FOI At Work: Picking Up the Trash

South Los Angeles residents aren't the only ones having a tough time getting city crews to clean up alleyways strewn with refuse and dead animals. Not even an aide to Mayor Antonio Villaraigosa could get quick action when he complained about illegal dumping earlier this year, according to a Times review of city records.

The mayoral aide alerted the Department of Public Works in early March about rubbish completely blocking an alley in a pocket of Watts prone to illegal dumping. But more than two months passed before workers cleaned the byway near East 113th Street and Graham Avenue, according to city records.

A spokesman for the mayor said his office was unaware of the delay until told by The Times earlier this week. The aide said he never followed up on his request because he assumed the department would take care of the problem.

Last week, after The Times reported that illegally dumped trash festered for a month or longer in some of the city's poorest neighborhoods, Villaraigosa ordered a report to determine how long it takes for crews to respond to complaints from residents. The report is expected to be completed by the end of this week.

But records show that the mayor's office, as well as residents who called the city's 311 non-emergency number, have regularly waited anywhere from two weeks to two months for alleys to be cleaned...

The city documents reviewed by The Times were obtained under a California Public Records Act request. They detail two dozen requests for service from January through the end of May in three areas where public works officials say illegal dumping has been a problem for years.

More here.

House Moves to Open Homeland Security A Bit...

Congress on Thursday will take a major step in rolling back the tide of secrecy that has swept through government since the Sept. 11 terrorist attacks, with the House Homeland Security Committee poised to pass two bills making the Homeland Security Department more transparent.

Both bills are expected to pass the committee easily: One would crack down on too-frequent use of classification, while the other would go after "pseudo-classification" - the new labels such as "for official use only" that have popped up to keep even unclassified documents out of the hands of the public and other government agencies.

"This is more than Congress has been able to do in seven years," said Rep. Jane Harman, California Democrat and the bills' chief sponsor, who said the bills are the result of an alliance of open-government advocates and those who think the government needs to share more information within its agencies for national security reasons.

Rep. Jane Harman, California Democrat, is the chief sponsor of two bills aimed at cracking down on overclassification and pseudo-classification within government agencies.

"The dirtiest four-letter word in government is spelled T-U-R-F, and overclassification and pseudo-classification are ways to protect T-U-R-F," Mrs. Harman said.

The Sept. 11 commission blamed a lack of information-sharing among agencies for intelligence failures before the attack, and Republicans and Democrats both want to make sure that new turf battles won't produce a similar breakdown.

A Homeland Security official said late Wednesday that the department opposes both bills.

More here.

That was quick: police disciplinary records remain a secret in Cali

Despite lobbying efforts by Mayor Antonio Villaraigosa, an Assembly committee Tuesday killed a bill that would have cleared the way for the Los Angeles Police Department to make officers' disciplinary hearings and records open to the public.

The bill faced stiff opposition from many of the state's powerful police unions, which argued that the measure would compromise officer safety. LAPD Chief William J. Bratton, normally a Villaraigosa ally, pointedly chose not to take a position on the bill and Tuesday expressed concerns about it.

Three Democrats on the seven-member Public Safety Committee refused to cast a vote. Assemblyman Mark Leno (D-San Francisco) voted for the measure, and Assemblymen Greg Aghazarian (R-Stockton), Joel Anderson (R-San Diego) and Fiona Ma (D-San Francisco) opposed it.

The bill's author, state Sen. Gloria Romero (D-Los Angeles), lashed out against the members who abstained. They were Assemblyman Jose Solorio (D-Santa Ana), the committee's chairman, and Assemblymen Hector De La Torre (D-South Gate) and Anthony Portantino (D-La Cañada Flintridge).

"I was really taken aback by the [bill's] death by silence," Romero said. "The fear, you could feel it -- the fear of what will happen if you look out for the public's interests when they may differ from the interests of the law enforcement lobby."...

The legislation, SB 1019, would have allowed, but not required, the LAPD to return to its long-standing policy of releasing officer's disciplinary records and allowing the news media and other members of the public to attend disciplinary hearings. Acting on the advice of City Atty. Rocky Delgadillo, the department sharply curtailed its disclosure policy in 2006 in light of a state Supreme Court decision.

More here.

Texas Guv Mansion Video: Public Record or Security Secret?

The Texas Department of Public Safety, citing protection of public property from terrorism, is trying to keep secret the video surveillance tapes of the Governor's Mansion the day it burned.

The DPS wrote Texas Attorney General Greg Abbott last week asking for a ruling on whether the tapes must be released to The Associated Press. The AP requested the video the day of the fire using the Texas Public Information Act.

At least three other news organizations also asked for copies of the surveillance tapes shortly after fire severely damaged the 152-year-old mansion the morning of June 8.

DPS contends the tapes are exempt from disclosure because state homeland security laws allow information to be kept confidential if it "relates to the specifications, operating procedures, or location of a security system used to protect public or private property from an act of terrorism or related criminal activity."

Disclosure of the video would "reveal the clarity, range, angle, zoom capabilities, panning capabilities and fields of view of those cameras, as well as their ability to record in little or no light, whether the cameras have infrared or thermal imaging capability, and whether the cameras record in color or black and white," Lopez wrote.

"This information would allow a terrorist or related criminal to discern whether and exactly when a person can be detected and recognized in the areas monitored by the cameras in question," the letter stated.

Releasing the video would reveal whether cameras are real or "dummies;" whether they are constantly running or are motion activated; and for how long videotapes are preserved, the agency contends.

Additionally, DPS said it opposes releasing the video because it could interfere with the ongoing criminal investigation...

In the past, Abbott's office has ruled DPS video surveillance tapes from hallways behind the Texas House of Representatives in the Capitol should be available to the public. The DPS is fighting in court to keep House hallway video from the Texas Observer, a news magazine that made an open records request for videotape recorded in May 2005 when legislators debated private school vouchers.

In the Governor's Mansion video, someone can be seen igniting an object and throwing it onto the porch of the building, fire investigators have already revealed. Investigators say the suspect was wearing a ball cap, a dark shirt, work-type gloves and blue jeans or cargo-style pants.

Only 13 of 20 security cameras on the mansion grounds were working when the fire broke out, and a motion sensor system wasn't working properly, a state official has said.

More here.

Task Forces, Advisory Meetings, and Publicly Funded Arenas: A Rich Mix

Hartford, CT Mayor Eddie A. Perez is dancing...

The mayor:

wanted to know whether there was sentiment within the Greater Hartford business community to support a new downtown arena, so he created a "task force" to study the question.

When that group's first meeting was held behind closed doors in April, The Courant questioned the secrecy and filed a Freedom of Information complaint with the state. The group stopped meeting at city hall and retreated to the offices of the MetroHartford Alliance regional economic development organization.

There, business leaders say they can talk with candor, out of earshot of the press and public.

They met again Tuesday, turning away a Courant reporter. Perez and the city contend the task force meetings are private.

They might ought not be, Mayor...people grow suspicious quickly these days about arena deals, and when you embrace the 'ol smoke-filled room, things generally go downhill from there.

A Peek at Alice's Wonderland...

Slate's Alex Heard provides an excellent analysis of the FBI's "retention" program and
reminds us all how important the historical record can be, and how much of history can be lost...

I got bad news from the FBI a few months ago. A file I'd requested under the Freedom of Information Act wasn't going to be available. Ever.

And not for one of the reasons I already knew to expect—that the material was classified, that the file concerned a living person, or that no file existed to begin with. Judging by the FBI's final response letter, there might have been a file on my subject, a long-deceased Mississippi lawyer name John R. Poole. But if there was, it got shredded.

"Records which may be responsive to your … request were destroyed on July 01, 1995," the letter said. "The FBI Records Retention Plan and Disposition Schedules have been approved by the United States District Court for the District of Columbia and are monitored by knowledgeable representatives of the NARA."

A Good Fix in California

On a 69-0 vote, the California State Assembly today sent Governor Arnold Schwarzenegger (R-Los Angeles) legislation to allow greater public access to government contracts as well as audits and reviews of public agencies. Once the bill is received by the Governor, he will have twelve days to sign or veto the legislation.

Senate Bill 1696, authored by Senator Leland Yee (D-San Francisco/San Mateo), would prohibit a state or local agency from allowing an outside entity to control the disclosure of information that is otherwise subject to the state’s Public Records Act. In addition, the bill would specify that regardless of any contract term to the contrary, a contract for the purpose of conducting a review, audit, or report between a private entity and a state or local agency is subject to the same disclosure requirements as other public records.

The need for the measure arose from the denial of a January 2007 request by the San Francisco Chronicle to the University of California at San Francisco (UCSF). UCSF refused to release an independent review of its finances or even the name of the firm that was issued a contract for $165,000 to carry out the review. UCSF claimed the auditing firm controlled the confidentiality of the contract and the audit.

More here.

Missouri Judge Takes Dim View of Charges

According to an AP story:

A judge says he's inclined to rule that fees for getting driver's license records must follow Missouri's Sunshine Law.

Companies that buy driver's license and motor vehicle records in bulk sued to challenge a Revenue Department fee increase, alleging it violates the Sunshine Law. The department had charged a fraction of cent for bulk records but increased that to $7 starting May 1 to pay for a new computer system.

Cole County Judge Richard Callahan has already temporarily blocked the fee increase, citing the Sunshine Law's limit on how much the state can charge for copies of records.

Callahan held a hearing Friday on a permanent injunction. He said the Sunshine law seems to apply to the Revenue Department records, but he did not issue an immediate ruling.

FOI AT Work: Don't Ask, Don't Tell Affects More Women Than Men

The Army and Air Force discharged a disproportionate number of women in 2007 under the “don’t ask, don’t tell” policy that prohibits openly gay people from serving in the military, according to Pentagon statistics gathered by an advocacy group.

While women make up 14 percent of Army personnel, 46 percent of those discharged under the policy last year were women. And while 20 percent of Air Force personnel are women, 49 percent of its discharges under the policy last year were women.

By comparison for 2006, about 35 percent of the Army’s discharges and 36 percent of the Air Force’s were women, according to the statistics.

The information was gathered under a Freedom of Information Act request by the Servicemembers Legal Defense Network, a policy advocacy organization.

More here

Rhode Island Reforms Pass

Per the AP, Rhode Island lawmakers have taken a major step toward strengthening the state's public records law:

Rhode Island lawmakers have endorsed the first major changes to the state's open records law, including hastening their release and specifying the information from arrest records police must make public.

Lawmakers approved the changes Saturday. They would take effect Sept. 1, if accepted by Gov. Don Carcieri.

The proposed law would decrease the time that public agencies have to respond to requests for public records, from 10 days to seven.

It would bar state agencies from requiring those seeking the information to provide personally identifiable details or stating the reason for their request.

The bill lists the basic information that police must release about arrests within 24 hours. It also orders that police release narratives of arrest reports within seven days.

FOI At Work: Sports Beat

eorgia State has offered new football coach Bill Curry an annual salary of $350,000, according to documents obtained by the Atlanta Journal-Constitution through the Freedom of Information Act.

This is not a contract but a memorandum of understanding. Curry has three months to sign the document. When Georgia State introduced him as head coach last week, Curry had agreed to a five-year contract.

In addition to his salary, he will receive an annual $50,000 bonus that's tied to certain athletic and academic achievements that will be included in the contract. He will also receive a $500 month car allowance. He will have a pool of $450,000 with which to hire six assistant coaches, a director of football operations and an administrative assistant.

More here.

Some Good News (At Last!)

After a morning of new exemptions, some good news from Arizona:

The state Senate gave preliminary approval Tuesday to a bill that would make public the disciplinary records of state employees.

On a voice vote, the Senate approved House Bill 2159 and amended it to say that employee phone numbers and addresses would remain private.

The bill, sponsored by state Rep. Jonathan Paton, a Tucson Republican, was introduced as part of a series of reforms to Child Protective Services following the deaths of two Tucson children, and the presumed death of a third local child, who were being monitored by the state agency.

More here.

The Ever-Shrinking Community...NC Seeks to Keep Secret Names of Little Leaguers

A frequent rant of mine is the ever-narrowing conceptualization of information that ought to be public, such as the fact that little Johnny drove in three runs in the game last night...while I see no reason to release dates of birth and the like, what about a name and an age?

Efforts to keep identifying information about children who participate in local recreational programs cleared a subcommittee on Wednesday.

The subcommittee, which is looking at a bill introduced by two Alamance County representatives - Democrat Alice Bordsen and Republican Cary Allred - along with Rep. Karen Ray, R-Iredell, also chose to recommend that the new proposed law clarify that coaches and recreation staff members could release that information if they chose to. However, they would not be required to do so.

The bill would exclude from the public record identifying information of a minor, such as the minor's name, address, age, date of birth, telephone number, name and address of the minor's parents and any other information on an application to participate in a recreation program.

Charles Marshall, representing the N.C. Press Association, requested that the name and age of the child continue to be public record to facilitate reporters and photographers who might be covering a youth sporting event.

Reps. Bonner Stiller, R-Brunswick, and Debbie Clary, R-Cleveland, argued for keeping such identifying information public.

"The worst thing that can happen is to put the wrong name under a 12-year-old or a 14-year-old who is the triple hitter," Clary said.

More here.

Want to Get Inspired Today?

Then check out the Student Press Law Center's excellent series of interviews with student journalists and their teachers...

Humboldt State University's investigative reporting class had hit a wall. In January they embarked on an investigation into mental health within the Humboldt County Jail by researching the life and death of James Lee Peters, a Native American man who in August committed suicide while in the jail.

After repeated phone calls and endless interview requests, the class was met only with silence.

"No one felt they could talk about it," said Marcy Burstiner, the professor who led the class. "No one was blocking them, but no one was helping them out."

Not knowing where else to turn, the class began digging through public records. They filed California Public Record Act requests with Atascadero State Hospital and petitioned the District Attorney to open Peters' files.

As the class pored over court transcripts, physiological reports and procedural policies, they began to piece Peters' life together. In doing so, they shed light on the deteriorating state of mental health services within the county jail.

Check out the interview here.

Hoosier Ombuds to Rule on Phone Records

Indiana's public access counselor is investigating whether environmental officials violated public records laws by failing to release complete records of phone calls made about the time of a public hearing on the BP Whiting oil refinery's air permit.

Public Access Counselor Heather Neal is expected to issue an official opinion on the Post-Tribune's public records complaint by June 26.

The northwest Indiana newspaper filed the complaint last month after the Indiana Department of Environmental Management said it did not have all the itemized cell phone records requested.

The newspaper had asked for records of cell phone calls made Feb. 1 through March 20 by Dan Murray, assistant commissioner of the agency's Office of Air Quality. That included March 14, the date of a public hearing on BP's air permit.

More here.

Tight Security on the Report, Anyway...

nitial findings from an internal investigation into apparent security lapses the night of the Governor's Mansion fire may be kept under wraps, thanks to a state secrecy law, insiders familiar with the inquiry acknowledged Wednesday.

The Texas Public Safety Commission, which oversees the state Department of Public Safety that is in charge of Mansion security, is slated today to discuss the fire and the resulting investigations, including "possible action on deployment and implementation of security personnel or devices in the Capitol Complex," according to the meeting agenda filed with the Texas secretary of state.

Two sources familiar with the investigation said the commission probably will meet behind closed doors to discuss the mansion fire, citing exemptions in the Texas Open Meetings Act and Homeland Security laws that allow for such secrecy.

The rationale is that revealing details of mansion security might interfere with an ongoing criminal investigation of the fire and might compromise mansion security in the future. The two sources asked not to be identified because they are not authorized to discuss the matter publicly.

Commission Chairman Allan Polunsky declined to discuss specifics. Immediately after the fire, Polunsky ordered security fully reviewed at the mansion.

More here.

Here's a New One: "Editorial Privilege"

It's new to me, anyway...

When the Federal Communications Commission votes on something at a public meeting, the document they are voting on isn't necessarily for public consumption, the agency said Wednesday.

Commissioners unanimously rejected an appeal by the Associated Press for a copy of a document that was approved by a 4-1 vote at a July 31 public meeting.

The document was an order establishing rules that would govern the conduct of a planned auction of television airwaves that would later raise nearly $20 billion.

While commissioners approved the rules in a public vote, staff requested "editorial privileges." A formal document was not released until Aug. 10.

More here.

FOI Request Nets Video of Police Custody Incident

A handcuffed Kalamazoo teenager struggles with a Public Safety officer as he is led down a hallway toward a booking room when the officer shoves him into a wall, injuring his face, according to video of the incident released Tuesday.

The city of Kalamazoo released video of the May 22 incident after the Kalamazoo Gazette filed a Freedom of Information Act request.

The officer involved, Derek Nugent, has been placed on a 10-day, unpaid suspension, Acting Public Safety Chief Jim Mallery announced Monday.

The teenager, who is African-American, lost three teeth. In a complaint filed with the department, his family has alleged that Nugent, who is white, was harassing the youth because he is black.

The video (EXTREMELY profane and loud...volume control..) is here.

Think You've Waited a While for your FOI Request?

As the Reporters Committee explains, TRAC waited THIRTY YEARS....

A federal judge ruled Friday that the Internal Revenue Service has flouted three court orders dating back to 1976, requiring it to regularly provide requested information to a Syracuse

University professor. Judge Marsha Pechman, of the Western District of Washington in Seattle, ordered the IRS to produce unredacted copies of the requested audit reports within 30 days.

In addition, the IRS must comply with future requests and send the documents electronically to Syracuse School of Management Professor Susan B. Long within 30 days of her inquiries.

Long co-directs Transactional Records Access Clearinghouse (TRAC), a data-research organization through the school that compiles government statistics for the public. She filed a motion in February for compliance with the three previous orders.

The FOIA saga that spanned four decades began in 1974 when Long, then a graduate student at The University of Washington, filed her original request for statistics from the IRS. She received a court order to enforce the request two years later.

Access to Police Disciplinary Hearings Subject of Cali Bill

A state senator hopes to revive a controversial bill that would increase media access to disciplinary hearings and records involving Los Angeles Police Department officers.

The legislation, according to Sen. Gloria Romero (D-Los Angeles), was encouraged by Mayor Antonio Villaraigosa, and has already generated sharp criticism from the union that represents LAPD officers.

Last year, Romero sponsored similar, yet more far-reaching, legislation that sought to overturn a state Supreme Court ruling that effectively barred law enforcement agencies from releasing personnel information.

The legislation passed the Senate, but stalled in the Assembly's public safety committee. Members of the panel refused to discuss it or vote on it after leaders from several influential law enforcement unions spoke vociferously against it.

Union leaders argued that the law would endanger police officers' lives by making it easier for disgruntled members of the public to track them down -- although they could not cite cases in which officers had suffered such harm before the Supreme Court's ruling, when the public enjoyed greater access to disciplinary information.

More here.

Kudos to the Memphis Schools Chancellor

Not everyday do I dole out praise -- but this is well earned!

Chancellor Walter Evans this morning ruled that records of all applicants for the recent vacancy for superintendent of the Memphis City Schools are public records and should be provided to The Commercial Appeal.

The chancellor’s ruling came after the newspaper filed suit against the school board which provided access only to records of the five semifinalists selected by Ray and Associates, the Iowa-based company hired by the board to conduct the search.

Evans said Ray and Associates was performing a governmental function as an agent for the Memphis City Schools in receiving “all applications” for superintendent and that all applications and correspondence must be made available for public inspection.

More here.

White House Office of Administration Not Subject to FOIA...

The White House Office of Administration is not required to turn over records about a trove of possibly missing e-mails, a federal judge ruled Monday.

The ruling by U.S. District Judge Colleen Kollar-Kotelly found the agency does not have "substantial independent authority" so it is not subject to the Freedom of Information Act.

The decision means the White House does not have to disclose documents relating to its troubled e-mail system. That system developed problems that may have caused millions of White House e-mails to be unaccounted for.

The watchdog organization Citizens for Responsibility and Ethics in Washington had sued under FOIA. The group expressed disappointment in the ruling and said it is appealing the decision.

"The Bush administration is using the legal system to prevent the American people from discovering the truth about the millions of missing White House e-mails," said Melanie Sloan, the organization's executive director.

In January, the White House said it cannot rule out that it may have lost certain e-mails. The possibly lost e-mails are from a period in which the United States decided to go to war with Iraq, White House officials leaked the identity of CIA officer Valerie Plame and the Justice Department started a criminal investigation into who leaked the information.

More here.

Secret Divorce Filings, And the Former Law Partners Who Grant Them

In early February, (Speaker of the House) Glenn and Susan Richardson walked into the Paulding County Courthouse, filed for an uncontested divorce and got their case sealed from public view.

The handling of the divorce raised questions as to whether the speaker of the state House received preferential treatment from Judge James Osborne, who was not initially assigned the case but signed the order placing it under wraps. The judge, once the speaker's law partner, is now weighing a request to unseal the divorce file. He said Thursday that he has treated the Richardsons' request like any other.

he case is being closely watched, particularly by divorce lawyers across the state. They say if the speaker succeeds in keeping the file sealed, it could lead to an avalanche of requests to close the files of other broken marriages.

"If they carve out an exception for him, I guarantee you we'll all be trying to seal divorce records," said John Lyndon, a family law attorney in Athens. "There's no doubt about it."

Lyndon has had mixed results sealing divorce records and said judges more often than not refuse to do it. When successful, he said he gives clients this caveat: "If challenged, I wouldn't expect it to hold up."

More here.

Man Bites Dog...

An elected official demands more openness...

Citing serious concerns about the “extreme secrecy” surrounding the Transportation Corridor Agency (TCA) participation in a key federal interagency committee (formally known as the South Orange County Transportation Infrastructure Improvement Project – SOCTIIP – Collaborative), Lt. Governor John Garamendi sent a strongly worded letter to Jane Luxton, general counsel at the Department of Commerce’s National Oceanic and Atmospheric Administration requesting a more open, public process.

One of the main functions of the federal committee is to coordinate federal agency evaluation of alternatives to the Toll Road proposed to go through the Donna O’Neill Conservancy and San Onofre State Beach Park. As such, this important committee is in a position to determine whether or not new information regarding alternative is objectively considered.

In this June 11, 2008, letter, Lt. Gov. Garamendi stated, “My concern is that these deliberations, so critical to your [NOAA and the Dept. of Commerce’s] final analysis, are being finalized in an environment where ONLY the project applicant examines, presents, evaluates and comments upon evidence. There is no opportunity for the public to participate in or even witness discussions and deliberations.” “TCA is not a collaborative member, but an observer. The structure of the SOCTIIP Collaborative has created an untenable situation: a project proponent with interests that are potentially adverse to the public or in contravention of law, is provided exclusive permission to communicate freely with federal regulators sheltered from public scrutiny. This set up frustrates the purpose of open government and public records law,” added Lt. Gov. Garamendi.

More here.

Florida Judge: Go Get The E-Mail From Home...

In an extraordinary move, a circuit judge ordered three Venice City Council members to let a computer expert retrieve government-business e-mail from their home computers.

Judge Robert Bennett did not specify how Mayor Ed Martin and council members John Moore and John Simmonds must comply with his ruling, which came at the conclusion of an unusual one-and-a-half-hour emergency hearing involving Venice's top public officials.

But he required the three council members to provide access to their private computers to ensure preservation of records that are at the heart of a suit over alleged violations of Florida's open government laws.

Council members Sue Lang, Vicki Noren, Rick Tacy and Ernie Zavodnyik testified that they had turned over e-mail requested as part of the lawsuit and had not deleted any city government e-mail from their home computers. Bennett did not order them to provide access to their private computers.

More here.

The Supremes Weigh in on a FOIA Case..

In case you missed it, Dan Metcalfe's Collaboration on Government Secrecy brings word that the United States Supreme Court weighed in on a rather narrow federal FOIA issue this week:

The Supreme Court issued its decision in Taylor v. Sturgell, in which it reversed the lower court's decision (written by Circuit Judge Douglas H. Ginsburg of the Court of Appeals for the District of Columbia Circuit) and ruled that, as a sound general rule, courts "should not proscribe or confine successive FOIA suits [i.e., for the same records] by different requesters."

Writing for a unanimous Court, Justice Ruth Bader Ginsburg rejected the D.C. Circuit's "broad theory of virtual representation," concluding that while "it is theoretically possible that several persons could coordinate to mount a series of repetitive [FOIA] lawsuits," there is insufficient "risk" of "vexatious litigation" or "abusive FOIA suits" to warrant such a harsh preclusive rule for successive lawsuits brought under the FOIA. This is the thirtieth FOIA case decided at the Supreme Court level (and, putting aside the commonality of the two jurists' names, might be the first time in which the Supreme Court has reversed a decision written by a failed nominee to the Court.)

Interesting FOI Developments in AZ....Well Worth a Read

How close did I come to getting arrested by Maricopa County sheriff's deputies today? As Maxwell Smart would say, "Missed it by that much."

The problem: I had the nerve to want to look at the same public records that sheriff's deputies were scouring at the City of Phoenix public records counter.

First, a little background.

You'll recall that Phoenix Mayor Phil Gordon has been putting a lot of political heat on Sheriff Joe Arpaio in recent months, ripping Arpaio for conducting "crime-supression sweeps" that are really intended to find illegal immigrants. At a luncheon in March to honor Cesar Chavez, Gordon said the Sheriff's Office was doing little more than locking up "brown people with broken tail lights." He reiterated the theme in a May 2008 Latino Perspectives Magazine article, writing that Arpaio has "created a 'Sanctuary County for Felons' with his reckless priorities–that target brown skin and cracked tail lights– instead of killers and drug dealers."

Pretty harsh words, and when the sheriff gets attacked, he bites back. In late April, the Sheriff's Office put in a public records request for every e-mail obtained or received from the mayor and a bunch of his staff members, including City Manager Frank Fairbanks. Arpaio also wants to see the mayor's meeting calendar and cell phone records. As New Times columnist Sarah Fenske wrote last month, the request appears to be a fishing expedition for any records that could harm the mayor politically.

More here.

Missouri E-Mail Saga Just Gets Better and Better...

The Kansas City Star and two other Missouri news organizations asked Wednesday to intervene in a lawsuit to obtain copies of e-mail messages to and from members of Gov. Matt Blunt’s staff.

The Star, the St. Louis Post-Dispatch and the Associated Press filed a joint motion to join the lawsuit filed by independent investigators appointed by Attorney General Jay Nixon. The three-member investigative team is trying to determine whether Blunt destroyed public records that the law says must be retained.

The governor’s office had previously refused to disclose to the three news outlets many of the same documents now sought by the independent investigators.

The governor’s office last year either denied the news outlets’ requests outright or demanded thousands of dollars in fees before the requests would be considered. The motion says the denial and demands for excessive fees violate the Missouri Sunshine law, which gives the public access to government records with limited exceptions...

Blunt's office issued a statement saying he was disappointed that the two newspapers “would join forces with the campaign of Jay Nixon, the Democrat candidate for governor.”

More -- much more -- here.

No Public Interest in Iraq PTSD Cases? Really?!?

From the CREW website:

Today, CREW received a truly remarkable response from the Department of Veterans Affairs (VA) to its FOIA request for documents relating to the VA’s abhorrent practice of under-diagnosing PTSD in veterans to save money. According to the VA, CREW is not entitled to a fee waiver -- meaning it has to pay for the costs of finding and copying responsive documents -- because there is no longer any public interest in this issue! Ignoring the wealth of news articles triggered by CREW’s and VoteVets.org’s release of an internal VA e-mail and the congressional hearing that release prompted, the VA claims that any records CREW requests “would not reveal anything new.”

We know what that means -- fee waiver or not, the VA has no intention of letting any more incriminating e-mails out of its clutches. Let’s hope there are more courageous VA employees willing to blow the whistle on what the VA is, and is not, doing for our veterans.

The VA also claimed it could not respond to the request as written because CREW failed to identify the specific VA offices and employees that would have responsive records. As CREW made clear in its response, we are committed to shining the brightest light possible on the VA’s treatment of veterans suffering from undiagnosed PTSD and we will not back down from these shameless excuses that the VA has offered.

More here.

An Interesting Persepctive From An Historian...

In today's Post:

Giving Americans back their history may not rank with ending the war in Iraq or balancing the budget, but it should be high on the to-do list of the next president. Our declassification system has broken down. Historians are waiting an average of seven years for replies from presidential libraries to their Freedom of Information Act requests. The White House cannot locate millions of e-mail records created during the months immediately before and after the 2003 invasion of Iraq.

The problem goes far beyond the Bush administration or its immediate predecessors. Tens of thousands of pages of previously declassified top-secret documents that I read and photographed two years ago at the Naval Historical Center at the Washington Navy Yard, while researching a minute-by-minute narrative of the 1962 Cuban missile crisis, were closed to researchers in March pending an indefinite security "review." The ostensible reason for pulling the records is the 1999 Kyl-Lott amendment that requires the rescreening of millions of documents for supposedly sensitive nuclear secrets. But it is difficult to explain why the Navy waited nearly a decade before acting.

More here.

Anonymous Donors & FOI: A Tough Issue

A nice look at a contentious issue:

With only so much taxpayer funds available to pay for a lengthy wish list of capital projects, the town is increasingly relying on the generosity of a wealthy citizenry to fund everything from a proposed Byram pool to improvements at the municipal golf course.

Some gifts have come with a catch, with the donors requesting their anonymity from the town. A number of elected officials acknowledge that the practice could raise questions about transparency and donors currying favors. Most say the benefits outweigh the risk with so many projects competing for funding and limited funds to go around, however.

"I think from my point of view there's a tremendous list of things that need to get done and we live in a community where there are so many generous citizens who are committed to making Greenwich better, and they deserve our gratitude and our respect," Selectman Lin Lavery said.

Lavery, who promised during her campaign to champion a new public swimming pool in Byram Park, received $100,000 in commitments from private donors for a site survey and for the project's initial design. The donors' names have been a tightly guarded secret by Lavery, an ardent supporter of public-private partnerships from her days as president of the nonprofit Junior League of Greenwich.

"For some people, they like anonymity because it protects them from excessive requests," said Lavery, who also doesn't want to release any names until the money is actually spent on the project. "So there's no point publicizing the donor who has made a commitment but has not yet made the donation."

Some in town government are discouraging the practice of withholding the names of donors and said it could set a bad precedent.

"My personal opinion is that it's preferred to know who the donor is, so there is no conflict of interest," said Pamela Frederick, chairman of the Representative Town Meeting's Finance Committee.

Frederick said she realized that in the nonprofit world it is customary to receive anonymous donations but feels it inappropriate for the town.

More here.

Detroit Mayor Ordered to Move Forward With FOI Lawsuit

A Detroit judge has refused Mayor Kwame Kilpatrick's request to delay a Freedom of Information Act lawsuit by the Detroit newspapers until his criminal case has resolved.

Wayne County Circuit Judge Robert Colombo Jr. said Friday he allowed Kilpatrick to intervene to protect his rights but not to postpone proceedings. He says Kilpatrick and former Chief of Staff Christine Beatty will undergo depositions.

The Detroit Free Press and The Detroit News have sought depositions as well as the release of text messages between Kilpatrick and Beatty. The Free Press published excerpts of some messages in January.

More here.

Rhode Island FOI Reform?

Rhode Island's Senate has voted to strengthen the state's freedom to information law by requiring government agencies to respond to information requests faster.

The bill passed unanimously Thursday afternoon. It now heads to the House.

If adopted, Sen. Michael Lenihan's proposal would be the first major change to the state Access to Public Records Act in a decade. It would ban government agencies from forcing people who seek government documents to divulge their identities or reasons for seeking the information.

The bill would also require the government to respond to open records requests within seven days, instead of 10. Police departments would have to release basic information about arrests within 24 hours of receiving an inquiry.

Louisiana FOI Reforms Down In Smoke...

Louisiana's popular new governor speaks with forked tongue when it comes to openness?

A Senate panel defeated legislation Wednesday that would have dramatically increased the number of governor’s office records available for public scrutiny.

The state Senate and Governmental Affairs Committee voted 3-2 against approving the House-passed measure aimed at improving the state’s ranking as one of the worst in the nation when it comes to transparency of records in the governor’s office.

Proponents noted how much Gov. Bobby Jindal says he likes good rankings when it comes to disclosure laws and transparency.

But Jindal’s executive counsel Jimmy Faircloth told the panel that the administration favored a Senate bill that keeps more governor’s records off-limits to the public.

More here.

A Bit Off Topic, But Well Worth the Read...

A different tack on the need for a federal shield law: to protect the rest of the world from us...

Here.

Now THAT is some redacton....

From the ACLU's excellent work on the CIA files comes this gem:

After CIA Director Michael Hayden publicly admitted that the CIA has, in fact, waterboarded detainees, the agency could no longer cling to its last excuses for covering up the use of the very word “waterboarding” in CIA records. As a result, yesterday we obtained several heavily redacted documents in response to an ongoing Freedom of Information Act (FOIA) lawsuit brought by the ACLU and other organizations seeking documents related to the treatment of prisoners in U.S. custody overseas.

While the documents do, in fact, reveal the word “waterboarding” or some variation, they leave pretty much everything else to the imagination. The pages that haven’t been completely withheld (many of them contain the words “Denied in Full” instead of any actual content) have the clandestine blacked-out look that’s become a sort of trademark of this administration. This is my favorite:

Exec Privilege Argument Rejected in New Jersey Gov E-Mail Case

A judge on Friday ordered Gov. Jon S. Corzine to publicly release hundreds of e-mail messages he exchanged with a state union leader he once dated.

In his ruling, Judge Paul Innes of State Superior Court said the messages were public records.

The decision is a blow to Mr. Corzine, who wanted to keep private the e-mail messages he exchanged with Carla Katz, a former companion, during state worker contract talks in 2006 and 2007.

“The relationship created a clear potential for conflict,” Judge Innes wrote. “These types of communications would be the sort of communications the Supreme Court felt the public had the right of access to understand and evaluate the reasonableness of the public body’s actions.”

Tom Wilson, the New Jersey Republican Party chairman, sued to make the e-mail messages public, contending that the personal relationship could have affected negotiations.

Mr. Corzine, a Democrat, contends that the e-mail messages are private under privileges accorded governors.

More here.

Judge Smacks Down Higher Records Fees in MO

A Cole County judge on Friday voided a fee increase for Missouri driver and motor vehicle records.

Several companies that routinely purchase the records sued the Department of Revenue earlier this month, alleging that the new fee structure violated open-records law and raised constitutional concerns.

On May 1, per-record fees rose to $7, from $1.25. The department also eliminated bulk discounts, which had allowed purchase of database files containing tens of thousands of records for fractions of a penny per record.

The lawsuit contends that the Department of Revenue violated the Sunshine Law by raising fees above the actual cost of providing the record. According to the law, fees must cover only the cost of copies and the staff time needed to provide the copy, not the creation or maintenance of the record.

Department of Revenue officials have said the fee increase is intended to finance the purchase of a new, multimillion-dollar database system. They argue, however, that driver and motor-vehicle records are not open records and thus not covered by the Sunshine Law.

Judge Richard Callahan slapped down the department’s defense in open court on Thursday, telling lawyers that he interpreted the phrase “public records” to include all government records, whether they were open to the public or not.

More here.

NC Bill Would Shift Fees...

Government agencies would be required to pay citizens' lawyer bills when they illegally deny access to public records, under a legislative proposal the sponsor says was spurred by several recent newspaper lawsuits.

The bill, introduced by Sen. David Hoyle, D-Gaston, would ensure citizens and groups receive money to cover their legal costs when they sue for access to public records under the state's open records law.

Hoyle, a longtime proponent of open government laws, said the measure would make government agencies think twice about denying access to public records.

"I think this may cause them to pause and say, 'Wait, why did I want this, and if I happen to lose in this situation, it could cost me some money,'" Hoyle said. "I think you'll see less litigation."

Many government organizations have opposed similar proposals in the past, citing fears that they will be hit with big legal bills for unintentionally blocking access to public records.

Current state law leaves legal fee awards up to a judge's discretion. That means courts can decide to award no money or part of the victors' legal tabs if it decides the agency had "substantial justification in denying access" or there were circumstances which would make awards "unjust."

The bill would make payment of "reasonable" legal fees, as determined by a judge, mandatory, Hoyle said.

More here.

New NC Bill Adds Fees, Ombuds

People or organizations who win public records lawsuits would be awarded legal fees to cover expenses for their litigation under a bill filed in the N.C. Senate.

Current law allows a judge to award reasonable attorneys fees to plaintiffs in a public records lawsuit, but doesn't require it. The proposed new law, sponsored by state Sen. David Hoyle, D-Gaston, would entitle successful plaintiffs to such fees.

"Give them the information," Hoyle said in encouraging local governments to be more willing to give the public access to records they collect. "I mean, it's public."

John Bussian, a lobbyist for the N.C. Press Association and an attorney for Freedom Communications, said that while judges currently can award reasonable attorney's fees, doing so is the exception to the rule.

"They make it effectively a long shot to recover legal expenses," Bussian said.

He said that most states either provide for the automatic recovery of legal fees in open government cases or provide criminal penalties for violations of such laws.

"North Carolina does neither one," Bussian said.

More here.

Good 'Ol Rocky Top!

It was touch and go all spring. Would Tennessee make public records more accessible to its citizens or put up more roadblocks?

This time, the people won out.

For the first time in a quarter century, public records will be more open to the people. That should translate into greater accountability from government.

The legislation, which Gov. Phil Bredesen is expected to sign into law, creates an Office of Open Records Counsel. The ombudsman will serve as a resource if citizens run into roadblocks regarding access to public records. The office will develop a reasonable fee schedule for records requests that take longer than five hours to fulfill.

It gives records custodians no more than seven days to respond to requests or explain why they need more time. Currently, there is no deadline for responding to requests.

A committee also will be created to consider problems such as excessive fees and long delays that people might encounter from less-than-helpful public servants.

More here.

The Missouri E-Mail Soap Opera: Chapter...Well, Who Knows?

Under investigation for alleged Sunshine Law violations, Gov. Matt Blunt's administration is retaliating with its own use of Missouri's open-records law.

When attorney general's investigators sought records from Blunt, he responded likewise. When Blunt was sued for those records, he renewed his own Sunshine Law demands. And when a lawmaker spoke poorly of the governor, Blunt's team quickly slapped him with an open-records request.

Blunt's point is that others are playing politics with the Sunshine Law. To any critic who questions his Sunshine Law compliance, Blunt is essentially saying: Put your records where your mouth is.

But several Sunshine Law experts, who track open-records disputes around the nation, describe Blunt's actions as both troubling and unusual.

"They're responding to an investigation in the executive office of the state of Missouri by sort of using public-records laws to create their own investigative powers, and I think that's a pretty inappropriate use of public records laws," said Charles Davis, executive director of the National Freedom of Information Coalition, based at the University of Missouri-Columbia.

More here.

Louisiana FOI Bill Passes House

Legislation passed out of the state House of Representatives on Wednesday would put a time limit on how long the governor and his key staff get to keep their public records private.

House Bill 1100, as amended on the House floor, would allow the governor, his chief of staff and his executive counsel to keep their records confidential for up to three years.

State Rep. Wayne Waddell, R-Shreveport and sponsor of HB1100, said he is happy with the bill’s new language because it would require the Governor’s Office to keep its records and would open them within the governor’s term of office.

On the floor, Waddell commended Gov. Bobby Jindal on his legislative package for stronger ethics and a better image for Louisiana. Waddell said Jindal has said more than once that he wants transparency in every state agency.

“Members, we are now gold plated,” Waddell said. “It’s time that we become solid gold.”

Existing law allows for everyone in the Governor’s Office to keep the records they generate and use secret, as well as the employees of about 60 agencies that are considered part of the Governor’s Office, such as the Office of Civil Rights, the Pet Overpopulation Advisory Council and the poet laureate.

HB1100 would require everyone — except the governor, his two top advisors and their staffs — to make their records immediately available for inspection by the public.

Now THIS is a piece of FOI-driven reporting...

From a favorite former student at the Orange County Register:

What do $3.70 lattes, an Indian casino and a BMW dealership have in common?

An obscure California agency thinks they're all public benefits worth tax-free money.

The agency, the California Statewide Communities Development Authority, issued about $4.2 billion in tax free bonds in 2007, ranking behind only the states of California, Ohio and New York.

County supervisors and city council members statewide formed the agency. Last year, their political associations pocketed $4 million from it.

The Bay Area businessmen who staff it made even more. They collected $10 million.

For 20 years, they have operated out of the public view, using a public agency to help finance their special interests while siphoning off tax revenue for projects of dubious public value.

They have taken a public agency and made it a private benefit.

"This is the ultimate in invisible government," said Orange County Supervisor Chris Norby, who's been suspicious of the agency since he was a Fullerton City Councilman in the 1990s. "It's kind of the worst of both worlds," he said, "public and private."

More here.

A Secrecy-Laden Deal in Virginia...

A troubling article in the NYT today on a trend worth watching: secret deals for research between universities and those who fund them...

On campuses nationwide, professors and administrators have passionately debated whether their universities should accept money for research from tobacco companies. But not at Virginia Commonwealth University, a public institution in Richmond, Va.

That is largely because hardly any faculty members or students there know that there is something to debate — a contract with extremely restrictive terms that the university signed in 2006 to do research for Philip Morris USA, the nation’s largest tobacco company and a unit of Altria Group.

The contract bars professors from publishing the results of their studies, or even talking about them, without Philip Morris’s permission. If “a third party,” including news organizations, asks about the agreement, university officials have to decline to comment and tell the company. Nearly all patent and other intellectual property rights go to the company, not the university or its professors.

“There is restrictive language in here,” said Francis L. Macrina, Virginia Commonwealth’s vice president for research, who acknowledged that many of the provisions violated the university’s guidelines for industry-sponsored research. “In the end, it was language we thought we could agree to. It’s a balancing act.”

But the contract, a copy of which The New York Times obtained under the Virginia Freedom of Information law, is highly unusual and raises questions about how far universities will go in search of scarce research dollars to enhance their standing. It also brings a new dimension to the already divisive debate on many campuses over whether it is appropriate for universities to accept tobacco money for research.

More here.

Virginia Coalition Announces Awards

Two people will be honored with awards from the Virginia Coalition for Open Government, the group announced.

Leigh Purdum of Madison County will receive the group’s Laurence E. Richardson award for individual citizen contributions to open government after winning a court case against the Madison County Sheriff, according to a release from the group.

Lawrence Hammack of The Roanoke Times will receive the group’s media award for a series of stories he wrote on a former city councilman’s spending.

More here.

New Jersey Bill Bans Confidential Settlements

Taxpayers shouldn't have to sue to find out how much they are paying to settle lawsuits - lawsuits that are sometimes settled for big bucks because government officials botched their jobs.

But that's exactly what's been happening in the case of confidential settlements involving public agencies. The Press twice has gone to court - and won - to overturn the confidentiality provisions of settlements involving public agencies. Courts ruled in such cases that the public has a right to know what it's paying in settlements. But without a law, taxpayers were forced to hire a lawyer to pry these settlements open.

That unfairness would end, if a bill sponsored by state Sen. Nia H. Gill, D-Essex, Bergen, becomes law. Gill's bill, which cleared the Senate Judiciary Committee last week, would ban confidential settlements when a public agency is involved.

More here.

North Carolina Access: A Report Card

Good to see state-based evaluations of transparency like this report from North Carolina's John Locke Foundation -- thanks to Mark Tapscott for the heads up...

Seven state agencies earn failing grades, when it comes to making budget and spending information available online. Twenty of 22 agencies studied earned no better than a D-plus grade, according to a new John Locke Foundation Spotlight report.

The report assigns F’s to the departments of Commerce, Correction, Environment and Natural Resources, Insurance, Justice, Transportation, and the State Treasurer. The only state agencies to escape a D or F grade were the Clean Water Management Trust Fund, with a C, and the Department of Public Instruction, C-minus.

Those poor grades are not unique to state agencies. The JLF Transparency Report Card 2008 highlights transparency problems at all levels of North Carolina government, said report co-author Chad Adams, JLF Vice President for Development and director of the Center for Local Innovation. “The average grade for a state agency covered in this report is a D-minus,” he said. “No North Carolina city or school system in this report earns better than a C grade, and no county earns more than a C-minus.”

The report card is designed to spur improvement within state and local governments, Adams said. “This state, home to national banks that update their customers’ accounts instantly anywhere around the world, woefully lags in making spending transparent at every level,” he said. “North Carolina and its local governments need to do more.”

Adams and JLF Fiscal Policy Analyst Joseph Coletti evaluated the Web sites of 22 state agencies, North Carolina’s 10 largest cities, 10 largest counties, and 10 highest-spending school districts. Each earned a letter grade from A to F based on the “degree of difficulty” presented to citizens hoping to find line-item budgets, annual financial reports, and information about government contracts, grants to non-profit groups, and personnel data.

As a group, the cities earned the highest marks with an overall grade of C-minus. Counties earned an average D-plus grade; local school districts, D; and state agencies, D-minus.

The report noted some bright spots. The Department of Public Instruction, Community College system, and University of North Carolina system all earned B grades for presenting school enrollment and graduation rate information. The Clean Water Management Trust Fund earned a B for documenting its grants to nonprofits. The clean water fund, departments of Labor and Revenue, and the Office of State Budget and Management all earned B’s for presenting detailed budget information.

But 10 agencies earned more F’s than passing grades. The departments of Justice and Transportation earned F grades in every category.

More here.

Government Contracts -- A Market Approach

This is pretty cool stuff...

INPUT, the authority on government business, announced that it has opened its electronic library containing thousands of federal and state and local contract documents to the public.

“We have over three thousand government contracts and task orders acquired under the Freedom of Information Act (FOIA) available now with more added every day,” said Ashlea Higgs, senior manager, INPUT Network. “Government FOIA offices are overloaded and requests often take several months to complete. By making our library available, we hope to offload some of the volume of requests to FOIA offices and provide immediate access to these documents to citizens and organizations that have a need.”

By providing access to government contracts, INPUT expects to help government agencies and contractors make better decisions as it relates to government planning and acquisition. Contractors may get the benefit of understanding the work currently being performed on a contract as a means to better understand the needs of that agency.

Government contractors don’t have the luxury of waiting for the government to release an RFP to decide if they should bid,” said Higgs. “Having access to an existing contract prior to release of an RFP can help a company decide much earlier whether it has the skills and resources to pursue an upcoming contract.”

A Little Transparency Down On The Bayou, Please...

Gov. Bobby Jindal wants less sunshine for his office than the type of transparency that he touted on the campaign trail and that he used to call lawmakers into a special legislative session three months ago on the need for openness in government.

Jindal is opposing a bill that would require nearly all of his office to comply with the same public records laws as other state agencies. He cites a need to hide from the public papers and records, as part of executive privilege.

Other governors have opposed similar attempts at openness over the years. But they didn't campaign, as Jindal did, on ethics and cleaning up Louisiana's image. Jindal fails to mention that Louisiana ranks dead last on a list of the public's ability to scrutinize documents in the governor's office.

More here.

Somewhere in Iowa, a Government Official Wants to Charge You...

for reviewing records requests.

Not fulfilling them, mind you, but merely for processing them.

My pal Al Cross over at The Rural Blog has the scoop:

The latest proponent of this bad idea is Democratic Gov. Chet Culver of Iowa, whose office started charging such fees after The Des Moines Register made "two unusually large and unconnected requests for public e-mails" in March, Lee Rood of the Register reported last week. "The requests also came after the governor’s office had mulled for more than a year about rare requests for large numbers of public information that take a lot of agencies’ time to compile," Rood writes, quoting Culver General Counsel James Larew as saying that charging fees to retrieve public documents is supported by case law and has prompted requesters to scale back their requests, and the new fees were intended to “discipline” requesters, not restrain them. "The charges can be levied when a request for records is estimated to take more than three hour of lawyers’ time, Larew said."

This stinker of an idea is worth watching. As Al said, bad ideas like this have a way of germinating...

USDA Seeks the Mother of All FOIA Exemptions

Talk about attacking a molehill with a nuclear weapon...without public notice or debate, a provision secretly tucked into the Farm Bill Conference Report (Sec. 1619, "Information Gathering") nullifies a recent, major federal appeals court decision under the Freedom of Information Act that ordered USDA to make public large amounts of data crucial to monitoring the economic and environmental impacts of multi-billion-dollar farm subsidy and conservation programs.

Mulch -- a great blog on all things farm-y, does such a great job on this that I am just going to take you there...

Watching Them, Watching US

An interesting access question posed by a father in Colorado:

Every day, about 6,000 children take a bus to and from school in Greeley. On most of those buses are video cameras capturing their actions. The tape gives the district a tool to determine what to do if inappropriate behavior occurs.

Parents, however, aren't allowed to review the tape, and that leaves Mike Moskalski outraged. After his son was involved in a physical altercation on a bus in April and received a 10-day suspension from the bus, he wanted to review the tape.

Moskalski said his son was defending himself and did not start the fight. The other student received the same punishment. He wanted to see the tape to make sure. But Greeley/Evans School District 6 officials told him no.

"This is not really fair," he said.

Citing a federal student privacy law, the Family Educational Rights and Privacy Act, officials from Greeley-Evans School District 6 say they cannot release the footage from buses to the public.

District officials would not comment about any specific case.

District 6 began retrofitting buses with video cameras about seven years ago. About 80 percent of the district's buses are fitted with cameras, with a cost of about $1,200 for each vehicle.

"Bus safety is very important," said Wayne Eads, chief operations officer for District 6. "Cameras are a way to protect students, to monitor what happens."

He said to allow a parent to view any footage, the district would have to either get releases from the parents of the other children on the tape or digitally blur out their faces, both of which are not financially realistic.

"This is about protecting the child," Eads said.

But wait a minute...this is not really the sort of record protected by FERPA....and come to think of it, are there not school bus videos I have seen in any number of states made public by FOI?

Of course, if police are involved, that's another matter, like here. Or here.
Help! If you have examples, send them along!

The rest of this story here.

North Carolina Panel Urges Training...

Members of panel appointed by Gov. Mike Easley appears headed toward approval of a plan that would require training on the public records law for most state employees and improvements to government e-mail servers that would archive e-mails for a number of years.

However, a majority of the group expressed concern about creating a system that archived all government e-mails automatically and voiced support for allowing state employees the continued discretion to decide which of their e-mails should be preserved for posterity and which ones are zapped.

Though news reports of the administration’s public information officers and even Easley himself trashing public records triggered the panel’s creation, several of those the governor appointed to review the matter said Thursday state employees should be trusted to do the right thing.

More here.

More from 2008 FOI Summit

A former USA Today reporter facing fines for failing to reveal her sources for stories about the 2001 anthrax attacks said Saturday that news organizations need to go on the offensive in the fight to protect the First Amendment.

"As we all know, the news business is on a collective nervous breakdown," Toni Locy told a coalition of open-government and press groups. "It's time to stop running. It's time to turn and fight. If we don't fight for the First Amendment, who will?"

Locy, who now teaches journalism at West Virginia University, spoke at the annual convention of the National Freedom of Information Coalition.

She said the country needs a shield law that would protect reporters from having to reveal their sources.

"The First Amendment needs some help," she said. "In this environment that we're in now, it needs some help."

More here.

Idaho Citizen Wins FOI Award

Curtis Massood, owner of Canyon Outdoor Media, has been named the winner of the 2008 Max Dalton Open Government Award sponsored by the Idaho Newspaper Foundation.

Massood earned the award and an accompanying cash prize of $2,000 for his successful lawsuit against Ada County in which a judge said the county's e-mail storage system made it inaccessible for the average citizen. Massood has donated the prize to The Shepherd's Home, a children's group shelter in McCall.

The Max Dalton Open Government Award has been given each year since 1999 to a citizen or group judged to be an outspoken advocate of openness in either public records or public meetings on the state or local level.

More here.

NFOIC FOI Summit '08 Is In the Books...

What a great time we had in Philly! Some coverage of Ted Gup's excellent keynote address, which we hope to have on the site soon...

Journalists need to do a better job of explaining to readers why they should be concerned about expanding ''secretocracy'' in government and how it directly affects their lives, a former investigative reporter told a coalition of open government and press groups Friday.

''It's our job to try to find ways to help them see what has happened'' and why they should care, said Ted Gup, a former investigative reporter for the Washington Post and correspondent for Time magazine. He defined secretocracy, in part, as ''a form of government where secrecy is a principal interest of governance,'' and called it a function of power, not political party.

Gup compared the level of secrecy that exists in government to global climate change, saying that a government allowed to operate without scrutiny or accountability threatens democracy and disenfranchises citizens.

The more that Americans withdraw from being involved and informed citizens, the easier for a secretocracy to flourish, Gup said. Yet reporters don't do enough to explain how abuses of secrecy can lead to decisions not in citizens' best interests, from war and the economy to the safety of food and drugs, he said in a keynote address to the National Freedom of Information Coalition's annual conference.

More here.

Some Juvenile Records Could be Opened By Louisiana Bill...

The criminal records of some juveniles could become public record under legislation passed by a Senate committee.

Jefferson Parish Sheriff Newell Norman said parents and school officials are often at a disadvantage, not knowing the history of juvenile delinquents in their neighborhoods and schools.

Norman told a Senate committee there is little that he, as the chief law enforcement officer in Jefferson Parish, is able to talk about publicly.

More here.

A GREAT TV Series on FOIA....

WTTG-TV and reporter Tisha Thompson have done a wonderful two part video
piece about FBI files, along with an online story package. It is posted
here:

The FBI Files

This is a fine, fine example of the things that broadcast media can do to bring FOI to life!

Public Hospital = Public Salaries

An Iowa hospital has lost its fight to keep secret the salaries of its employees.

District Judge Michael Mullins ordered the Davis County Hospital in Bloomfield to turn over payroll records that Bloomfield resident Kenneth Turner requested last year. Hospital officials declined to comment Monday.

Last June, the county-owned hospital denied Turner's request to learn the salaries of its employees. The Des Moines Register then sought access to some of the same information.

In response, the hospital sued Turner and the newspaper, seeking a court injunction that would allow the hospital to keep secret employee salaries and bonuses.

The newspaper then dropped its request for the records. Turner hired a lawyer and pursued the matter.

Under Iowa's open-records law, the wages of government employees are considered public information. A separate law dealing with county hospitals says the salaries "of all employees paid in whole or in part from a tax levy shall be a public record and open to inspection."But Iowa law also says a government agency can keep secret such information by proving to a court that disclosure is not in the public interest and would "substantially and irreparably injure any person or persons."

The hospital contended in court that disclosure of its salaries would cause embarrassment and inconvenience, discourage medical professionals from working in Bloomfield and make it harder to retain employees.

More here.

Missouri Guv Sued Over E-Mail Access

The soap opera in the Show-Me State just keeps on going...

Gov. Matt Blunt's top aides ordered state employees to break the law by destroying copies of government e-mails so they wouldn't ever become public, a lawsuit filed Monday charges.

The story says that the effort last fall failed, the suit says, because two supervisors in the state Office of Administration refused the orders.

The lawsuit was filed in Cole County Circuit Court against Blunt and Dan Ross, the state's custodian of records, by an independent investigative team set up by Missouri Attorney General Jay Nixon. Ross oversees the computer system that handles and preserves e-mails for most of state government.

The suit asks a judge to order that Ross recover all the e-mails on the targeted backup tapes and turn them over to the court. The suit accuses Blunt's staff of "a pattern and practice of behavior with the clear intent to prevent the disclosure of public records."

More here.

The Litigation Exemption in Missouri Knows No Bounds...

This is a classic case of elastic exemptions...

Cape Girardeau County will not provide any material requested in two Sunshine Law requests from the Southeast Missourian because much of the material relates to possible lawsuits, Prosecuting Attorney Morley Swingle said Monday.

As part of the denial, Swingle declined also to release the names, rates of pay or reasons for hiring outside counsel for any litigation or providing legal advice. In declining that part of the request, Swingle wrote to the Southeast Missourian that it could jeopardize the attorneys' work product, information that is protected from disclosure by law.

The names and amounts the attorneys are paid will become public after their work is concluded, he said.

But a lawyer who advises the Missouri Press Association on the Missouri Open Meetings and Records Law, the official title of the Sunshine Law, said the names of lawyers under contract or on retainer are public records.

"That is open, absolutely," lawyer Jean Maneke said.

The Southeast Missourian made its first request for records April 25 as an article was being prepared about a closed meeting of the Cape Girardeau County Commission that dealt with attempts to discipline County Auditor David Ludwig. In the meeting, commissioners considered suspending Ludwig and, at one point, Ludwig was asked to resign. His attorney, Albert Lowes, has said the meeting dealt with Ludwig's accessing photos of actress Pamela Anderson on the Internet...

But wait! It gets better:

In an interview Monday morning, Swingle said he was advising the county to deny the requests because it related to a personnel matter. "Everything is related to litigation," Swingle said. "There is not a personnel matter that is not related to potential litigation."

Everything in the universe that is related to personnel is related to potential litigation. Wow...pretty much spells the end for scrutiny of public employees, eh?

More here.

Iowa Reforms Die A Sad, Sad Death...

Ah, the uphill battle that is FOI reform...

A proposed rewrite of Iowa's sunshine laws was unceremoniously dumped at about 1 a.m. Saturday, one of the final acts of the Legislative session.

Supporters of the bill are still trying to figure out what happened.

"It's disappointing, to say the least, that we didn't get that through," said Sen. Mike Connolly, D-Dubuque, one of the lead sponsors.

The Senate passed the plan late Friday and sent it to the House as part of a larger budget bill. After midnight, the House then amended the bill to delete any changes to the sunshine laws. It was the last bill of the session.

House Majority Leader Kevin McCarthy, D-Des Moines, said in a statement Monday that he decided not to go forward with the measure because Republicans threatened to use stall tactics to force an all-night debate unless the item was removed. He said he hopes to see progress on the issue next year.

Connolly, who had no forewarning of the House's action, said the bill's demise is a victory for opponents of open government.

"There's pressure coming from places that we're not seeing," he said.

The main opponents were local governments, represented by groups like the Iowa League of Cities. Local government leaders had concerns that the proposed rules would lead to a flood of open-records requests and investigations of alleged violations of the law. Republicans shared many of those concerns.

A previous version of the bill passed the Senate on April 14. The 50-page bill was an attempt to improve openness in government by fixing a long list of loopholes in current law. The bill called for the creation of a new panel, the Iowa Public Information Board, to enforce the new rules.

More here.

FOI At Work: The Times on Immigration Detention Deaths

A great example of FOIA at work:

Word spread quickly inside the windowless walls of the Elizabeth Detention Center, an immigration jail in New Jersey: A detainee had fallen, injured his head and become incoherent. Guards had put him in solitary confinement, and late that night, an ambulance had taken him away more dead than alive.

But outside, for five days, no official notified the family of the detainee, Boubacar Bah, a 52-year-old tailor from Guinea who had overstayed a tourist visa. When frantic relatives located him at University Hospital in Newark on Feb. 5, 2007, he was in a coma after emergency surgery for a skull fracture and multiple brain hemorrhages. He died there four months later without ever waking up, leaving family members on two continents trying to find out why.

Mr. Bah’s name is one of 66 on a government list of deaths that occurred in immigration custody from January 2004 to November 2007, when nearly a million people passed through.

The list, compiled by Immigration and Customs Enforcement after Congress demanded the information, and obtained by The New York Times under the Freedom of Information Act, is the fullest accounting to date of deaths in immigration detention, a patchwork of federal centers, county jails and privately run prisons that has become the nation’s fastest-growing form of incarceration.

More here.

Sticker Shock Over Fees In Missouri

A database that was about $500 is now...$28 million?

The Missouri Department of Revenue plans to charge more than five times what it is currently asking the public to pay for driving records under a plan that news media outlets say violates state law.

Under the policy set to go into effect May 1, the Department of Revenue will raise the cost for each driving record to $7 from $1.25. It also will exponentially increase the fees charged to those requesting records in bulk, including news media outlets.

The records contain information on licensing and driving convictions for Missouri motorists. Residents can request the records of any licensed driver to check whether a license has been revoked or someone has been convicted of drunken driving, for example. The release of personal information is limited by state and federal law.

Department of Revenue officials have said the agency needs to increase fees to recover its costs for providing the information.

More here.

World Press Freedom Study...

The study itself is here...

A new worldwide poll finds widespread support for freedom of the press and strong opposition to government restrictions on Internet access. Although most publics surveyed believe the media in their countries should have more freedom, those polled in Russia and many Muslim countries think their leaders should be able to regulate news coverage they consider politically destabilizing.

WorldPublicOpinion.org is releasing the new 20-country poll in advance of World Press Freedom Day on May 3. The survey, which includes 18,122 respondents, is one of a series conducted by WPO this year to commemorate the 60th anniversary of the Universal Declaration of Human Rights. Article 19 of the declaration states that everyone has the right to “receive and impart information and ideas through any media.”

WorldPublicOpinion.org is a collaborative project managed by the Program on International Policy Attitudes at the University of Maryland that involves research centers around the world. The countries studied represent about 59 percent of the world’s population and include China, the United States, Russia and India. Not all questions were asked in every country.

Majorities in all but two of the countries polled say “people should have the right to read whatever is on the Internet.” This includes seven out of ten in China, where the government has imposed restrictions on Internet access. Overall, 60 percent of those polled favor the right to full access.

Only a third of those polled around the world (32%) say the government “should have the right to prevent people from having access to some things on the Internet.” Jordan is the only country where a majority (63%) favors such restrictions, though a plurality of Iranians agree by a margin of 44 percent to 32 percent.

The broader principle of press freedom gets even wider support. Majorities in all countries polled consider it important for the “media to be free to publish news and ideas without government control.” An average of 82 percent say this is important, including 53 percent who consider it very important. Similarly majorities in all of the countries or an overall average of 79 percent say that people in their country should “have the right to read publications from all other countries including those that might be considered enemies.”

“The principle that the media should be free of government control receives robust support from all corners of the world,” said Steven Kull, director of WorldPublicOpinion.org. “With few exceptions, people think that the Internet should be free of government control as well.”

Majorities in ten nations polled think that the media in their country should have more freedom: Mexico (75%), Nigeria (70%), China (66%), South Korea (65%), Egypt (64%), the Palestinian Territories (62%), Azerbaijan (57%), Jordan (56%), Indonesia (53%) and Peru (51%). In no country does more than one in three favor giving the media less freedom. On average across all nations polled, 50 percent say they would like their media to have more freedom, 14 percent less freedom and 31 percent the same amount.

The biggest area of controversy is over whether the government should have the “right to prevent the media from publishing information that it thinks will be politically destabilizing.” In the majority of countries the dominant view is that it should not and on average 55 percent have this view.

However, in six-majority Muslim countries plus Russia substantial numbers think the government should have the right to restrict politically sensitive information. Majorities favor government controls in Jordan (66%), the Palestinian Territories (59%), and Indonesia (56%) while a plurality does in Iran (a plurality (45 to 31%). Views are evenly divided in Egypt, Turkey and Russia.

But this does not mean that these publics favor greater government regulation. In four of these countries, majorities think the media should have more freedom: Egypt (64%), the Palestinian Territories (62%), Jordan (56%) and Indonesia (53%). In the others, most want the media to have the same amount or more freedom, with only small minorities saying it should have less: Iran (9%), Russia (17%), Turkey (30%) and India (32%).

The countries included in this study are China, India, the United States, Indonesia, Nigeria, Russia, Argentina, Azerbaijan, Britain, Egypt, France, Iran, Jordan, Mexico, Peru, Poland, South Korea, Turkey, Ukraine, and the Palestinian Territories. Polling was conducted between January 10 and March 20, 2008.

Secrecy Pops Up In The Strangest Places...

Like the TriCity Animal Control operation in Washington State...

The state Court of Appeals, in an opinion that could affect record-releasing policies of animal control operations across the state, has ruled Tri-City Animal Control acts as a public agency and is subject to the Public Disclosure Act.

The decision stemmed from a 2005 case in which Leonora Clarke of Kennewick requested euthanasia logs from Tri-City Animal Control.

Animal Control denied Clarke's request for the records, claiming it didn't have to comply with public records laws because it wasn't a public agency.

Clarke sued Tri-City Animal Control and the Tri-City Animal Control Authority -- an interlocal cooperative of Pasco, Kennewick and Richland that administers the animal control contract for the cities.

Superior Court Judge Cameron Mitchell dismissed Clarke's case, concluding Tri-City Animal Control wasn't a public agency.

Clarke appealed, and the Appeals Court reversed Mitchell's decision.

"... (W)ere we to conclude that TCAC is not a functional equivalent of a public agency, we would be setting a precedent that would allow governmental agencies to contravene the intent of the PDA and the Public Records Act by contracting with private entities to perform core government functions," Appeals Court Judge Debra Stephens wrote.

...Clarke's request was in line with concerns he had about how Tri-City Animal Control kills animals.

Animal control contractors should document the animal's identification number, the date of the euthanasia, initials of who administered the drugs and the dosage used, he said.

"The purpose of obtaining the records is to really see what's going on when these animals are being killed using public moneys," Karp said.

Seems reasonable enough to me.

Propaganda, Anyone?

Anytime anyone in government says that they are going to give you the news...you should reach for your wallet.

The Pentagon is setting up a global network of foreign-language news websites, including an Arabic site for Iraqis, and hiring local journalists to write current events stories and other content that promote U.S. interests and counter insurgent messages.

The news sites are part of a Pentagon initiative to expand "Information Operations" on the Internet. Neither the initiative nor the Iraqi site, www.Mawtani.com, has been disclosed publicly.

At first glance, Mawtani.com looks like a conventional news website. Only the "about" link at the bottom of the site takes readers to a page that discloses the Pentagon sponsorship. The site, which has operated since October, is modeled on two long-established, Pentagon-sponsored sites that offer native-language news for people in the Balkans and North Africa.

Journalism groups say the sites are deceptive and easily could be mistaken for independent news.

"This is about trying to control the message, either by bypassing the media or putting your version of the message out before others (and) … there's a heavy responsibility to let people know where you're coming from," says Amy Mitchell, deputy director at the Project for Excellence in Journalism. A disclosure on a separate page "isn't something most people coming to the site are likely to see."

Pentagon officials say the sites are a legitimate and necessary way to promote U.S. policy goals and counter the messages of political and religious extremists. They also note that the United States and its allies have been outgunned in the battle to get information to audiences in Iraq and elsewhere.

"It's important to … engage these foreign audiences and inform," says Michael Vickers, the assistant secretary of Defense in charge of special operations and stabilization efforts. "Our adversaries use the Internet to great advantage, so we have the responsibility of countering (their messages) with accurate, truthful information, and these websites are a good vehicle."

The Mawtani site is named for the Iraqi national anthem and means "my homeland." It is available in Arabic, Farsi and Urdu — but not in English — and is supervised by the Pentagon's Iraq command.