Great column on New Jersey FOI reform effort

A nice look at New Jersey sunshine reforms by Ron Miskoff, president of the New Jersey Foundation for Open Government, here:

The latest, if not the last, episode of corruption in New Jersey's political class has politicians of all stripes scurrying for ways to demonstrate that they are not part of a problem.

They have statements on this, committees on that and postures on the other thing. But it's difficult to put much faith in reforms that start only when television lights go on.

There's a common link between black-market livers and cash sandwiches, between back-channel approvals and parking-lot deals. They all happen in the dark. A culture of corruption takes hold behind closed doors, during private meetings in back rooms.

Well before the current hubbub, state Sen. Loretta Weinberg (D-Bergen) introduced legislation to update the state's Open Public Meetings Act, the Sunshine Law.

Suggestions for Office of Government Information Services reforms arise in congressional hearing

Activists stressed the importance of the Office of Government Information Services continuing to serve as independent mediator in FOIA disputes.

Open-government advocates renewed their calls Wednesday for quick implementation of the latest Freedom of Information reforms, including the establishment of an ombudsman office.

Congress has appropriated $1 million for the Office of Government Information Services but the money will not be available until the next fiscal year. The reforms were slowed by Bush administration efforts to move the new office from the National Archives, where Congress placed it in legislation last year, to the Justice Department.

As a result, the National Archives has yet to get the office up and running.

More here.

Miss. Ethics Commission's first ruling favors openness

In first decision since it was created to "mediate disputes over open meetings and public records" rulings, the Mississippi Ethics Commission decided that a blogger was entitled to redacted police polices. The city attorney's office had denied James Hendrix's request for two initial police incident reports on the kidnapping of Elizabeth Hall and homicide of Heather Spencer, both on Sept. 11, 2007. Officials had argued that the documents were exempt from open records laws.

In its first ruling since gaining new authority, the Mississippi Ethics Commission has ruled a private citizen is entitled to redacted Jackson police initial incident reports involving George Bell III in the slaying of his ex-girlfriend.

"We came down on the side of openness," Ethics Commission Executive Director Tom Hood said of the first advisory opinion in a records dispute.

In May, Gov. Haley Barbour signed the legislation into law, and it was later cleared by the U.S. Department of Justice giving the Ethics Commission authority to mediate disputes over open meetings and public records and issue rulings or opinions based on the law.

More here.

Read our blog post on the decision to create the ethics commission here.

Tennessee joins number of states adjusting public records fees

Tennessee open records officials hope a hearing on Friday will lead to an outline of public records fees that strikes a balance between the concerns of those who file requests and those who fill requests. In addition to the actual duplication costs, the meeting is also expected to address charges for labor spent responding to requests.

Open records officials seeking to complete a fee schedule for records requests say a public hearing on Friday will help in trying to make sure all parties involved in the process are treated fairly.

Officials want input on proposed charges for duplicating public records. Right now they are proposing 20 cents for each standard black and white copy and 50 cents for each color copy.

The Office of Open Records Counsel is required to develop the schedule following legislation last session that updates the state's open records law. Those updates are the result of a reform initiative following the 2005 Tennessee Waltz corruption sting that led to convictions of five former state lawmakers.

More here.

N.C. Reforms Move On...

A Senate committee on Tuesday gave its approval to a bill that open government supporters say would put some teeth in the state's public records law.

The bill, introduced by Sen. David Hoyle, D-Gaston, would require governmental bodies to pay the legal fees of parties that win public records lawsuits against the government.

"Very few people can afford to litigate these days," said Sen. Tony Rand, D-Cumberland, in support of the bill.

The bill would also create a new open government unit within the Department of Justice that would be responsible for the education and mediation of public records and open meetings law issues.

The committee approved the bill after it defeated an amendment by Sen. Dan Clodfelter, D-Mecklenburg, that would have stripped the legal fee requirement from the bill. Clodfelter argued that judges are already allowed to assess fees under a law negotiated three years ago.

"What I don't like about the bill is that it's going to be thrown out the window now," Clodfelter said about the three-year-old law.

More here.

Department of Meaningless Vetoes...

Rhode Island Gov. Don Carcieri has vetoed 36 bills, including those dealing with releasing public records, distributing medical marijuana and expunging criminal records, his office said Thursday.

Carcieri sent the bills back to the General Assembly, where Democrats hold a veto-proof majority. Larry Berman, a spokesman for House Speaker William Murphy, said House and Senate leaders would meet in the next few weeks to decide what to do. They have until the beginning of the next session in January to try to override any vetoes.

Several of the three dozen bills Carcieri vetoed on Wednesday were duplicate versions from the House and Senate.

Among them was a bill to make the first major changes to the state's open records law. The proposed law would decrease the time that public agencies have to respond to requests for public records, from 10 days to seven. It also says police must release basic information about an arrest within 24 hours and orders that police release narratives of arrest reports within seven days.

Carcieri said some of that information could compromise public safety. He also said it wasn't practical to have to release information about arrests within 24 hours because, for example, an arrest could happen on the weekend when it could be difficult to accurately identify a person.

More here.

In Delaware, Looking for a Few Backbones...

As dawn broke this morning, the sun set on efforts to shed more light on the workings of state government in Delaware.

As lawmakers adjourned the 2008 session, bills that would have made the legislature subject to the state's Freedom of Information Act and made it easier for citizens to challenge the withholding of records or holding of closed-door meetings died of inaction.

"We didn't get open government bills passed, so we didn't do right by the public," said Sen. Charles Copeland, R-Greenville.

Copeland and other Senate Republicans had pledged before the session began that they would work to make government more transparent. He noted that many open government bills languished and died in the Senate executive committee, chaired by president pro tem Thurman Adams, D-Bridgeville.

"There are powerful members of the committee on his side of the aisle," Copeland said.

But Democrat Karen Peterson of Stanton blamed Republicans for holding up efforts to make the legislature transparent.

With her bill to make the legislature subject to the Freedom of Information Act bottled up in Adams' committee, Peterson launched a petition effort to have it released from committee. Her effort to get the required 11 signatures failed.

"Every year I hope we get 11 people who have backbones, but it doesn't happen," she said.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.