Virginia Bill to Curtail FOIA Harassment is Threat to Transparency

Legislation proposed by former newspaper editor and Virginia state delegate R. Lee Ware Jr. (R-Powhatan) to protect public bodies from FOIA harassment is headed nowhere fast. The proposed bill would allow any public body in the state to petition a court for relief from a person deemed to be abusing rights granted under FOIA.

Powhatan County's attorney and the county board of supervisors urged the bill after being receiving 25 FOIA requests from one individual last year relating to utility projects in the county.

The bill has now been sent to the Virginia Freedom of Information Advisory Council for review, which means it will be at least a year before the legislature considers the measure again.

Open records advocates say the proposed law would crush the spirit of FOIA because it could allow the government to stymie requests with threats of litigation.

A Kentucky Bill Would Make State Retirement Benefits Trigger Open Records Compliance

From the Kentucky Open Government Blog comes this report about Kentucky Rep. Arnold Simpson, D-Covington, who has pre-filed a bill that would make any organization whose employees get state retirement benefits subject to the Kentucky Open Records Act.

The bill stems from two organizations who claimed they were exempt from the open records act even though they receive more than 25 percent of their budgets from public funds, the law's threshold for public inspection.

Calif. bill seeks to include university foundations in FOI

California Sen. Leland Yee has introduced a bill that would open the records of auxiliaries, private foundations created to support public universities, The Los Angeles Times reported. The legislation proposes that foundations should be subject to the same disclosure requirements as universities. His bill does offer an exemption that would allow donors to give anonymously and allow foundations to withhold the names of donors as long as they didn't receive some benefit from the foundation.

As they stretch every dollar, California's public universities have understandably turned to novel ways of raising and spending money. Many have established private foundations, known as "auxiliaries," that solicit contributions from private donors and then hand that money out in the form of grants, scholarships and the like. Auxiliaries today supply the Cal State system with roughly 20% of its $6.7-billion annual operating budget.

The trouble arises when those foundations use their vague legal status -- they are private entities affiliated with public universities -- to shield themselves from scrutiny. And the public has ample reason to question how some of this money is being spent. A foundation affiliated with Sonoma State University lent money to a former member of its board, then got stuck with a bill when he could not pay the money back. A foundation affiliated with Cal State Fresno built an arena on campus and awarded some donors luxury boxes; when the Fresno Bee asked for the names of the donors and what they had contributed, it was denied, and a court held that the California Public Records Act did not cover the foundation. And a former chancellor of San Francisco City College has been indicted on charges that include allegedly diverting money from a foundation account to pay for a club membership, liquor and other expenses.

More here.

Ill. governor finally signs FOI bill

After a bill to overhaul the state's FOI law sat on his desk for months, Illinois Gov. Pat Quinn signed it into law, the Reporters Committee for Freedom of the Press reported. The law gives the public access counselor the power to issue binding opinions as well as allows fines of up to $5,000 for FOI violations.

Illinois Gov. Pat Quinn signed a bill today overhauling the state’s freedom of information law.

The legislation has been sitting on Quinn’s desk for several months since squeaking out of the last legislative session at its very end.

The Chicago Sun Times reported that the new law plugs several loop holes in the current law, including giving the state's public access counselor the power to issue binding opinions in disputes over public records. Fines of up to $5,000 for violations of the law are also now possible, the newspaper said.

More here.

Calif. bill to relieve losing FOIA plaintiffs

A California bill recently signed by Gov. Arnold Schwarzenegger will relieve losing FOIA plaintiffs from having to pay attorneys' fees, the Reporters' Committee for Freedom of the Press reported. Fees could only be awarded if the court decides that the lawsuit was frivolous and without merit. The bill was passed in an effort to "curb the chilling effect that can accompany the assignment of extensive fees to plaintiffs who unsuccessfully sue the government to enforce the California Public Records Act." The law takes effect Jan. 1.

A California bill that will relieve losing plaintiffs in Freedom of Information Act lawsuits of having to pay attorney's fees passed the state's legislature last month. It is now awaiting a signature from the governor.

Under the proposed law, governments that prevail on an "anti-SLAPP" motion in FOIA cases will not be able to collect attorney's fees for claims brought against them in good faith. Fees could only be awarded in limited situations, such as when the court decides the action is frivolous and without merit. The state anti-SLAPP law allows defendants to have frivolous suits dismissed early.

More here.
Also, New Calif. law limits cost in public records fight, San Jose Mercury News.

Virginia considers rule to protect juror info

The Virginia Supreme Court will receive public comments until Sept. 1 on a proposed rule that would seal juror information in all criminal trials, the Reporters Committee for Freedom of the Press reported. The Virginia Coalition for Open Government says this is "potentially unconstitutional."

The Virginia Supreme Court has proposed a rule to tighten access to juror information in all criminal trials, expanding on a 2008 state law that gives courts the authority to keep juror lists secret where there is "good cause."

The proposed rule would shield jurors' identities, giving them numbers by which they would be referred to in court. It would allow judges to further restrict disclosure of personal juror information collected by the clerk's office in some cases. Virginia Beach courts have already launched a similarly restrictive policy, closing access to juror information in all cases, according to The Virginian-Pilot.

The Virginia Coalition for Open Government has come out against the proposed statewide rule.

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.

N.C. lobbyists argue against creating an open government unit

The North Carolina House Finance Committee heard arguments on a bill that would create an open government unit with the Department of Justice, the AP reported. The department would issue advisory opinions and provide mediation services. However, Paul Meyer with the North Carolina League of Municipalities says the unit could slow down information access because the more than 1,500 state and local government agencies would feel forced to ask the open government unit for an opinion rather than their own attorneys.

City and county lobbyists argued Wednesday that a proposal to create a new state office to handle open government disputes and a change in how legal fees are awarded could delay further the release of documents.

The "Open Government Unit" with the Department of Justice would issue advisory opinions about public records questions and attempt to work out public records and open meeting issues without going to court.

The bill, heard but not voted on by the House Finance Committee, also attempts to make it easier for news media outlets and individuals suing in public records lawsuits to collect attorney fees if the documents are released.

More here.

First Amendment Foundation pleased with vetoes

The First Amendment Foundation is pleased with Florida Gov. Charlie Crist's two vetoes, the Reporters Committee for Freedom of the Press reported. The group had opposed the first bill, which would have kept sealed any "proprietary business information" the Department of Management received from a telecommunications company. The second bill, for which the organization recommended a veto, would have exempted "information identifying a donor or prospective donor to a publicly owned building."

Florida Governor Charlie Crist last week barred two new exemptions from being added to the state's public records law when he vetoed a pair of bills approved by state lawmakers.

The first would have shielded from public disclosure any "proprietary business information" the Department of Management received from a telecommunications or broadband company. According to The Associated Press, Crist found the term "proprietary business information" too broad to define an exemption, but he encouraged lawmakers to rewrite the bill next year.

The First Amendment Foundation in Tallahassee opposed the bill and tried to get it narrowed during the legislative session. But the group did not recommend the governor veto the measure.

More here.

Fla. governor vetoes two public records exemptions

Gov. Charlie Crist vetoed one bill that would have "exempted 'propriety business information' obtained from a telecommunications or broadband company by the Department of Management Services," the AP reported. The other bill he vetoed would have exempted the identification of a donor or prospective donor to a publicly owned building who wished to remain anonymous. He signed into law a bill that allows commercial entities (including the media) to obtain Social Security numbers to verify someone's identity.

Gov. Charlie Crist on Wednesday vetoed two bills that would have created new public record exemptions.

One measure (HB 7093) would have exempted "proprietary business information" obtained from a telecommunications or broadband company by the Department of Management Services.

Crist wrote in his veto message the term used was overly broad and suggested that lawmakers try again next year to craft language that protects business interests "while still respecting the state's strong public policy for open and transparent government."

More here.

Concealed-weapon permit data: privacy vs. public interest

The News Media and the Law provided a comprehensive report on the increasing frequency of bills to close concealed-weapon permit data. Ginger Stanley of the Virginia Press Association said most legislative proposals to seal away this data can be traced back to a newspaper's use and/or publication of it. Sheriffs have had difficulty finding instances in which crimes were committed due to public access to permit data. However, there have been a slew of instances in which the data was used to inform the public when permitting failed, thereby risking the community.

It’s tough to call it a trend, exactly, when lawmakers in various states have long set their sights on sealing concealed-weapon permit data. But their efforts seem to be paying off more than ever: Since the beginning of 2008, at least seven states have considered legislation yanking permit-holder information from public files. Only one such battle looks to have yielded a complete win — for now — for open governance.

Newspapers from Oregon to Virginia, meanwhile, have inserted themselves or been thrust into the center of fiercely polarized debates over privacy, personal safety and the constitution. It was the Medford Mail Tribune’s 2007 request for the Jackson County, Ore., sheriff’s roster of local permit-holders that touched off a statewide rift between law enforcement and transparency advocates. It culminated in a legislative measure generally sealing the permits.

More here.

Tenn. Senate votes against closing access to handgun permits

A proposal to prevent access to the names of people who have handgun permits failed 14-13 in the Tennessee Senate, the AP reported. A compromise amendment that would have still closed the database but allowed some inspection of records also failed.

A measure to close access to the names of people holding state permits to carry loaded handguns failed last night in the state Senate. Opponents called the vote a victory for open government.

The proposal sponsored by Republican Senate Majority Leader Mark Norris of Collierville was defeated 14-13 in the Senate when it failed to get a majority vote. Norris didn't say whether he would try to revive the proposal, H.B. 0959, which passed the House 83-12 last month.

"This is not a gun bill, it's an open-records bill," said Senate Minority Leader Jim Kyle, D-Memphis. "This is about your open records and your open government. It has nothing to do with guns."

More here.

R.I. considers withholding names of police shooters

The Rhode Island legislature proposed a bill that would protect the names of police officers involved in shootings until investigations are completed, the Reporters Committee for Freedom of the Press reported. Opponents argue that keeping this information from the public would erode the community's trust in the police force. The Baltimore Police Department has already stopped releasing the names of police officers who injure or kill people.

The Rhode Island legislature is considering a bill that would block release of the names of police officers who are involved in shootings until after investigations are complete.

The bill to amend the state's public records law, H. 6165, was proposed in response to the fallout from a 2007 police shooting, according to the Providence Journal. Backers of the bill say it allows the officers time to deal with the situation and relieves them of public pressure. But detractors argue that police shootings ought to be treated no differently from other shootings, in which the police routinely release the names of the people responsible.

More here.

NFOIC Summit: Florida FOIA roundup

State-by-state updates at the 2009 NFOIC Summit: Barbara Petersen of Florida First Amendment Foundation provided a summary of her state's FOI news.

• Florida is celebrating its 100th anniversary of its public records law and the 30th anniversary of allowing cameras in the courtroom.
• Peterson chaired Florida's Commission on Open Government Reform. The final report, "Reforming Florida's Open Government Laws in the 21st Century," was submitted, and she will now be assisting in drafting legislation on the report's recommendations.
  

Del. Senate supports 'unconstitutional' open-government bill

The Delaware Senate approved a bill that would stop budget writing committees from having closed-door meetings but would keep communications by legislators private, the AP reported. Senate attorney Jeff Clark warned that the bill was unconstitutional because members of one legislative chamber cannot bind the other through statute and a current legislature can't pass a law that controls future sessions of the General Assembly.

The state Senate on Tuesday unanimously approved a House bill aimed at making the legislature more transparent to the public despite being told by a staff attorney that the bill is unconstitutional.

Two members of the Democratic majority openly admitted they were voting for the bill because of how they might be perceived by the public.

“For the sake of perception, we can probably do this,” said Sen. Harris McDowell III, D-Wilmington, after reminding colleagues of their attorney’s opinion.

More here.

Legislature overturns ruling, keeps travel details secret

The Texas Legislature voted to overturn the ruling by the Third Court of Appeals that travel records for the governor's security detail should be released to newspapers, the Houston Chronicle reported. Sen. Jeff Wentworth said releasing the records could compromise security. Someone who wanted to harm a public official could find out how many bodyguards travel with Gov. Perry, where they stay and whether or not they travel in advance of the governor, he told the Chronicle. A costs summary for the security detail can, however, be disclosed.

The state House and Senate voted Sunday night to restrict access to travel vouchers for the security details that travel with the governor and other top elected officials, days after an appeals court ruled that the records should be turned over to Texas newspapers.

Sen. Jeff Wentworth, R-San Antonio, said the provision would overturn an appeals court ruling last week that said the records should be disclosed to newspapers, including the Houston Chronicle and San Antonio Express-News, which sued to obtain the records.

The Senate had passed a bill to exempt the records from public disclosure, but Wentworth said the bill got “stuck in the House.” So lawmakers in both chambers voted, without opposition, to add the language to another public records bill.

More here.

Ill. House unanimously approves FOI overhaul

The Illinois House voted 116-0 in favor of a bill to overhaul the state's FOI and Open Meetings acts, the AP reported. The bill, which gives a public access counselor in the attorney general's office power to mediate disputes and making binding decisions among other improvements, now heads to the Senate.

Taxpayers trying to wade through the sometimes-murky waters of government bureaucracy would find a clearer stream under legislation the Illinois House approved Wednesday.

Lawmakers voted 116-0 to overhaul the state's Freedom of Information and Open Meetings acts.

The bill would require government bodies to respond to requests for documents more quickly, create a position in the attorney general's office responsible for ruling on and mediating disputes and impose civil penalties for bureaucrats who purposefully ignore a request or disregard the law.

More here.

Open-government advocates oppose Illinois FOIA rewrite bill

The current Illinois FOIA is weak but better than the revised bill, open-government advocates told The State-Journal Register. They initially supported revisions drawn up by Attorney General Lisa Madigan, but changes last week, supposedly made by staff for the House speaker and Senate president, were met with opposition. Included in the changes: "a blanket prohibition on releasing home addresses and license plate numbers" and "allowing public officials to satisfy FOIA requests with paper records, and charging for each page, rather than providing information in electronic format."

Open-government advocates say Illinois would be better off with an existing but flawed Freedom of Information Act than with a revised law released by House Democrats late Tuesday, just one minute before midnight and less than two weeks before the General Assembly is scheduled to adjourn.

Rather than making records more accessible, officials with the Illinois Press Association say the provisions put forth by legislative leaders would make it easier for government officials to delay and ultimately keep some records secret.

“This would just open up a whole new range of litigation,” said Beth Bennett, IPA director of government relations.

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.

Conn. Corrections wants to bar inmates from getting personnel files

The Conn. Department of Correction is concerned that inmates can file information requests and obtain home addresses and other data about department employees, the Record-Journal reported. A House bill "would prohibit the department's commissioner from disclosing personnel, medical or similar files, including security investigation records and complaints against current or former correction's employees, to inmates unless there is a court order to do so." Even if the bill were passed, inmates could find personal information about employees on the Web or have family members request the information. Since 2006, only five requests filed by Conn. inmates have been for personnel files.

Sometimes it only takes a letter.

Using the Freedom of Information Act to request employee files, prison inmates can learn the home addresses and disciplinary records of state Department of Correction workers. State law allows them access to the information unless the department can prove that the request would threaten employee safety.

It is a process that concerns the department, which worries that access to such information could lead to its employees being harmed or blackmailed, said Bryan Garnett, the DOC's external affairs director.

More here.