Jindal vetoes bill opening oil leak records

Gov. Bobby Jindal late Friday vetoed a bill that was overwhelmingly approved by the Louisiana Legislature and would have made public records related the BP Deepwater Horizons oil rig disaster.

Jindal wrote in his veto message that he thought allowing the public to see the records might undermine the state’s legal position.

State Sen. Robert Adley, who added the provision to House Bill 37 on the Senate floor, unsuccessfully attempted to open more records that Jindal currently keeps secret.

Read more here.

La. governor's schedule still secret under new law

A Louisiana bill passed last week opens up some of the governor's documents previously exempted but still keeps most information under wraps, the AP reported. Sen. Robert Adley of Benton said the legislation doesn't improve access to the governor's records but takes the state "from sunshine to moonshine." The Times-Picayune of New Orleans and The Advocate of Baton Rouge editorialized against the bill which shields for six months some budget-related documents that were considered public record under the current law. The signed bill will allow some documents concerning the governor's travel to be public but will keep his schedule secret.

A bill that opens some but not all of the governor’s records to public scrutiny won final legislative passage in the Senate last week after weeks of debate and negotiations in which Gov. Bobby Jindal’s allies deflected efforts to make his schedule public or preserve his documents for the archives.

The bill, S.B. 278, will keep out of the public eye any governor’s office documents related to the “deliberative process” or intra-office communications among his top staffers. And it puts budgetary advice that state departments submit to the governor off-limits for six months.

Jindal pushed the bill as an alternative to others aimed at lifting a decades-old exemption the governor’s office has enjoyed from the state open-records law. The Senate voted 28-8 on June 24 to approve the bill that had already passed the House. The president of the Senate and the speaker of the House signed the measure June 25.

More here.

La. governor backs loosely drawn bill

Opponents of the open records bill recently approved by the Louisiana Senate say the measure could cause more harm than good, the AP reported. Gov. Bobby Jindal approves of the bill, which is not as strong as previous versions and protects records relating to the "deliberative process" of the governor and his "internal staff."

Louisiana's Senate has approved legislation aimed at making more of the governor's records public but an opponent says the bill contains a loophole keeping many documents secret.

Gov. Bobby Jindal backed the bill, approved Wednesday, as an alternative to another measure that would have made the governor's office subject to the same open records law as other state agencies.

The bill, which goes next to the House, keeps under wraps records relating to the "deliberative process" of the governor and his "internal staff."

More here.

Jindal approves failure of La. public records bill

A Louisiana House bill that would have removed an exemption that allows executive staff of the governor's office to keep records private failed 12-5, the Times-Picayune reported. Gov. Bobby Jindal's administration says it's not the concepts but the details that he disagrees with. His administration says it will back a similar Senate bill which provides more shielding on certain records.

With the backing of Gov. Bobby Jindal, a House committee killed a bill that would have opened nearly all records of the governor's executive office to public inspection, a move that the legislative sponsor said would bring real transparency to a state that touts the concept.

A similar bill passed overwhelmingly out of the same panel last year with little fanfare, far from the 12-5 defeat that Rep. Wayne Waddell, R-Shreveport, suffered today. Last year, his bill languished much later in the session after the Jindal administration got more active, saying it supports increased access to records but not in the manner Waddell wants.

The vote came a few hours after the Jindal administration effectively delayed action on another bill that would have expanded disclosure about the correlation between the governor's campaign contributors and his appointees to public posts. As with the records bill, the administration says the disagreement is not in the concept but in the details.

More here.

Anticipated bill would open La. governor's records

When WWL-TV requested Louisiana Governor Bobby Jindal's 2008 calendar, his office said the state Constitution protects that data as well as his letters, e-mails and writings. An anticipated bill would change that. Jindal opposed a similiar bill last year, but public pressure may prevent that from occuring this year.

A bill that would make more of Governor Bobby Jindal’s records available to the public is expected to be introduced at this year’s legislative session in Baton Rouge.

It’s similar to a measure that Jindal opposed last year, but one that some lawmakers say would put him on a level playing field with other elected officials who are required to respond to public records requests.

In January, Eyewitness News made a request for Jindal’s 2008 calendar, but his office rejected the request, saying that the Louisiana Constitution protects that information.

More here.

La. judge rules that two state offices violated public records law

A state district judge ruled that the Division of Administration and the Economic Development Department supplied insufficient records, the Shreveport (La.) Times reported. An attorney for the proposed Red Stick Studios requested records concerning how the movie credit law was changed in 2007 but only received a small portion of the available data. An appeal is expected.

Two top segments of Louisiana government violated the state's open records law by supplying insufficient records and not complying in a timely manner, a state district judge says.

The Division of Administration's and the Economic Development Department's "deliberate indifference and ineptitude rise to level of arbitrary and capricious," District Judge Janice Clark ruled late Monday night. That's the standard necessary for imposing sanctions on the agencies' heads — Commissioner of Administration Angele Davis and Economic Development Secretary Stephen Moret.

State attorney Pam Perkins responded to Clark's decision by saying "the Division of Administration respectfully disagrees with the judge's decision. We look forward to applying to the 1st Circuit" Court of Appeal as soon as a transcript of the 10-hour hearing is available.

More here.

New Orleans newspaper sues city for public records

The Times-Picayune newspaper has sued New Orleans for not fulfilling three records requests, the AP reported.

New Orleans' daily newspaper has sued the city, seeking various public records, including the credit card statements of city employees and the e-mails of city recovery chief Ed Blakely and Rica Trigs, head of the city library system.

The Times-Picayune filed the suit Tuesday in Civil District Court. The newspaper says the city has not fulfilled three separate records requests filed between May and December.

The newspaper also has intervened in a separate lawsuit that seeks to block the release of New Orleans Police Department records of internal investigations into police officers, including those involved in the New Year's Eve fatal shooting of Adolph Grimes.

More here.

La. prison system refuses to release inmate photo

The Shreveport (La.) Times requested a photo of a 73-year-old inmate at Louisiana State Penitentiary at Angola. The inmate, who once was a towering, 220-pound man, has apparently deteriorated, been ill and requested a clemency recommendation that would make him eligible for parole and early release. The Department of Corrections said it only releases inmate photos in cases where one escapes custody. They also are not allowing a photographer to visit the prison to photograph the inmate, though they have allowed photography of inmates in the past.

The request seemed simple enough: a current photograph of a Louisiana Department of Corrections inmate.

But what would ensue would be a series of e-mails, jockeying with DOC, a Freedom of Information Act request, and ultimately, no photo.

I had been working on stories about a 73-year-old inmate named Douglas Dennis, incarcerated at Louisiana State Penitentiary at Angola. In January, Dennis had sought a clemency recommendation from the state Pardon Board, which, if signed by the governor, would mean Dennis would be eligible for parole and early release from his two life sentences.

More here.

La. public records law exempts governor

Documents stemming from Gov. Bobby Jindal's office and documents he reviews from other offices are exempted from the Louisiana open-government law, the News Star reported. Despite Jindal's public support for transparency, the state's open records law related to the governor's office was ranked the "darkest" sunshine law in the nation by the Citizen Access Project.

While Gov. Bobby Jindal campaigned on and regularly promotes transparency in government at all levels, the same standards do not apply to his office.

Getting what one would think should be public records from the governor's office is virtually impossible under state law — a law that earns Louisiana a national survey's ranking of worst in the nation for access to the governor's records.

State law exempts the governor from having to release documents that are commonly accessible in other government offices. And through wording added by the Legislature last year, the protection could extend to any other office's document that the governor reviews.

More here.

N.O. mayor's e-mail, calendar deleted

The administration of New Orleans Mayor Ray Nagin was ordered to stop "destroying correspondence" after it was sued for deleting e-mail sent to and from the mayor and for deleting most of his 2008 calendar, The Times-Picayune reported. Apparently, the mayor's calendar was only kept in electronic format, and no e-mail or calendar information prior to June 30 can be retrieved. WWL-TV news anchor Lee Zurik filed a public-records request for the data in January and then filed suit. The Nagin administration says its server had capacity problems, which will be fixed.

Orleans Parish Civil Court Judge Rose Ledet delivered a stinging rebuke to Mayor Ray Nagin's administration Tuesday after learning that virtually all of the e-mail sent and received by Nagin last year and much of the information on his 2008 calendar have been erased in an apparent violation of the state public-records law.

Clearly disturbed by the revelation, Ledet ordered the Nagin administration to immediately halt the practice of "destroying correspondence" of the mayor and members of his executive staff.

The tense scene played out during a hearing in Ledet's court for a lawsuit filed against the Nagin administration by WWL-TV news anchor Lee Zurik, who sought the e-mail and calendar information in a public-records request filed in January.

More here.

FEMA drags its feet on, among other things, FOIA requests

The Times-Picayune is still waiting for FEMA to fill its FOIA request filed on Oct. 5, 2005. Mark Schleifstein requested expedited delivery of the records. He wrote, "The delayed disclosure of information necessary to improve future initial responses to hurricanes could threaten the life and physical safety of people living in the New Orleans area." If the loss of life isn't important enough to justify an expedited response, what is?

Last week, I got my annual letter from FEMA letting me know someone deep within the federal bureaucracy is "making an earnest and diligent effort" to fulfill the request for public records I filed on Oct. 5, 2005.

Among other things, I had asked for reports created by so-called "Rapid Needs Assessment Teams" that outlined the type and amount of help needed in communities affected by the storms -- food, water, housing, medical assistance. I sought to better understand the causes of FEMA's historically botched delivery of disaster recovery aid.

You may or may not be familiar with the intracacies of the federal Freedom of Information Act, but trust me on this: The public's right to access to government records lies at the core of what distinguishes freedom from tyranny. A government operating in secret is, by definition, doing citizens wrong.

More here.

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.

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.

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.

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.

Times-Picayune Sues NOLA Police

The Times-Picayune filed a lawsuit Friday against the New Orleans Police Department, alleging that the department has failed to provide a long list of public records requested by the newspaper and routinely delays the release of initial incident reports intended to promptly inform the public about crime in the city.

The suit, filed in Civil District Court, outlines six written requests for records made between Dec. 18 and March 4 by two reporters and an editor at the paper in accordance with the Louisiana Public Records Act. The case has been allotted to Civil District Judge Kern Reese, and a hearing is set for May 23.

Among the items sought by the newspaper:

-- Records showing the number of crimes committed in each police district.

-- Reports produced weekly by each district showing where various major crimes were committed.

-- A homicide log.

-- Statistics on arrests.

More here.

Bad Idea Watch: Secret Negotiations Between Industry and Govt in Louisiana?

Keep your eye on this popular new exemption, which seems to be about the worst idea in the history of policy making, especially in Louisiana, no stranger to the smoke-filled room...

A Senate committee advanced legislation Wednesday that would allow state government to continue to negotiate behind closed doors with businesses.

Economic Development Secretary Stephen Moret said the state stands to lose the opportunity to land thousands of new jobs if negotiations cannot be conducted in secret.

On large projects, businesses often require “an absolute commitment of confidentiality” because they are contemplating locations in multiple states, he said. Louisiana officials also do not want other states to know what incentives they are offering, he said.

“We’re in a competition that’s growing more and more challenging every day,” Moret told the Senate Committee on Commerce, Consumer Protection and International Affairs.

The panel approved the legislation without objection.

More here.

Times-Picyune FOIA Request to FEMA: 884 Days and Counting

From the Society of Environmental Journalists' excellent FOI newsletter:

Suppose there were a catastrophe and you needed information fast. Would you call FEMA?

If FEMA (the Federal Emergency Management Agency)'s performance under Freedom of Information Act is any measure, the journalists and the public could have zero confidence in getting timely warnings. Asking FEMA for information, it seems, is still the equivalent of calling for a lead life preserver.

Shortly after Hurricane Katrina destroyed much of New Orleans in Sept. 2005, triple-Pulitzer-winning reporter Mark Schleifstein of the New Orleans Times-Picayune filed a FOIA request with FEMA asking for specific records about how FEMA had responded to the disaster. The original request was filed Oct. 5, 2005.

Now, some 884 days later, Schleifstein is still waiting for the information.

Schleifstein had asked for records on the activation of "Rapid Needs Assessment Teams" for Hurricanes Katrina and Rita, the reports from those teams about populations and areas affected and their recommendations of help needed, and records of resulting actions.

And he had asked for "expedited" handling of his request.

Schleifstein told FEMA a response was needed quickly because the situation was "life-threatening." Without adequate levee protection, New Orleans and other Gulf areas were vulnerable to a Katrina repeat — and they urgently needed to know what kind of preparedness and response to expect from FEMA.

FEMA put Schleifstein on hold.

A year later, they wrote him to see if he was still interested in getting the information he had asked for. Schleifstein wrote back, saying "YES" (in capitals).

Another year went by, and FEMA wrote him again, asking if he still wanted the information. Schleifstein answered "YES" again in a Jan. 29, 2008, letter, adding:

"It is now 884 days since Hurricane Katrina hit New Orleans, flooding 80 percent of my community, killing more than 1,500 people. Last week, New Orleans Homeland Security Director Terry Ebbert, in an address to the American Meteorological Society, said he still has grave concerns about the ability of this nation's emergency preparedness preparations and their potential to respond to a Katrina repeat in New Orleans."