Iowa Senate Approves Subjecting Non-Profit School Board to Open Meeting Laws

The Iowa Senate voted to make the Iowa Association of School Boards subject to state openness requirements, applying open meetings and open records laws to a privately run association.

The move comes as a nonprofit school board is alleged to have inflated salaries and engaged in other questionable practices.

Read more here.

Is There Such a Thing as Too Much Sunshine?

In Arizona and Hawaii, efforts to shut down repeated open records requests renew the age-old debate whether requests should be limited so that government agencies can conduct business.

Readers of this blog know where we stand. The Congress Elementary School District's lawsuit against four women for harassment through records requests with repeated requests could have a chilling effect on democracy far beyond the small Arizona school district. Similarly, Hawaii's efforts to restrict the rights of a "vexatious requester" is equally disturbing.

Read more about these efforts here.

Cutting Off Rights to Records for "Vexatious Requesters"

Frustrated after receiving repeated requests for President Obama's birth certificate, the Hawaii House Judiciary Committee heard a bill permitting government officials to ignore so-called "birthers" who won't give up the claim that Obama is ineligible to serve as president because he doesn't meet constitutional requirements.

If the measure passes, the state Office of Information Practices could deem an individual a "vexatious requester" and restrict rights to government records for two years.

The Associated Press reports Rep. Cynthia Thielen (R-Kaneohe-Kailua) questioned, "Do we really want to be known internationally as the Legislature that blocked any inquiries into where President Obama was born?"

Attorney Peter Fritz suggested the state simply respond that it would only answer each person's request once, instead of passing a law to punish repetitive requests for open records.

Read more about SB2937 here.

Proposed Public Access Reform Draws Bi-Partisan Support

The Time for Transparency Act, which creates as timeline for government officials to respond to public records requests, has brought together some unlikely allies in support of the bill, including the conservative government watchdog group Maine Heritage Policy Center, the Maine Civil Liberties Union, the Maine Press Association, and both Republican and Democratic Lawmakers.

The proposal would require government officials to produce public records within 10 days of a request. Under current law, they are given five days to tell the requester whether the document sought is a public record. The bill would also allow people to request copies of public records by phone, and would allow a copies to be mailed if the requester pays for postage. The bill also proposes that every governmental body designate an existing employee to serve as a public information officer to oversee all public records requests.

The Maine Freedom of Information Coalition is not supporting the bill because of concern that the longer deadline would prolong the response time for information that is clearly public records.

Get more information here.

Hawaii Agency Testifies in Favor of "Vexatious Requester" Law

Hawaii's Office of Information Practices, a state Executive branch, testified in support of a bill that would give the agency authority to label certain requesters of state government "vexatious."

The Acting Director of the OIP Cathy Takase said state law does not permit an agency to ignore a records request "even where there may be a legitimate justification for not responding."

Proponents of the bill cite repeated requests to the Hawaii Department of Health for access to President Barack Obama's birth certificate, despite the fact that President Obama posted a copy of the certificate on his former campaign website.

Read more here.

Georgia State Law Professor Criticizes Proposed Legislation as "Haphazard"

Georgia State University law professor Jessica D. Gabel makes a cogent argument that the Florida legislature's efforts to pass the Meredith Emerson Privacy Act is short-sighted and misses the mark.

The bill would remedy the release of disturbing crime scene photos of the woman who was brutally killed while hiking with her dog in North Georgia in 2008. A true-crime reporter hired by Hustler magazine requested the photos of Emerson's nude and decapitated body.

Instead of expanding exemptions to Georgia's public records laws or enlarging the state's obscenity laws, Gabel suggests the Legislature consider a stand-alone law that prevents "the malicious, gratuitous or unethical use of such photos." The law professor continues, "Darkening Georgia's sunshine laws is a sacrifice, not the solution."

Read more here.

Sunshine Week Prompts Review of Missouri Sunshine Law

Three years ago, a study of state open records laws by the Better Government Association ranked Missouri 42nd, based on criteria such as response time and penalties for violating the law. Today, proposals in the state legislature aim to improve the state's ranking. Among the proposed measures is House Bill 1445, seeking greater compliance with the Sunshine Law by increasing penalties for violations and requiring earlier public notification about meetings.

Read more here.

Florida House Speaker Sidelines Proposed 911 Call Ban

Florida House Speaker Larry Cretul sidelined the so-called "Tiger Woods Relief Act," a bill to ban the release of 911 calls. Cretul said he not to push for the legislation after consulting with colleagues and media representatives. The move came on the first day of Sunshine Week and also comes after Gov. Charlie Crist said he would not sign the bill.

For more information, click here.

Fear and Speculation Spur Proposals to Limit Transparency

The Spokesman-Review opines the Idaho Legislature is working with the wrong presumption with respect to proposed laws aimed at creating additional public records exemptions.

Senate Bill 1346 would block the nutrient management plans for concentrated animal feeding operations, the feedlots where cattle are fattened before slaughter. The Idaho Cattle Association argues state inspection reports could contain trade secrets and other proprietary information.

House Bill 531 would keep secret the names of those receiving hunting and fishing licenses for fear that such information could be used to harass the license-holders.

As The Spokesman-Review argues, "Gutting public records law ought to be the last resort, not the first. These bills have it backward."

Read more here.

Florida House Committee Approves Bill to Ban Release of 911 Calls

The Florida House Governmental Affairs Policy Committee voted to approve a bill to block access to 911 recordings. The measure would allow access to only the transcript of emergency calls after a 60 day wait.

The Florida AP reports Gov. Charlie Crist has indicated he would not sign the bill, if passed by the state legislature.

Click here for more information.

Oklahoma Considers Withholding Information in Autopsy Reports

The Oklahoma House passed a bill that would amend the state's Open Records Act to allow the Office of Chief Medical Examiner to withhold certain information in an autopsy report when the manner of death is homicide, unknown or pending. Under the proposed measure, only when the information is available in court proceedings would the information become public.

The Oklahoma Press Association favors a measure that would balance law enforcement's need for time to investigate matters with the access to information for accurate reports in the media.

Click here for more.

Florida Bill Proposes Significant Public Records Reform

A proposed "Open Government Act" could make it easier to get public records in Florida. The result of Gov. Charlie Crist's Commission on Open Government, the measure would be a sweeping move toward transparency in government.

The Palm Beach Post reports the bill would:

• Require government officials to get training in open records and meetings.
• Bar agencies from charging for copies of records that take less than 30 minutes to duplicate.
• Prohibit agencies from charging for redaction of information that is personal in nature and exempt from public records laws and prohibit charging for any redaction fees of any records after Jan. 1, 2013.
• Require that all new exemptions be reviewed every 10 years after the initial five-year-review currently required by state law.
• Set uniform penalties, and attorneys' fees, for public records violations.
• Give circuit court judges jurisdiction to issue injunctions to enforce open records laws.

Read more about it here.

Request for Crime Scene Photos Spurs Move to Tighten Georgia's Open Records Act

Hustling to pass a law to further limit access to public records, the Georgia legislature is trying to head-off a request from an author hired by Hustler magazine to the Georgia Bureau of Investigations. The Augusta Chronicle reports that open government advocates say the state does not need any more exemptions to its Open Records Act and that existing law already gives GBI sufficient legal authority to deny the request.

House Speaker David Ralston's maneuver comes as a result of veteran true-crimes author Fred Rosen's request for crime scene photos depicting the nude and decapitated body of University of Georgia graduate Meredith Emerson. Emerson had been beaten and killed by a man who abducted her on Blood Mountain in north Georgia two years ago. Rosen said he made the request as part of his research for an upcoming article for the magazine. Hustler magazine is reportedly considering legal action.

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The Tiger Woods Protection Act?

The Florida House Governmental Affairs Policy Committee will consider a bill that would block the release of 911 tapes and exempt them as public records. The proposal would allow only transcripts of 911 calls, but not the recordings, to be available 60 days after a request. Some are calling the bill the Tiger Woods Protection Act, noting how the November 2009 tapes gained through the state's open government laws lead to embarrassment for the professional golfer.

Under the current law, names, addresses and other identifying information is exempt from release.

Open government advocates say access to the recordings is necessary to gauge whether emergency service providers handle and respond to calls properly and in a timely manner. A 2009 three-part series by the Herald-Tribune shows how access to 911 calls is necessary to reveal systemic flaws by emergency call workers.

For more on the bill, click here.

Proposed Laws Would Add Exemptions to Oklahoma's Sunshine Laws

Oklahomans might have less access to information if several bills pending in the legislature are passed. The Durant Daily Democrat reports there are at least six bills pending that would add exemptions to the state's sunshine laws, preventing access to autopsy reports, birth dates of public employees, municipal court information and records from the Oklahoma Film and Music Office.

Read more about the proposed exemptions here.

Proposals to Strengthen Missouri's Sunshine Law

A Missouri lawmaker has proposed two bills to strengthen the state's Sunshine Law, including a provision that would add a fine of up to $8,000 for each person found guilty of a "purposeful violation" and a $1,000 fine for "knowingly" violating the law. The proposals also includes new record-keeping standards for governmental bodies, new requirements for public notice of certain meetings, and a required training session on the state's Sunshine Law for elected or appointed officials.

Critics say Missouri's Sunshine Law "just doesn't have any teeth" as it is now.

For more on the bills, click here.

Oklahoma Senator Rethinks Support for Bill to Keep Birth Dates Private

Oklahoma Senate Pro Tempore Glenn Coffee (R-Oklahoma City) signaled that he has reconsidered his position on a bill to keep public employees' birth dates confidential. He, along with the rest of the Oklahoma Senate, voted in favor of Senate Bill 1753 without debate or questions.

The Oklahoman quotes Coffee as saying, "Upon further review, I think I would have changed my vote. I think you have to have access to that information and the First Amendment matters, like all of the Constitution. We need to preciously guard that. Are there abuses? Sure. Does that mean you don't protect the First Amendment and what it stands for? No, I don't think so."

For more on the status of Senate Bill 1753, read here.

Proposed Law Would Keep 911 Call Recordings from Wisconsin Public

Wisconsin lawmakers are considering a bill that would no longer treat 911 call recordings as a public record. The bill would allow a transcript of the call to be released, however. Lawmakers in favor of the bill say the move would protect the privacy of callers; however, opponents maintain call recordings reveal important information concerning public safety.

For more information, click here.

Arizona Lawmaker Seeks to Keep Secret an E-Mail Sender's Identity

An Arizona lawmaker has introduced a bill that would allow elected and appointed government officials to keep secret the identity of those who e-mail them.

AZCentral.com quotes attorney Daniel Barr, a media law specialist, as saying the bill would be a step backward in the public records law, which already allows any appointed or elected official to remove any portion of a public record "if you can show the probability of harm to the interest of privacy, confidentiality or the best interest of the state."

For more, click here.

Effort to Revise West Virginia's Public Records Law Underway

West Virginia state lawmakers introduced legislation that would apply the Freedom of Information Act to any record prepared or received by a public office or official if its content or context relates to the public's business.

The effort to revise the state's public records law comes after the state Supreme Court blocked the release of a justice's e-mails with a coal company executive.

For more, click here.