press Association as well as many individual newspapers and other groups. The coalition held a press conference Thursday to introduce itself at the Wyoming state Capitol.

The group announced a "First Amendment Hero" award for Casper lawyer Michael Krampner. He was recognized for advising media on how to gain release of public information.

The group also announced a "Black Hole" award for Cheyenne's Building Department Board of Appeals. The Wyoming Tribune Eagle newspaper has sued the board claiming it violated public meeting laws when it allegedly deliberated behind closed doors about whether to allow demolition of 6 old houses in a city historic district.

More here. And here.