Diverse Groups Press Texas Energy Company for Increased Disclosure

As Austin, Texas, seeks to get 30 percent of its power from renewable energy sources by 2020, big industrials, environmental activists, and civic watchdogs find themselves agreeing on another goal - increased disclosure from Austin Energy.

The groups point to a $2.3 billion deal for a wood waste plant, a deal signed two years ago without much public scrutiny or input. Austin Energy officials have acknowledged they mishandled public debate over the wood waste plant, which did not begin until the City Council voted to sign the contract.

Austin Energy says it is reviewing its information with an eye toward increased disclosure without compromising its confidential information.

Read more details here.

South Carolina County Council May Have Violated Public Meetings Laws Conducting Business Via E-mail

In a three-part series, TheState.com reports that Horry County, South Carolina council members have repeatedly conducted business via e-mail, without a quorum, and out of the public's view. The Sun News obtained 1,348 pages of e-mails sent between January 2009 and January 2010, which reveal that the council may have violated the state's Freedom of Information Act by having conversations that should have taken place in a public meeting.

For more, click here.

Florida Council Member Bullies City Clerk into Resignation over Email Release

From the St. Petersburg Times comes this report about Seminole City Councilmember Tom Barnhorn, who wanted City Clerk Ginger Stilton to keep his emails private unless there was a specific request for them.  Barnhorn had asked Stilton for information on costs and methods for moving Seminole elections from March to November. Stilton provided that information not only to Barnhorn, but to all the council members, on the grounds that it was a record pertaining to government business.  Although Barbara Petersen of the Florida First Amendment Foundation says Barnhorn's request wasn't a technical violation of Florida's public records law, she said Barnhorn doesn't understand the term "confidential records" or how his request may be violating city policy.  

Stilton resigned from office without issuing an apology demanded by Barnhorn after he sent an email to Seminole City Manager Frank Edmunds blasting Stilton for "not show[ing] me the respect due an Elected Official."  

In New Mexico, Emails About Public Business are Public Information Regardless of Account Used

Emails between the mayor and city councilors of Las Vegas have been released following a ruling by the New Mexico Attorney General. The attorney general 's office stated that emails regarding "public business" are "public information," even if the emails were sent by officials using a private computer, and thus, are subject to disclosure.

Click here for more information.

Two Different Approaches to Email Use During City Council Meetings

First, let's start with an example of what not to do, brought to us by Seattle's komonews.com:

A Kirkland City, Washington city council member has admitted to using city email for personal use, including lewd conversations with his girlfriend. Discovered during a records request from conservative watchdog group, Evergreen Freedom Foundation, Bob Sternoff's emails reveal he was having racy conversations with his girlfriend while city council was in session.

The Kirkland City council voted to have a law firm investigate the emails, but they could stand a lesson from South Haven in southwest Michigan.

South Haven City Clerk Amanda Morgan addressed the City Council regarding the need for a new policy regarding electronic communications during meetings, including emails between council members and city residents.

In an effort to comply with the spirit of the Michigan Open Meetings Act, the proposed new policy is to discourage email use during the meetings and to use an "office assistant" feature to direct incoming emails to the city clerk during city meetings. Others suggest the policy doesn't go far enough and that emailing during a public meeting should be outlawed.

Hawaii City Council must cancel closed-door actions

A circuit judge issued a temporary restraining order that essentially forces the Hawaii County Council to cancel a council reorganization plan that it discussed in a private meeting, the AP reported. The council will meet on Aug. 4 to rehear all measures. This order was prompted by a lawsuit filed by West Hawaii Today that alleges that the council violated the Sunshine Law by discussing the plan in private.

Members of the Hawaii County Council violated the state’s open-government law by privately discussing a council reorganization plan, a state judge said.

Circuit Judge Ronald Ibarra on July 23 issued a temporary restraining order, forbidding the council from doing business. But he delayed the start of the TRO until Aug. 5 to give the council time to rectify the situation.

The council has scheduled a special meeting for Aug. 4 to cancel the reorganization. It also plans to rehear all measures it considered after the June 16 changes went into effect.

More here.

Those Pesky Norfolk Pols...

A nice column quoting yours truly...

Uh-oh. Looks like Norfolk City Council's undemocratic instincts are on display.

Again.

Maybe it's time to remind these elected officials that city councils are not exclusive clubs with secret signs and handshakes.

Council members aren't supposed to hide from the people. Or shield the citizens from unpleasant news.

Yet that's exactly what Norfolk's honchos did last week when they reviewed a report - prepared at taxpayer s' expense, of course - on the financial antics of a now-defunct nonprofit development corporation. These shenanigans could eventually cost taxpayers a whopping $245,000.

And a bit later on....

That's unlikely to happen today, however, because the politicians have decamped to Smithfield for a retreat.

Determined citizens would have to travel more than 50 miles round trip to attend. Technically, the retreat is open to the public.

This urge to flee is "used all too frequently" by public bodies, says Charles Davis, executive director of the National Freedom of Information Coalition at the Missouri School of Journalism. He called out-of-town meetings "thinly veiled" attempts by elected officials to meet out of the public eye.

"They've got nice meetings rooms in Norfolk," Davis noted. "I've been there."

Jennifer Perkins, executive director of the Virginia Coalition for Open Government, wasn't surprised that Norfolk City Council was assembling outside city limits.

"We have this come up fairly often," she sighed. "They forget, as a public entity, they not only need to obey the letter of the law but also... the spirit of the law.

"They should be close to home during convenient hours."

Now there's a thought.

Read the whole thing here.