Knight FOI Fund case compels public records release in upstate NY

from NFOIC.org:

COLUMBIA, Mo. (January 27, 2011)—A New York judge, ruling in a case supported by a Knight FOI Fund grant, has ordered disclosure of records sought by a Web publisher and a community activist regarding a volunteer fire company.

But in the same 13-page ruling, Warren County (NY) Supreme Court Judge David B. Krogmann held that many of the meetings of the Chestertown Volunteer Fire Company are of a "social" or "private nature," and are not subject to the state's Open Meetings Law.

June Maxam, editor and publisher of The North Country Gazette, and Christine Hayes, a deputy zoning administrator and assistant assessor for the Town of Horicon, NY, who represented themselves in the lawsuit filed on September 15, indicated that they planned to appeal the ruling.

Noting that they had represented themselves and therefore had no attorney bills, Judge Krogmann also declined to award the two women reimbursement for their legal fees and expenses. As offset for the fee reimbursements Maxam and Hayes had sought, Krogmann ordered that copying charges for the records being sought be waived. Maxam disputes the judge’s finding that she and Hayes incurred no legal bills.

Open government advocates expressed dismay over portions of the ruling, although Maxam and Hayes will be getting the records that were at the heart of the legal case after Krogmann completes an in camera judicial review to allow redaction of exempt, personal or private information..

"If they choose to appeal as they say they will, I hope some member of the New York bar who believes in open government will step forward and aid these petitioners in their important legal battle," said Kenneth F. Bunting, executive director of the National Freedom of Information Coalition (NFOIC).

"I know that finding volunteer legal representation is especially difficult when a judge has already ruled against granting fees and expenses. But there is much more at stake here than just a community squabble," Bunting added.

"It seems that the court did not thoroughly consider the breadth of the decision rendered by the state's highest court more than 30 years ago," said Robert J. Freeman, executive director of the New York State Committee on Open Government, a division of the Secretary of State's office that issues advisory opinions on open government matters.

Referring to a 1980 state Court of Appeals ruling in a case called Westchester Rockland Newspapers Inc. v. Kimball, Freeman added: "Based on that [Westchester] decision, it has been our view that meetings of volunteer fire companies are subject to the requirements of the Open Meetings Law."

Read the rest here.

NY union to appeal release of teacher rankings

from All Headline News:

Teachers in New York plan to appeal a court decision allowing the state education department to release their names and rankings, citing privacy and flawed data.

The United Federation of Teachers will seek a review of the ruling of State Supreme Court Judge Cynthia Kern on the release of performance reports of 12,000 teachers.

Kern issued her decision on Monday, saying, "It was not arbitrary and capricious for the DOE to find that the privacy interest at issue is outweighed by the public's interest in disclosure."

Read the rest here.

NFOIC awards Knight FOI Fund litigation grant in New York public records suit

from NFOIC.org:

COLUMBIA, Mo. (September 28, 2010)—A news website publisher in upstate New York and a citizen open government activist have been awarded a litigation grant from the Knight FOI Fund to press a legal action against a volunteer fire company.

According to a complaint filed in the Warren County (NY) Supreme Court, the Chestertown Volunteer Fire Company continues to insist it is not subject to New York state’s Freedom of Information Law (FOIL) and Open Meetings Law (OML), despite repeated requests for records and meeting access by the plaintiffs in the case, and an advisory opinion issued in June by the state’s Freedom of Information Committee.

The $2,000 litigation grant was announced by the National Freedom of Information Coalition (NFOIC), which administers the Fund that was created by the John S. and James L. Knight Foundation. The grant was the first awarded for a New York case since the Fund was established in January.

Read more here.

Media Organizations Lobby to Quash Certain E-mail Disclosures

John Cook, a senior national reporter and blogger for Yahoo! News, is miffed at The Associated Press for what he says appears to be collaboration with the government to deny a New York Freedom of Information Law request that seeks e-mails between New York Gov. David Paterson's former communications director, former press secretary, and various news organization representatives. Cook reports the Hearst Corporation objected to the release of the e-mails on grounds that confidential sources could have been revealed in the e-mails.

Cook claims David Schulz, a media attorney in private practice, had been making inquiries whether New York's journalist shield law could serve as a possible justification for denying the FOIL request. Cook quotes Lucy Dalglish of the Reporters Committee for a Free Press as describing the government's invocation of the shield law to protect a journalist's sources as "an almost comical inversion of the law's intended purpose -- to protect journalists from the government."

Read more here.

"Limiting Knowledge in a Democracy" Social Research Conference Rescheduled

The New School's Social Research Conference "Limiting Knowledge in a Democracy" has a rescheduled date, May 27, 2010, after heavy snowfalls canceled February sessions. The event features award-winning journalists, distinguished scholars, and policy makers who will examine how the U.S. government and other political and cultural institutions distort or affect the flow of information. Anthony Romero will speak.

For more information, click here.

Judge Orders NYPD to Release Racial Data of Persons Under Police Gunfire from 1997 to 2006

Ruling on a case filed by the New York Civil Liberties Union in 2008, Manhattan Supreme Court Justice Joan Madden ordered the NYPD to turn over the racial breakdown of all people shot at by police officers between 1997 and 2006.

The NYPD had agreed to release racial breakdown of those injured by police gunfire, but not data about those who were shot at but not hit.

For more information, click here.

NY Sheriff's Office Charges for Inaccurate Records

The Onondaga County Sheriff's Office in New York has found itself amidst a bit of controversy after a retired state trooper was denied a job as a volunteer mentor in Syracuse schools because the county sheriff's background check turned up a 33-year-old arrest for shoplifting, even though the case was forever sealed by a judge.

The Sheriff's Office admits that its records rarely show the court disposition of charges. In addition to being inaccurate, the records cost $10 to obtain. Robert Freeman, executive director of the state Committee on Open Government says the Sheriff shouldn't charge for these public records, except for copying costs.

For more information, click here.

Data reveals summer spike in NYC homicides

FOI at Work!
Two University of Missouri graduates Jo Craven McGinty and Brian Hamman, are working on the New York Times' analysis of murder rates. The information was compiled from open records requests from the New York Police Department, and a searchable database is now available to readers.

There were more homicides in September than in any other month last year: 52. Next highest was August, with 51. Variations, of course, exist. There were 48 homicides last March, for instance.

Still, the prime time for murder is clear: summertime. Indeed, it is close to a constant, one hammered home painfully from June to September across the decades. And the breakdown of deadly brutality can get even more specific. September Saturdays around 10 p.m. were the most likely moments for a murder in the city.

More here.

FOIA used to obtain photos of plane without wheel

FOI at Work
WIVB News 4 in Buffalo, N.Y. obtained photos of a Colgan Air plane that lost a tire when landing on May 12 via an FOIA request. The FAA report also indicated that a passenger had notified a flight attendant about smoke coming from the wheel but the cockpit crew wasn't told about the safety concern.

News 4 has obtained exclusive photographs of the Colgan Air plane that lost a tire when it landed in Buffalo on May 12. The photographs were obtained through a Freedom of Information Act request to the Federal Aviation Administration.

The photos show the extent of damage to the wheel and brake assembly. A News 4 Investigation recently uncovered new information. An FAA report obtained by News 4 indicates that the cockpit crew had no idea that there was a problem after take-off from New Jersey. A passenger, according to the FAA report, notified a flight attendant that he saw smoke coming from the “wheel” in question.

More here.

Paterson veteos N.Y. Sunshine Law amendment

New York Gov. David Paterson vetoed a bill that would have allowed judges to fine public agencies for violating the state open meetings law and to invalidate votes and actions taken in those behind-closed-doors meetings, the AP reported. Paterson said he vetoed the bill because it allows for civil penalties to be imposed on local governments, meaning that taxpayers would bear the burden.

New York Gov. David Paterson has vetoed legislation that would have allowed judges to fine school boards, municipal councils and other public bodies up to $500 for violating the state open meetings law.

The measure, which passed the Assembly 142-1 and the Senate by voice vote, would have amended the so-called "Sunshine Law" law that allows judges to invalidate for "good cause" votes or actions taken behind closed doors.

The law is meant to ensure deliberations and decisions are public, with exceptions for personnel matters, litigation, contract negotiations and secret police activities. Formal votes to spend public money must be done in public.

More here.

NY Assembly honors Sunshine Week with nine-bill package

The New York Assembly introduced a nine-bill package that would, among other things, permit the recording of public meetings (provided that it is not done in a disruptive way), the North Country Gazette reported. It would also direct agencies to accept public record requests sent via e-mail.

The Assembly says it will honor “Sunshine Week” by passing a series of bills aimed at strengthening the state’s Open Meetings Law, increasing government transparency and ensuring compliance with Freedom of Information laws.

The nine-bill package is intended to promote public awareness of governmental actions and information as the best way to foster better government through increased openness and accountability. Action on the legislation coincides with the annual Sunshine Week, March 15-21, when media around New York State and throughout the country run editorials, columns, cartoons, public forums and news and feature stories that drive public discussion about why open government is important to everyone, not just journalists.

One of the bills would allow any meeting of a public body to be recorded, broadcast and photographed, provided that it is done in a way that is not disruptive to the meeting. Destito noted that technological advances make it possible to record the proceedings of a meeting without detracting from the deliberative process.

More here.

Nearly $130,000 for 13 days of work?

FOI at Work!
The Times Union in Albany, N.Y., used an FOI request to uncover that the police union president only worked 13 days in 2008. Many of those days were holidays, when the city had to pay him time and a half plus regular pay. When he's away on union business, the city must pay a replacement commander overtime.

Thirteen days.

That's the number of days police union President Lt. Robert Hamilton worked for the city in 2008 when he grossed $129,908 with overtime and retroactive pay, according to city financial records obtained by the Times Union under a Freedom of Information request.

Hamilton spent most of the rest of his time on union business, according to department attendance sheets. Police officials have previously said an officer at the top of the pay scale earned, on average, about $10,000 in back pay resulting from last year's contract settlement, which is included in Hamilton's gross earnings.

More here.

Bed bugs multiplying in NY

FOI at work!
FOI request filed by "New York vs. Bed Bugs" confirms that complaints about the insects have numbered more than 9,000.

The bedbug policy advocacy group "New York vs Bed Bugs" had to file a Freedom of Information request to get the city to confirm what everyone already suspected: New York's bed bug population is booming! The group says there were more than 9,200 bed bug complaints to the city's 311 line last year, a 34% jump over 2007. The hottest neighborhoods for bed bugs right now are found in central Brooklyn, northern and eastern Bronx, midtown Manhattan, eastern Queens, and the north shore of Staten Island, the Daily News reports. In an attempt to turn the tide, the City Council will consider bills next week that would ban the sale of used mattresses, train exterminators, and force city agencies to develop a united strategy. Last month the Times called for a bed bug task force to focus on the resilient bastards, noting that "there are a lot of agencies that do a little about bed bugs, but nobody that can help with the whole shebang."

More here.

Also, "New York bedbug complaints increase 34% in a year" by NY Daily News, here.

NY Daily News compiles list of city's top overtime employees

With more than $100,000 in overtime pay, several city employees are making more than the mayor, the NY Daily News reported.

The lean times have yet to catch up with city government's bonus babies - scores of workers are still racking up hefty six-figure overtime.

The king of New York overtime remains Pablo Martinez, a Board of Elections senior systems analyst who scored $144,768 in overtime last year. He has been top overtime dog for several years.

Adding his base pay of $91,210, Martinez made $235,978. Not exactly A-Rod money, but it's still almost $11,000 more than the mayor's official $225,000 salary.

More here.

Poynter: Journalists should give reasons for publishing gun permit lists

Al Tompkins of the Poynter Institute wrote in his daily column that journalists should not publish databases, such as gun permit databases, just because they are public records. Journalists should explain why they are publishing it, he said. Gun supporters have argued against the publication of these records for years, and Tennessee is considering making such publication a felony.

The Tennessee legislature is considering legislation that would make it a felony to publish the state's concealed carry gun permits [PDF].

For the last 10 years, gun backers in that state have bragged that permitted gun carriers aren't ever charged with gun crimes. That changed this week when a Memphis area man who had a permit and a gun shot another guy and was charged with second degree-murder.

The Commercial Appeal in Memphis proceeded to post the state's concealed carry permit list, and now gun backers are pitching a fit.

More here.

Auburn tries to protect workers who stole city equipment

The Post-Standard's FOIA request for the names of Auburn, N.Y., city employees who stole $10,000 of city property has been denied. The city attorney claims the names are considered part of a criminal investigation and therefore are exempt. However, that excuse does not seem to fall within one of the 10 exemptions laid out in the law, the Post-Standard maintains. Perhaps most suspicious is that the city promised the workers anonymity and their jobs in return for the stolen tools and equipment.

The city of Auburn appears to have violated the law in refusing to release the names of workers on the city payroll who stole $10,000 worth of city tools and equipment.

The sticky-fingered workers were promised anonymity and told they could keep their jobs if they returned the stolen property.

But under the state Freedom of Information Law, the public appears to have a clear right to their identities. Courts have ruled that the law trumps any promise of anonymity.

More here.

Records show nearly every Long Island Rail Road employee gets disability pay

The New York Times analyzed federal records to find that practically ever L.I.R.R. employee, even those with desk jobs, applied for and received disability pay. Apparently, most are able-bodied until they retire. However, the Railroad Retirement Board rarely rejects a disability claim.

To understand what it’s like to work on the railroad — the Long Island Rail Road — a good place to start is the Sunken Meadow golf course, a rolling stretch of state-owned land on Long Island Sound.

During the workweek, it is not uncommon to find retired L.I.R.R. employees, sometimes dozens of them, golfing there. A few even walk the course. Yet this is not your typical retiree outing.

These golfers are considered disabled. At an age when most people still work, they get a pension and tens of thousands of dollars in annual disability payments — a sum roughly equal to the base salary of their old jobs. Even the golf is free, courtesy of New York State taxpayers.

With incentives like these, occupational disabilities at the L.I.R.R. have become a full-blown epidemic.

More here.

UPDATE: Agents raid office in L.I.R.R. Disability Inquiry; The New York Times

FOI at Work: School cafeterias not meeting inspection requirements

School cafeterias are required to obtain two annual inspections or risk losing funding from the National School Lunch Program. But only 12 states are reporting 90 percent or more of their schools in compliance, according to the Agriculture Department.

Nearly two-thirds of schools in New York state are not receiving the twice-yearly health inspections required by federal law to curb food poisoning, making the state among the nation's worst offenders.

Compliance is even lower in Monroe County, where almost eight in 10 schools were not inspected twice in the 2006-07 school year, the most recent on record at the state Education Department. One in four were not inspected at all.

Meanwhile, inspection reports reviewed by the Democrat and Chronicle showed that one in five public school cafeterias in Monroe County failed to meet health standards in the last two years.

More here.

Use of city's take-home cars remains secret

The Journal-News requested data on the use of take-home cars provided to Yonkers, N.Y., municipal employees. But city officials say the data is not public record and would be too difficult and time-consuming to extract.

City Hall officials maintain that the city keeps no records that they are required to show the public on how take-home vehicles issued by the city to 194 municipal employees are used.

The Journal News requested records of the amount of gasoline used and the miles driven by employees with the city-owned vehicles dating to 2003. The newspaper made the request under the state's Freedom of Information Law.

"Please be advised that no individualized records exist," wrote city Records Access Officer Eric Arena last month, responding to a May 9 request for information.

More here.

FOI at work: Taxpayer money used to fund trips

While it may be common to question whether politicians really make taxpayer-funded conferences worthwhile, The Journal News uncovered that citizens of White Plains, N.Y., are also funding travel for an unpaid adviser.

An unpaid adviser to the Westchester County board isn't so unpaid - taxpayers were billed for his trips to destinations like Hawaii, Chicago, Kansas City and Scotland.

Herman Geist, an adviser to Board of Legislators Chairman William Ryan, is also equipped with a BlackBerry, bringing his total expenses to $13,270 over four years, according to records obtained under the state Freedom of Information Law.

That money is in addition to nearly $150,000 in travel, cell-phone and transportation costs incurred by the 17-member county board since 2003 - including $54,968 for legislators to attend various conferences and events.

More here.