Obama contradiction leads to bill

The Obama administration ruffled quite a few feathers by taking the same position as former President Bush on an issue involving government secrecy and torture, two positions Obama condemned upon entering office. Now legislation has been filed to limit the use of the "state secrets" privilege, the Boston Globe reported. Senate Judiciary Committee Chairman Patrick Leahy said the bill "does not restrict the government's ability to assert the privilege in appropriate cases. In light of the pending cases where this privilege has been invoked, involving issues including torture, rendition and warrantless wiretapping, we can ill afford to delay consideration of this important legislation."

House and Senate committees yesterday introduced bills that would sharply curtail the government's use of the "state secrets" privilege, a policy used by President Bush to argue that a lawsuit involving allegations of torture should be dismissed - and a position that the Obama administration has now adopted.

Drafted and filed separately by the House and Senate Judiciary committees, the legislation was filed just days after Justice Department lawyers working for the new administration told a federal appeals court that its position did not differ from the Bush administration's: the court should throw out a lawsuit that accuses Jeppesen Inc., of helping the CIA secretly transport five terrorism suspects overseas for harsh interrogations, on the grounds that the suit involved state secrets that, if revealed, could jeopardize national security.

More here.

Federal shield law may be on the way

The Free Flow of Information Act of 2009 is a dream for journalists who worry about going to jail for not revealing confidential sources. Journalists would only be forced to relinquish this qualified privilege in cases that involve issues such as national security or threats of imminent bodily harm.

Citing the need for a federal media shield law to protect reporters from being compelled to reveal their confidential news sources, U.S. Representatives Rick Boucher (D-VA) and Mike Pence (R-IN) today introduced the Free Flow of Information Act of 2009. In the 110th Congress, the measure Boucher and Pence advanced was approved by an overwhelming, bipartisan majority of 398 to 21 in the House of Representatives. The Senate did not take up the measure in the last Congress. Boucher and Pence are joined in sponsorship of the bill by 37 of their colleagues in the House, including Judiciary Committee Chairman John Conyers (D-MI) and Vice Ranking Member of the Committee, Bob Goodlatte (R-VA).

"Often the best source of information about public corruption or misdeeds in a large corporation or charity is a person on the inside of the organization who would like to bring the facts to public light, but that person has a lot to lose and to avoid punishment at the hands of superiors will only divulge the information to a reporter if promised confidentiality," Boucher said. "If confidentiality cannot be assured, the public may never learn of the wrong doing and never have an opportunity to take corrective action," he added.

Thirty-six states and the District of Columbia currently have statutes protecting reporters from the compelled disclosure of sources of information.

More here.

Time to cure Ill. 'culture of corruption'

The pressure's on new Illinois Gov. Patrick Quinn to act quickly in supporting and enforcing the state's FOIA, the Associated Press reported.

Gov. Patrick Quinn's reform commission has urged him to take immediate action to make Illinois government more open and transparent.

"Transparency in government is fundamental to curing the culture of corruption in Illinois government," chairman Patrick Collins said Wednesday in a letter to Quinn.

The commission's report isn't due until April, but Collins says it's important for Quinn to act now because its "preliminary findings give us serious concerns."

More here.

Paper warns that Okla. bill may mean innocent citizens are sent to prison

Citizens beware! That's the message the Ada (Okla.) Evening News conveyed in its editorial on a bill that "would allow the chief medical examiner to withhold the public release of autopsy reports." Without access to records, Oklahoma is opening itself up to possible corruption.

Oklahoma House of Representatives Public Safety and Homeland Security Committee Feb. 4 postponed consideration of a bill that would allow the chief medical examiner to withhold the public release of autopsy reports.

The bill was requested by the Oklahoma State Bureau of Investigation following the release of autopsy reports on the unsolved murder of two girls near Weleetka in 2008.

On the surface the bill sounds like a good move, however the committee should throw the bill out and not even consider closing these records to the public. When the government starts closing records to the public it opens the door for corruption. One closed record will soon be followed by another until the public no longer has the right to know the truth.

More here.

Miss. bill would curb inflated fees for public records

Promising news in Mississippi! A bill that would allow government agencies to only charge based on the lowest-paid, competent staff person's salary for reproduction costs has made its way to the Senate, the Associated Press reported.

A bill that cleared the Mississippi House on Tuesday says government agencies could only charge their actual costs for providing public records.

An agency would not be allowed to inflate the cost by including amounts paid to attorneys or others who don't work directly for the agency.

An agency would be allowed to charge for the time it takes a staff member to gather or reproduce the records. But the charge would be limited to the salary of the lowest-paid staff person competent to handle the request for documents.

More here.

Texas Legislature could hide employee birth dates from public

The Dallas Morning News has used the birth dates of state employees to confirm that the Texas Youth Commission had 266 employees with criminal records, that hundreds of Dallas Independent School District employees had criminal records, that some Texas school teachers were registered sex offenders and that "scores of drug and sex offenders are licensed nurses in Texas." Soon, investigations such as these may be impossible in Texas, where legislators are proposing to exempt employees' birth dates from the Texas Public Information Act, citing identify theft concerns.

They're back.

Your legislators are at work in Austin. And they're busily drawing up changes to state law.

One proposal, introduced by Sen. Jane Nelson, R-Flower Mound, would exempt dates of birth of public employees from the Texas Public Information Act.

More here.

So your kid's school is locked down, but they won't tell you?

That is basically how the Springfield School District in Missouri is interpreting new FERPA regulations. The district will report there is an emergency or lock down at an elementary or high school but will not identify which one, the Springfield (Mo.) News-Leader reported. School resource officers have also been redacting not only student's personal information but also the date of the incident from their reports.

This week, the Springfield school district is expected to unveil new guidelines for how to release emergency information to the public.

The district changes are triggered by the U.S. Department of Education enactment of new regulations to the Family Educational Rights and Privacy Act .

Springfield school officials say the changes likely will mean less disclosure of incident or emergency information.

More here.

Mo. Sunshine Coalition to hold program on Thursday

Missouri finally has a state coalition to unite individuals and organizations interested in promoting government transparency.

A new organization for people who want to promote government openness at all levels in Missouri will hold a public reception and program on Thursday, March 12, in Columbia. The event is free.

The Missouri Sunshine Coalition is seeking individual and organization members from all areas of the public. It will hold a 2 p.m. reception and 3 p.m. program at the Reynolds Journalism Institute at the School of Journalism at MU.

Missouri Attorney General Chris Koster has been invited to speak at the 3 p.m. program. Other speakers will be Charles Davis, director of the National Freedom of Information Center, which is based at the School of Journalism; and Mike Wood, director of governmental relations for the Missouri State Teachers Association.

More here.

Mo. citizens ask legislators for stronger Sunshine Law

The current bill would increase the minimum meeting notice from 24 hours to five days for "subjects such as tax increases, eminent domain or tax-increment financing," the St. Louis Post-Dispatch reported. Newly elected officials would be subject to the law, even before they're sworn in, and complaints filed with the Missouri Ethics Commission would be made public.

From Brentwood to Cape Girardeau to Rolla, citizens who have battled for more openness at City Hall urged legislators Tuesday to strengthen the state's Sunshine Law.

The witnesses told a House committee that current law provides inadequate notice of public meetings, especially when private land is being taken for commercial development. They also argued for tougher penalties, clearer record-keeping provisions and a right to electronic copies of public records.

"Elected officials should be trying to find ways to conduct business in the open, not to find ways to close things," said Jay C. Purcell, a county commissioner in Cape Girardeau County.

More here.

Recordings of 911 calls may no longer be public records

A Kentucky bill that would ban the airing of 911 calls has garnered much support, The Associated Press reported. People would still be allowed to "listen to the call and take notes and to obtain written transcripts of calls." However, certain details, such as name and medical information, would be deleted. The measure is supposed to protect citizens from having their emotional 911 calls released.

A measure that would prevent 911 calls from being aired on TV, radio and Web sites cleared its first legislative hurdle yesterday and now heads to the Senate floor for a vote.

The Senate Judiciary Committee approved Senate Bill 30 despite the concerns of broadcasters who say it smacks of censorship.

"It certainly starts us down a very slippery slope," said Nancy Cox, a news anchor with WLEX-TV in Lexington.

More here.

Parking tickets skyrocket in Denver, revenues flow in for city

FOI at Work:

CBS4 in Denver uncovered that the number of parking tickets issued by the city of Denver rose to more than 600,000, a 6 percent jump from the previous year. Revenue from the tickets hit nearly $20 million. The station also obtained documents showing "performance standards," usually known as quotas, indicating that employees issuing less than 80 tickets in a seven-hour shift need improvement.

More here.

Obama reaffirms one of Bush's state security privileges

Several judges for the U.S. Ninth Circuit Court of Appeals were shocked when Obama's administration agreed with the Bush administration's handling of a "case involving rendition and torture," The New York Times reported. It was argued that the state secret privilege was for national security reasons, prompting anger from the ACLU.

In a closely watched case involving rendition and torture, a lawyer for the Obama administration seemed to surprise a panel of federal appeals judges on Monday by pressing ahead with an argument for preserving state secrets originally developed by the Bush administration.

In the case, Binyam Mohamed, an Ethiopian native, and four other detainees filed suit against a subsidiary of Boeing for arranging flights for the Bush administration’s “extraordinary rendition” program, in which terrorism suspects were secretly taken to other countries, where they say they were tortured. The Bush administration argued that the case should be dismissed because even discussing it in court could threaten national security and relations with other nations.

During the campaign, Mr. Obama harshly criticized the Bush administration’s treatment of detainees, and he has broken with that administration on questions like whether to keep open the prison camp at Guantánamo Bay, Cuba. But a government lawyer, Douglas N. Letter, made the same state-secrets argument on Monday, startling several judges on the United States Court of Appeals for the Ninth Circuit.

More here.

Wash. legislation could lead to higher FOI fees

The Seattle Times suggests that local governments forget about trying to raise fees for FOI requests and start searching for innovative, cheaper ways to fill requests, such as via e-mail or CD. A bunch of bills introduced would increase the maximum per-page copying charge from 15 to 25 cents, among other tactics that would discourage someone from submitting a request.

Munipal governments are so emboldened by court victories that help keep their secrets, they are getting even more creative about ways to discourage the public from getting documents to which they are entitled.

The common objective of a trio of bills introduced by Sen. Darlene Fairley, D-Shoreline, is to boost the costs of getting copies of public documents — a move sure to discourage people with the right to keep tabs on their government.

This effort in blue Washington is especially ironic considering one of President Obama's first acts as president was to direct his agencies to open government records under the Freedom of Information Act — and to use technology to make documents more accessible, more quickly and cheaply.

More here.

Utah bills threatens right to appeal for some records

Utah's open records law is in danger of being weakened as a bill to limit public access to records makes its way to the House floor, The Salt Lake Tribune reported. Individuals could not appeal decisions regarding requests for "records associated with law-enforcement proceedings, government audits and personnel matters." The bill would also protect "records associated with anticipated litigation."

A bill chipping away at public access to government records advanced to the House floor Monday -- despite strong opposition from the Utah Media Coalition.

HB122 -- sponsored by Rep. Douglas Aagard, R-Kaysville, at the request of the Attorney General's Office -- would remove avenues of appeal for records associated with law-enforcement proceedings, government audits and personnel matters.

It also would allow records associated with anticipated litigation -- lawsuits expected to come but not yet filed -- to be classified as protected, without any chance for the public or the media to appeal.

More here.

Secret Congressional records, worth nearly $1 billion, released

More than 6,700 reports from the Congressional Research Service, known as "Congress' brain," were made available to the public by Wikileaks. Because CRS is a branch of Congress, it is exempt from FOIA. Members of Congress, however, may choose to release reports that portray them in a favorable light.

Wikileaks has released nearly a billion dollars worth of quasi-secret reports commissioned by the United States Congress.

The 6,780 reports, current as of this month, comprise over 127,000 pages of material on some of the most contentious issues in the nation, from the U.S. relationship with Israel to the financial collapse. Nearly 2,300 of the reports were updated in the last 12 months, while the oldest report goes back to 1990. The release represents the total output of the Congressional Research Service (CRS) electronically available to Congressional offices. The CRS is Congress's analytical agency and has a budget in excess of $100M per year.

Open government lawmakers such as Senators John McCain (R-Arizona) and Patrick J. Leahy (D-Vermont) have fought for years to make the reports public, with bills being introduced--and rejected--almost every year since 1998. The CRS, as a branch of Congress, is exempt from the Freedom of Information Act.

More here.

AG urges new Ill. gov. to review previous FOIA denials

Attorney General Lisa Madigan has asked Gov. Pat Quinn to issue an executive order promoting compliance with the state's Freedom of Information Act. Her requests also include the creation of a point person on open meetings and records issues in each state agency and mandatory training for those individuals by her office. She also asked for a review of all open records denials made by the Blagojevich's administration since January 2003.

Gov. Rod Blagojevich's removal from office signals a new direction for how open records issues are handled in state government.

But will it be more cooperation or antagonism? Attorney General Lisa Madigan wants new Gov. Pat Quinn to set a tone of openness right away.

Madigan sent Quinn a letter on his first day in office urging him to issue an executive order making open records access a priority. He should appoint special staffers to oversee records requests and review scores of denials by the Blagojevich administration to see if violations occurred, Madigan said.

More here.

AP president urges government to improve journalists' access on battlefield

Tom Curley's comments stemmed from a recent report that revealed how the Department of Defense spends nearly $4.7 billion each year on "influence operations."

The president and CEO of The Associated Press called Friday for the government to increase access to journalists on the battlefield.

“No government will give us our rights if we are not willing to stand up and fight for them,” said Tom Curley, who received the William Allen White National Citation at Kansas University on Friday.

He received the award given by the William Allen White Foundation at the Woodruff Auditorium in the Kansas Union.

More here.

Pentagon boosts public affairs arm to influence media coverage of war

Alarmingly stuff: "Public affairs officers argue that they are in a battle with insurgents to shape the public perception of the wars they are fighting, and they will use every means available to push the military's version of events." FOIA records show that the Pentagon public office has provided special arrangements, access to friendly, pro-war bloggers. The number of public affairs officers has increased by 24 percent, and since 2003, 11 AP journalists have been detained in Iraq for at least 24 hours by U.S. forces as potential "security threats."

The black-and-white video starts with a mini-van locked in the crosshairs and the sound of a missile launching. A ball of fire suddenly consumes the van and a palm grove somewhere in Iraq.

"Good shot," says a voice squawking over what sounds like a military radio. Before the one-minute video clip is over, two more SUVs are destroyed by Apache helicopters.

The video is one of dozens brought to viewers around the world by Maj. Alayne Conway, the top public affairs officer for the 3rd Infantry Division. When her unit was in Iraq, her office sent out four to six videos a day to media outlets around the world, as well as posting them on YouTube.

More here.

New Penn. Office of Open Records already overworked

Some citizens don't understand the purpose of the Office of Open Records and have requested help for things like getting the address of an old classmate. Despite some misunderstanding, the office is nevertheless busy sifting through appeals filed by citizens who have had records requests denied and providing "advisory opinions" on certain questions. Lawyers are also trying to "fine-tune the boundaries of Pennsylvania's new law."

As with anything new, Pennsylvania's fledgling Office of Open Records is experiencing some growing pains.

Created Jan. 1 as a result of last year's open-records reform legislation, the office has encountered some interesting cases in its first month of operation.

The challenges include navigating the road between the public's right to know and what people just want to know.

More here.

Northwest Fla. College meeting held at members-only club

A meeting to discuss legislation that would elevate Northwest Florida State College above traditional community college status was held at a members-only club with little public notice. Caterers were told not to post signs directing the public to the meeting room. Consequently, no members of the public were present.

Rep. Roy Sansom and the board of trustees of Northwest Florida State College met in Tallahassee last March to discuss legislation that, once passed, elevated the school above traditional community colleges.

State law requires a get-together like that be held in public. But the meeting, arranged by Sansom at the request of college President Bob Richburg, was held with little public notice at a members-only club in Tallahassee, 150 miles from the Northwest Florida campus in Okaloosa County.

The latest disclosure casts new light on one of the controversial elements of Sansom’s relationship with the school, which derailed his tenure as House speaker and triggered a grand jury investigation. Sansom also faces review by a House special investigator and the state Commission on Ethics headed by state Rep. Bill Galvano, R-Bradenton.

More here.

Fla. teacher union sues school board for closing meetings

Following Miami-Dade School Board's closed-door "executive session" to discuss the budget, United Teachers of Dade sued. The union is asking for the minutes from all the closed-door meetings the board has illegally held and for a court order voiding any actions taken that stem from these meetings.

United Teachers of Dade, Florida's largest teacher union, sued the Miami-Dade School Board Thursday for violating the state's Government in the Sunshine Law and demanded that all budget decisions be made in the open.

UTD's suit alleges that the board broke the law when they met January 30 in a closed-door "executive session" called by Superintendent Alberto Carvalho.

Under Florida law, the board is only allowed to discuss issues directly involving litigation or contract negotiations during executive sessions.

More here.

Transparency after a done deal does little good

The new Right-to-Know Law makes it only voluntarily for Pennsylvania school boards to disclose the terms of contract proposals before they are signed.

Pennsylvania taxpayers have a right to know what their respective school districts are doing -- before it's too late to do anything about it.

The commonwealth's new Right-to-Know Law should have ensured complete transparency. Unfortunately, it does not, according to Terry Mutchler, executive director of the new Office of Open Records.

The public has every right to demand accountability. It should never be forced to come to school boards, hat in hand, begging to be given information about the untold costs to taxpayers.

More here.

Ill. boards stall to release election candidate data

Although the deadline to run for local office was Jan. 26, the Daily Herald in Chicago has not been able to get the addresses and, in some cases, names of candidates from the Wauconda Library District, Oakbrook Terrace Township, Naperville Township and Deer Park Township.

Today's topic might sound self serving, and to a certain extent it is, but it's really all about providing you, the local voters, with what you need to know.

Here's the problem: Far too many of our municipalities, schools, libraries, parks, fire and township boards are refusing to release blatantly public information about the people who are running to represent us.

We can't tell you about these candidates and you can't learn about them yourselves if none of us can find out who they are and how we might contact them. It's as simple as that. It's a basic part of a free, working democracy.

More here.

Del. open government bill would exempt legislators' e-mails

Oh, the irony! Sure, the bill would subject the Delaware General Assembly to FOIA, meaning that the legislature would no longer be exempt from open-meeting laws. However, an amendment would exempt from FOIA all e-mails "received and sent by members of the Delaware General Assembly or their staff" in order to protect the privacy of constituents who e-mails legislators with "their deepest, darkest secrets."

Even as the House mulls a bill intended to make more of the General Assembly's work public, an amendment is being shopped around that would have the opposite effect.

The draft amendment to House Bill 1, which itself would subject the General Assembly to the Freedom of Information Act, would close off access to some information that now is considered public.

The Legislature currently is exempt from the state's open-meeting law, and legislators' e-mails have long been assumed to be covered by that exemption. However, a legal opinion circulating in Legislative Hall concludes that legislators' e-mails to state agencies covered by FOIA are open to public scrutiny.

More here.

Should gun-carry permit applications be public?

Many permit owners are uncomfortable knowing that their addresses, gun purchases and other personal information, such as past addictions, are public records. On the other hand, public gun permit databases could help keep firearms out of the hands of criminals. John Harris, executive director of the Tennessee Firearms Association, said the House committees that deal with Second Amendment issues favor privacy.

What some are calling a matter of privacy, others are calling a dangerous idea. At issue is whether or not applications for gun-carry permits should be kept confidential.

Getting a permit isn't only about learning the rules; a lot of personal information must be given up.

"You have to answer a lot of questions," said John Harris, executive director of the Tennessee Firearms Association. "Like, for example, 'How were you discharged from the military?' 'Have you ever been addicted to any kind of alcohol or other substances?' 'Have you ever had any psychiatric problems?' A lot of information is disclosed on the forms that really shouldn't be public."

More here.

Coroner, autopsy reports exempt from Calif. Public Records Act

The Third District Court of Appeal upheld a superior court judge's decision to not force El Dorado County to release coroner and autopsy reports to Kathryn J. Dixon, a reporter planning to write a book on the murder of Elizabeth Cloer.

Coroner and autopsy reports from suspected homicide deaths are exempt from disclosure under California’s Public Records Act, the Third District Court of Appeal ruled yesterday.

Reasoning that the reports present a concrete and definite prospect of criminal law enforcement proceedings, the court rejected a former-California-attorney-turned-publisher’s request for records relating to a Sacramento woman whose bullet-riddled body was found in an open El Dorado County field in 1971.

Phillip Arthur Thompson was convicted in 2008 of the murder of Elizabeth Cloer after a 2003 analysis of DNA left at the scene tied him to the crime.

More here.

Big victory could mean public right to any government-created database

A California appeals court ruled that Santa Clara County must make its geographic information system, which indicates real estate boundaries and other property data, available to the public. The county had denied the California First Amendment Coalition's request for a copy of the real estate parcel "basemap." The argument was that U.S. Homeland Security concerns and copyright protection preempted releasing the information in accordance with the California Public Records Act.

In a stunning victory for freedom of information advocates, a California appeals court has sustained a public right of access to a government database that makes possible highly accurate digital mapping.

Holding that Santa Clara County must make public its geographic information system (GIS) parcel “basemap,” which shows real estate parcel boundaries, appraisals, and other property data, a unanimous Court of Appeal rejected arguments that U.S. Homeland Security regulations and Federal Copyright protection trump the public’s right of access under the California Public Records Act.

More here.

More coverage: Homeland Security Act Does Not Shield County Land Data, Metropolitan News-Enterprise

Files of former Speaker of Texas House wiped out

When Tom Craddick transitioned from Speaker of the Texas House of Representatives to a rank-and-file member, his computer hard drives and electronic records were wiped from his computers. Some files that Craddick requested were saved, but the rest are gone, which his chief of staff says is standard procedure.

Before the House voted Speaker Tom Craddick out of his powerful job, state officials wiped his computers clean and deleted scores of electronic files, raising concerns that important public records may have been destroyed.

Files on one shared computer network drive were saved, but unless Craddick specifically requested them, computer hard drives and electronic records associated with individual employees were deleted, officials said.

Craddick left the speaker's office on Jan. 13, returning to the state House as a rank-and-file member without a vast staff and without the sweeping power the presiding officer wields.

More here.

N.M. Finance Authority refuses to turn over subpoenas

Even though other state agencies have forked over subpoenas requested, the New Mexico Finance Authority refuses to do so, stating that it would impede an ongoing federal investigation. The New Mexico Independent newspaper had filed two public records requests for subpoenas issued in the federal investigation of the Richardson administration and all subpoenas related to any federal investigation and the documents the subpoenas requested.

Though at least two other state agencies have publicly released similar documents, the New Mexico Finance Authority is refusing to hand over subpoenas it has been issued in the federal investigation into allegations of pay-to-play in the Richardson administration.

The finance authority also refuses to release the documents sought by such subpoenas.

NMI sought the records in two separate requests made under the state’s Inspection of Public Records Act. The first, a narrow request, sought only subpoenas that have been issued in the federal investigation. The second, broader request sought all subpoenas related to any federal investigation received by the finance authority, and all documents requested in those subpoenas.

More here.

Texas newspaper says FERPA doesn't exempt test records from FOIA

Beaumont Enterprise, a Texas-based newspaper, has asked courts to order the Tekoa Academy of Accelerated Studies to release student test scores. The paper had requested reading and math scores of the Texas Assessment of Knowledge and Skills through an FOIA. The school argues that FERPA makes these records confidential, even though the scores requested are not tied to individual students.

A Southeast Texas newspaper has been trying to get student test scores from a Port Arthur school for almost a year, and has now asked the courts to step in and order the school to comply with its request.

Hearst Newspapers II LLC, doing business as the Beaumont Enterprise, has petitioned Jefferson County District Court Judge Donald Floyd for a writ of mandamus against Tekoa Academy of Accelerated Studies.

According to the petition filed Jan. 28, the school has not released student scores from the Texas Assessment of Knowledge and Skills which the paper requested under the Public Information Act.

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More here.

List of donors to Prop. 8 campaign released

The report revealed that donors to the campaign to support Proposition 8 included Jeff Kent, a retired second baseman for the L.A. Dodgers; the Knights of Columbus; the Church of Jesus Christ of Latter-day Saints; and others including a janitor, homemakers and priests.

Nearly 14,000 donors — including homemakers, priests and a former member of the Los Angeles Dodgers — poured millions of dollars into the last two weeks of the campaign to pass Proposition 8, which outlawed same-sex marriage in California. According to a campaign finance report made public on Monday, in all, both sides spent more than $83 million.

The report came just days after supporters of the ballot measure lost a suit in Federal District Court in Sacramento that sought to prevent the names of donors from being revealed. The suit argued that past disclosures had led to donors’ receiving harassing e-mail, death threats and boycotts of businesses. The court said the release of the names was particularly important in such expensive campaigns.

Frank Schubert, campaign manager for Protect Marriage, the leading group behind Proposition 8, said he had received no reports of harassment on Monday.

More here.

New online repository for fed. docs goes live

You could always Google whatever federal document you're looking for, but the new Federal Digital System will now house the originals along with an archive of documents released by the White House Press Office.

The Government Printing Office today launches Federal Digital System (FDsys), the new online home for original federal documents.

Users will eventually be able to search for information from the government's 50 different collections. The site currently hosts the eight most-popular collections, including the Federal Register, the Congressional Record and archive of Congressional hearings. The other collections will be added to the site by this summer, according to GPO's chief information officer Mike Wash.

The new site also marks the launch of the Federal Register's new Daily Compilation of Presidential Documents, an archive of executive orders, speeches and other information released by the White House Press Office. The daily online compilation replaces the printed Weekly Compilation of Presidential Documents.

More here.

Will journalists let Chris Dodd off the hook?

That's the question the Washington Examiner is asking after Sen. Dodd invited only a few Connecticut reports to his Hartford, Conn., office to briefly view, but not copy, documents he promised to disclosure concerning his loan deal with Countrywide Mortgage.

There are two kinds of journalists in the world - those who have been been given the idiot's treatment by public officials on a Freedom of Information Act (FOIA) request for public documents, and those who will be.

Believe me, I know because I didn't get inducted into the Freedom of Information Act Hall of Fame for nothing (no, really, I am not making that up. Go here if you think only liberals get such honors.).

Now Senate Banking Committee Chairman Sen, Chris Dodd, D-CN, has pulled what has to be an all-time classic evasion stunt against journalists covering Congress and the economic crisis concerning his promise six months ago to make public all of the documents about his sweetheart loan deal with Countrywide Mortgage.

More here.

Site decodes Iowa Legislature bills

The Public Interest Institute at Iowa Wesleyan College launched a nifty site that not only decodes Iowa Legislature bills, amendments and votes but also allows citizens to comment on proposed bills, e-mail legislators and receive e-mail updates on bills or issues of their interest.

Public Interest Institute at Iowa Wesleyan College announced the launch of a new Web site that gives users instant access to all the bills, amendments and votes in the Iowa Legislature in concise and plain language.

The Web address is www.iowavotes.org.

It is searchable by legislator, keyword and 50 subject categories, so users can create their own custom voting record guide.

More here.

Clipboard disappears but reports will soon appear online

The Savannah-Chatham County police agreed to post a list of all reports on its Web site each morning. The comprehensive list had been available on a clipboard at the front desk until the department converted to a paperless, electronic system on Dec. 24. The department had discontinued providing a comprehensive list (even though copies of individual reports could still be obtained), which led to a complaint from the Savannah Morning News.

The Savannah Morning News has settled a dispute with Savannah-Chatham County police over public access to police reports after the department agreed to post a daily list of all reports on its Web site.

The agreement resolves a complaint the newspaper made to Attorney General Thurbert Baker last month accusing the police department of violating the Georgia Open Records Act by suspending unfiltered access to daily incident reports.

For years, Savannah police compiled copies of the latest reports, which are public records by law and total about 300 daily, and kept them on a clipboard at the front desk. Combing through the reports for news stories was a daily ritual for police reporters.

More here.

Challenges to White House 2.0

Bringing the social networking tools of his campaign to the White House won't be easy for President Obama. The red tape is unbelievable. Federal government Web pages can't even hyperlink to nongovernmental sites, like the Red Cross. A Clinton-era law may make it illegal for users to submit suggestions via a social network without the federal agency going through a lengthy approval process.

In November, not two weeks after winning the election and still two months from becoming commander in chief, Barack Obama brought the government into the 21st century. Or at least that was what we were told when he released his first Web video address as president-elect. The clip, billed by some as a modern fireside chat, was embedded as a YouTube video on Change.gov, the incoming administration's Web site. Sitting in a leather chair, framed slightly off center from his chest up, Obama delivered a three-minute talk on the economic crisis, vlog style.

The video quickly racked up hundreds of thousands of views, and within a few days hundreds of blogs were linking to it. Obama's foray into viral video, the story went, heralded the beginning of a new era in government communication and transparency—"Franklin Roosevelt 2.0," in the words of The Huffington Post. The Washington Post proclaimed the advent of the "YouTube presidency."

More here.

Fed. Appeals denies FOIA request for Medicare records

Federal Appeals Court judges said FOI laws apply to government, not private businesses. However, that's not stopping the nonprofit Consumers' Checkbook from calling for data that would allow them to monitor health care quality, especially as health care costs rise.

A consumer group seeking Medicare billing records to peek over the shoulders of doctors and grade them on quality said Monday it's not giving up despite a reversal from a federal appeals court.

The case is being closely watched as an important battle in the effort to reshape the nation's health care system. Consumer advocates, employers and insurers argue that access to Medicare claims filed by doctors' offices could help independent groups monitor quality and ferret out waste. Patients would not be identified.

But doctors are worried that such disclosures would violate their privacy, and that resulting ratings could portray some physician's offices inaccurately.

More here.

Alaska Democrats fed up waiting for Palin records

The request for Alaska Gov. Sarah Palin's schedules, calendars and specific e-mails was filed by the Alaska Democratic Party more than four months ago. However, the state has notified the Democrats that they won't receive the records until March, maybe later, because of the bulk of requests Palin's office is trying to sift through.

The Alaska Democratic Party says the state's repeated delays in providing public records it has asked for involving Gov. Sarah Palin are "excessive and unwarranted."

The state notified the Democrats earlier this week that it would likely need until the end of March if not longer to provide records first requested more than four months ago, on Sept. 22, during the heat of the presidential campaign when Palin was the Republican Party's vice presidential candidate.

In the request, Alaska Democratic Party chairwoman Patti Higgins sought Palin's schedules and calendars between Jan. 1, 2007, and Sept. 15, 2008.

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.

Bill to strengthen Del. FOIA put on hold

A bill to include the Delaware General Assembly and all meetings (except party caucuses) in the FOIA won't be "worked" until March 19, according to its sponsor, House Speaker Bob Gilligan. He hopes to prevent any surprising amendments.

Proponents for open government will have to wait a little longer before members of the House vote on legislation that would open up the General Assembly.

The bill would remove the General Assembly's exemption from the Freedom of Information Act, and open all meetings except party caucuses.

House Speaker Bob Gilligan sponsored the legislation, and says he doesn't want any amendments to the bill to catch anyone off-guard.

More here.

Blunt may be gone but e-mail saga continues

Independent investigators hired to look into former Missouri Gov. Matt Blunt's e-mail policies realized that they received about 60,000 extra pages of e-mails than media outlets did. Several newspapers had intervened in the lawsuit against Blunt to obtain access to the records. However, the records provided to the media and to the private investigators should have been identical.

The investigation into former Gov. Matt Blunt and whether his office violated open records laws has been rekindled after Attorney General Chris Koster told independent investigators the state would cover their expenses if they are sued.

Those investigators are now alleging that Blunt’s office didn’t turn over the complete record of e-mails to the media outlets that had intervened in the lawsuit.

The more than year-long political and legal struggle over allegations that Blunt’s staff failed to preserve public documents appeared headed to resolution earlier this week when lead investigator Mel Fisher – a former state patrolman – wrote his court-appointed attorney and told him that he would not publish a final report of his findings because the governor’s former chief of staff, Ed Martin, had threatened him with legal action.

More here.

European convention to discuss Web 2.0 projects

According to the Sunlight Foundation, a European workshop in March will promote ways in which governments can adopt Web 2.0 tools.

The European Commission’s ePractice portal is teaming up with some Europe-based social media consultants to host a workshop on how to promote user-driven and developed Web 2.0 tools to further public services. They will focus mainly on examples of what is being done currently to actually make government more responsive, as opposed to what might be done theoretically. The workshop will be held on March 16th in Brussels.

The organizers are responding to the dramatic rise over the past three years in user-driven, Web 2.0-style initiatives to make government more open, transparent and accountable. They rightfully point to TheyWorkForYou, the product of Sunlight’s friends at the United Kingdom-based MySociety.com, as a good example. The organizers see a growing gap between the innovation culture underlying these initiatives and government approaches to information technology innovation in public services.

More here.

Arguments heard in World Series ticket scandal

A St. Louis circuit judge on Thursday heard arguments for and against opening files from the city Police Department's internal investigation into officers' misuse of 2006 World Series tickets seized from scalpers.

Activist John Chasnoff filed a Sunshine Law suit in 2007 to get access to the investigative files; the Police Department has argued that the files should remain closed.

Earlier this month, Judge Philip Heagney ordered the department to provide Chasnoff with the initial complaint that sparked the investigation, saying it was clearly a public record under Missouri laws. After Thursday's hearing, Heagney said he did not know when he would issue a ruling on the investigative files. Both sides said they would appeal any decision against them.

More here.

Ore. professor becomes next citizen asking states to follow Obama's lead

University of Oregon economics professor Bill Harbaugh called for Oregon Attorney General John Kroger to specify how long state officials have to respond to public records requests. Most states have a five-day standard but Oregon law doesn't mention a deadline.

Oregon Attorney General John Kroger is being urged to change the way state agencies respond to public information requests.

University of Oregon economics professor Bill Harbaugh says the state's public records laws are "horrible," but can be fixed immediately.

In an op-ed published Friday on the left-leaning blog Blue Oregon, Harbaugh said just as U.S. President Barack Obama overhauled the federal Freedom of Information Act, Oregon's attorney general can similarly ease access to the state's public documents.

More here.

Wyo. bill calls for release of inmate info from county jails

As interpreted by attorneys, the current Wyoming law only allows the release of inmate information from the Department of Corrections, which operates state prisons. County sheriffs will be allowed to release booking photos and other inmate information in their position if the bill passes.

A proposed state law would allow sheriffs to release booking photographs and other basic information about inmates housed in county jails.

House Bill 72 has been endorsed by the House Judiciary Committee and is awaiting consideration by the full House of Representatives.

As interpreted by most county attorneys, Wyoming law allows only the Department of Corrections, which operates state prisons, to publicly release information on inmates.

More here.

Congrats to Indiana Coalition for Open Government

The Indiana Coalition for Open Government received the Frank O'Bannon Sunshine Award for its efforts, which have included publishing guidebooks, sponsoring conferences and studying the effectiveness of the state's public access counselor's office.

A citizen group that advocates for open government was honored Thursday for its efforts by Indiana's largest newspaper industry group.

The Indiana Coalition for Open Government received the Frank O'Bannon Sunshine Award during the Hoosier State Press Association's annual meeting and government conference.

Bill Nangle, executive editor of The Times of Munster, lauded ICOG's efforts for the public's right to know when nominating the nonprofit organization for the honor.

More here.

Innovation module helps citizen journalists understand open government laws

Media law experts across the country contributed to and are featured in "The Citizen Journalist's Guide to Open Government." The module includes an interactive map, video interviews, quizzes, animation and a blog.

“The Citizen Journalist’s Guide to Open Government,“ an extensive multimedia e-learning module to help new media makers understand how to obtain public records and get into public meetings, launched today on the Knight Citizen News Network (www.kcnn.org). The guide features a unique interactive map that tells citizens how they can locate open-government information on each of the 50 state Web sites. Easy-to-find information on either the Governor’s or State Attorney General’s Web site gets a thumbs-up ranking. Hard-to-find information earns a thumbs down. Users can:

• Obtain local, state and federal government records.
• Appeal when a records request is denied.
• Take steps if they are excluded from a meeting.
• Learn what’s allowed in their state.
• Understand access to court proceedings.
• Link to more information.

“As more and more everyday people cover local news and information, this guide gives them a unique road map to resources and information that traditional journalists use every day,“ says Jan Schaffer, director of J-Lab, which administers the Knight Citizen News Network (KCNN) with funding from the John S. and James L. Knight Foundation. J-Lab is a center of American University’s School of Communication.

More here.

Obama selects Google manager as Director of Citizen Participation

Katie Jacobs Stanton, who has worked for Google and Yahoo, has been selected to help President Obama "create a 21st century government." The Technology, Innovation and Government Reform Working Group has already split into four teams to examine how innovation can be applied to government, national priorities, sciences and civil society.

According to reports, President Obama has selected Google (and former Yahoo) group product manager Katie Jacobs Stanton as the country's first "Director of Citizen Participation."

Citizen Participation has been a key phrase in Obama's technological policy vernacular since the start of his campaign. From campaign literature: "Barack Obama will use the most current technological tools available to make government less beholden to special interest groups and lobbyists and promote citizen participation in government decision-making."

Part of this approach included the development of the Technology, Innovation and Government Reform (TIGR) Working Group, a team of more than 30 tech industry professionals set to "create a 21st century government that is more open and effective; leverages technology to grow the economy, create jobs, and solve our country's most pressing problems; respects the integrity of and renews our commitment to science; and catalyzes active citizenship and partnerships in shared governance with civil society institutions."

More here.

S.D. governor opposes new open-records legislation

South Dakota legislation that would presume all records are open unless they are specifically closed or exempted by law has support from top-ranking Democrats and Republicans in each chamber. Gov. Mike Rounds, however, could veto the bill, which he said could lead to the disclosure of personal information about private citizens that had been gathered by an official.

A coalition of Republicans and Democrats began a drive Thursday to strengthen South Dakota's laws on open government records and to require more information about state government contracts and finances be available on the Internet.

The open-records legislation is patterned on Nebraska law and would presume that records are open unless they are specifically closed or exempted by law. South Dakota law currently says public records are only those that state law requires a government to keep.

Gov. Mike Rounds told South Dakota Newspaper Association members Thursday, however, that he prefers keeping the current approach.

More here.

Donors of Prop. 8 campaign not exempt from campaign-finance disclosure

The sponsoring committee of Proposition 8, Protect Marriage, filed a suit arguing that disclosure of the names of those who donated at least $100 to the campaign has led to "consumer boycotts, picketing and even death threats." U.S. District Judge Morrison England denied the request and strongly supported "full and fair disclosure of everyone who's involved in these political campaigns."

Proposition 8 proponents' complaint that a California campaign-finance disclosure law has led to harassment of same-sex marriage opponents failed to sway a federal judge, who refused Thursday to throw out the law or shield donors' names.

"If there ever needs to be sunshine on a particular issue, it's a ballot measure," U.S. District Judge Morrison England said after a one-hour hearing in his Sacramento courtroom.

A lawyer for the Prop. 8 campaign said it would ask an appeals court to modify or overturn the law, which requires disclosure of all contributors of $100 or more.

More here.

NFOIC awards new grants to state coalitions

For immediate release

CONTACT:
Charles N. Davis
Executive Director, National Freedom of Information Coalition
daviscn@missouri.edu
573.882.5736
http://nfoic.org/

Columbia, MO -- The National Freedom of Information Coalition awarded new grants at its December board meeting in Columbia, Missouri, and it's an impressive list of worthwhile activities and projects that will be funded.

Meeting for the first time at the brand new Reynold Journalism Institute at the Missouri School of Journalism in December of 2008, the NFOIC board awarded eight grants to eight coalitions for a total of $69,820 in this the first of two grant award periods....

Full release here:

https://www.nfoic.org/nfoic-awards-new-grants

So much for transparency in the Nev. governor's office

Not only was the Reno Gazette-Journal denied e-mail records it requested from Gov. Jim Gibbons, it was also told it would have to take the government's word for it that the records are confidential. The newspaper's request for an itemized list of the e-mails was turned down.

A judge on Wednesday denied the bulk of a Reno Gazette-Journal lawsuit seeking access to Gov. Jim Gibbons' e-mail records, holding that most of the correspondence is confidential under Nevada law.

Carson City District Judge Todd Russell also denied the newspaper's request for an itemized list of the e-mail records so it could independently assess whether the correspondence fell under the state's public records law.

Russell told Gibbons to release six of 104 emails that were reviewed in private by a court master to determine whether they were public. The court master, Dave Nielsen said the rest were personal, of a non-public "transitory nature" or privileged.

More here.

Three steps needed for Colorado to follow Obama's lead

Chantell Taylor, director of the Colorado Ethics Watch, outlined three ways Colorado state and local government can show a commitment to transparency. These include implementing a policy for the retention of electronic records, adopting a fee waiver in the Colorado Open Records Act and setting maximum limits on fees charged for employee time spent retrieving public records.

As one of his first official acts, President Barack Obama issued an executive memorandum instructing members of his administration “to operate under principles of openness, transparency and of engaging citizens with their government.” There are a number of ways Colorado state and local government can follow suit and join the president in his commitment to an “unprecedented level of openness in government.”

To begin, the Colorado General Assembly should immediately adopt and implement a uniform policy for the members and their staff, setting minimum standards and guidelines for the retention of electronic records, including e-mail records in particular. Incredibly, there is currently no policy at all.

Instead, without any minimum requirements, members are encouraged to develop their own individual policies on retention of e-mails, make their own determinations as to what records are public, and regularly delete records that they think do not qualify as public.

More here.

FOIA request seeks info on new Speedos

Thanks to Mike Ravnitzky for passing along this link. An FOIA has been filed to learn more about Speedo manufacturers, new materials and designs. An independent testing program for the swimsuits appears to be in the works.

A Freedom of Information Act Request was filed at the NASA Langley Research Center (LaRC) in Langley, Va., seeking all information related to the development of the Speedo Fastskin LZR Racer swimsuit and any "next generation" of swimsuits in the "design and testing pipeline phase" of development.

The Freedom of Information Act (FOIA) was enacted in 1966 - Title 5 U.S.C. § 552 of the U.S. Government Law and provides that any person has the right of access to Federal Agency records, except to the extent that such records are protected from release by a FOIA exemption.

The FOIA Request was completed according to NASA standards, procedures and rules, and was submitted in writing late November 2008.

More here.

ACLU tests whether Obama will keep his word

Now that President Obama has advised federal officials to process records requests with a presumption of the openness, the ACLU is trying to obtain at least 50 secret Justice Department memos which supposingly justify or provide details of interrogations or wire tapping. The McClatchy Washington Bureau site provides links to the request letter, a list of the missing memos and more on Obama's executive order. Click More Here below.

Dozens of secret documents justifying the Bush administration's spying and interrogation programs could see the light of day because of a new presidential directive.

The American Civil Liberties Union asked the Obama administration on Wednesday to release Justice Department memos that provided the legal underpinning for harsh interrogations, eavesdropping and secret prisons.

For years, the Bush administration refused to release them, citing national security, attorney-client privilege and the need to protect the government's deliberative process.

More here.

Fla. commission lays out wish list for open government improvements

Florida's Commission on Open Government Reform released its 2009 report, which both assesses and offers recommendations on Sunshine Law issues, such as exemptions, fees, the impact of information technology, fiscal transparency, compliance and training.

More here.

College president searches in N.D. may become less secretive

The North Dakota Board of Higher Education requested that the names of applicants for university presidencies and higher education system chancellor not be released until the semifinalist phase. However, a new amendment to the Senate bill would up the release date to two weeks after the initial cut of applicants.

A legislative committee this afternoon amended a bill that relates to open records and the applications of university presidents.

The bill, with an amendment introduced by Sen. John Andrist, R-Crosby, would provide more openness than what the state Board of Higher Education had requested.

Andrist, who spent his career as owner and editor of a weekly newspaper in Crosby, told the Senate Education Committee he thought the original bill went too far.

More here.

Ark. bill aims to curb FOI exemptions

If the bill passes through the Senate, new laws calling for FOIA exemptions in Arkansas will have to be specific in laying out what exact records or meetings it refers to.

The state House on Tuesday approved a bill it previously rejected that seeks to protect the Arkansas Freedom of Information Act from surreptitious tinkering.

In a 57-31 vote, the House approved House Bill 1050 by Rep. Dan Greenberg, R-Little Rock, which would require any new law creating an exemption to the FOIA to state clearly what records or meetings it is exempting.

The bill previously came before the House on Thursday and was narrowly defeated. After Tuesday’s vote, Greenberg told reporters that since Thursday he had contacted several House members individually and distributed a memo to all 100 House members offering a more thorough explanation of his bill.

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.

Mo. lawmakers argue they aren't subject to Sunshine Law

Missouri House Budget Committee Chairman Allen Icet initially refused to provide the AP with documents on how state agencies would handle potential 15, 20 and 25 percent budget cuts. He used the logic that the Sunshine Law applied to any "public governmental body;" he, individually, is not a "public governmental body." The documents, which were released, revealed the possibility that thousands of inmates and more than a hundred sexually violent predators would be released and that hundreds of people with HIV could be prevented from receiving medication.

They require others to comply with open-government laws. But Missouri legislators have exempted themselves from having to turn over documents they prefer to keep secret.

The Missouri House and Senate have interpreted the Sunshine Law not to apply to individual lawmakers - even though it does apply to the Legislature as a whole, legislative committees and legislative staff.

Whether that complies with the spirit of the Sunshine Law is questionable. Whether that is the correct interpretation of the law also is a matter of some dispute.

More here.

FOI at work: Failure rates vary greatly among Calif. DMVs

For those needing an Orange County, Calif., driver's license, you may want to steer clear of the Santa Ana DMV office ... or really brush up on your defensive driving skills.

There are huge discrepancies for pass-fail rates of behind-the-wheel tests at Orange County Department of Motor Vehicles offices.

For example:

•At the Santa Ana DMV office, 112,276 people took the test over the last eight years and 39 percent failed.

•At the Fullerton DMV office, 42,216 of 115,074 drivers failed. That's 36-percent failure rate.

•Meanwhile, at the San Clemente office, an average of 23 percent of the 61,305 drivers who took the test over the past eight years failed. And, last year from January to October, just 17 percent of the drivers who took the test in San Clemente failed.

•Generally, the DMV offices in southern Orange County have lower failure rates. In Laguna Hills, an average of 25 percent have failed since 2000.

More here.

'Secrecy is for losers'

Newsweek's Jonathan Alter looks back at the history of White House secrecy as openness morphs from "geeky" to "hip." He calls for a mandate that all of the government's private sector contracts be made public, which he says will lead to competitors racing to "convince the government they can do the same things cheaper."

For a long time now, there's been too much secrecy in this city." Those were the most important words President Obama spoke on his first full day in office. Obama then signed executive orders to shift the balance back toward openness in government. At least in theory, the burden of proof will move from those who would release information to those who would classify it. It's significant Obama led off this way. He went right after not just George W. Bush and Dick Cheney, but an eternal bureaucratic impulse. Will Obama's emphasis on discipline and control eventually lead him to share that impulse? We'll see.

Thomas Jefferson argued that "information is the currency of democracy," and for generations peacetime America respected the principle. Believing, as Secretary of State Henry Stimson did, that "gentlemen don't read other gentlemen's mail," the nation chose not to even have an intelligence service until World War II. Then came the Atomic Energy Act of 1946 and the National Security Act of 1947, which essentially said that a certain constantly expanding category of information was "born classified." That means no formal process for assessing if something should be secret or not—just an officious bureaucrat with a big stamp.

More here.

Fla. commission debates fees for records requests

The Florida Commission on Open Government has stirred up controversy in its discussion of proposed changes to the Sunshine Law. The proposals would curb agencies from charging high fees and require electronic records to be provided at cost of duplication. The redaction of confidential information from data would no longer be considered a "specialized service requiring additional charges" either. The opposition is arguing that with increasing costs and smaller staffs, filling requests could become a problem if these changes come to pass.

Two members of the Commission on Open Government — the head of the Florida Department of Law Enforcement and the Hillsborough County attorney — vigorously oppose the panel's plan for ending stiff charges for providing copies of public records to citizens.

But the head of the First Amendment Foundation, who chairs the nine-member panel that Gov. Charlie Crist created to review exemptions to Florida's "sunshine" statutes, said government agencies had ample opportunity to object to draft proposals set for final consideration next week. She said the Legislature must prevent "exorbitant" charges that can run into hundreds of thousands of dollars for providing public information.

FDLE Commissioner Gerald Bailey and Renee Francis Lee, the county attorney in Tampa, wrote to JoAnn Carrin, director of the commission and head of Crist's office of open government, saying the cost of extensive record searches would be a hardship for already hard-pressed state, city and county governments. Bailey also said the open-government commission, on which he and Lee serve, did not take enough testimony from government agencies on the issue.

More here.

Autopsy records are public in Pa.

The Pennsylvania Supreme Court ruled that autopsy records must be made available to the public despite privacy concerns. Judges, however, can withhold records based on "discretion and necessity."

The state Supreme Court ruled today that autopsy reports are public records.

In a 5-1 decision, the state's top court overturned a lower court ruling and wrote that under the state's Coroner's Act autopsy reports should be considered "official records and papers" and made available to the public.

The case stemmed from two newspapers, The Morning Call and Express-Times, who sued after Lehigh County Coroner Scott Grim refused to provide a copy of an autopsy report of a police officer who had been shot and killed.

More here.

A look at Bush's FOIA record

Michael Doyle of "Suits & Sentences" blog provides an interesting review of the Bush administration's response to FOIA requests, compared to the response during the Clinton administration.

Is it possible to prove how much the Bush administration impeded the Freedom of Information Act? Put another way: just how hostile was it?

Pretty darn hostile, a quick-and-dirty Suits & Sentences review shows. Consider: the Defense Department completely granted 61 percent of FOIA requests in Fiscal 1998. In Fiscal 2007, the Defense Department completely granted only 48 percent of FOIA requests. And the Pentagon wasn't alone. The Interior Department fully granted 64 percent of FOIA requests in 1998 but only 47 percent in 2007.

The invaluable annual FOIA reports filed by federal agencies provide the numbers. Let's take a second, in honor of President Obama's newly declared commitment to FOIA, to delve a little deeper.

More here.

Act would require drug manufacturers to disclose payments

Disclosure is slowly becoming vogue everywhere. Therefore, you may see less of those prescription drug ink pens and notepads in your physician's office. The Physician Payments Sunshine Act would require companies to disclose money, trinkets, etc. (worth $100 or more) given to physicians. The information would be available online through the Department of Health and Human Services.

Senators Chuck Grassley (R-IA) and Herb Kohl (D-WI) reintroduced their Physician Payments Sunshine Act, which would require that manufacturers and group purchasing organizations disclose all payments or transfers of value to physicians worth $100 or more.

The revised bill includes language mandating disclosure of physician investments in and ownership of manufacturers, and it has sharper teeth. Manufacturers or group purchasing organizations that fail to report payments can be fined between $1,000 and $10,000 per infraction, up to a total fine of $150,000 per company per year, where failure to report is deemed an oversight. For “knowing failure to report,” the ceiling on total fines goes up to $1 million per company.

More here.

Beware Indiana government employees: Violating FOI may cost you

Indiana government agencies and employees may soon face fines for violating the state's open meeting rules or public records laws. Currently, individuals may sue to obtain a document that hasn't been provided in response to a request but agencies and employees aren't punished.

A Statehouse proposal could impose fines of up to $1,000 on government agencies -- or their individual employees -- that blatantly violate Indiana's public access laws.

A Senate committee could vote next week on the legislation, which supporters say would put much-needed teeth into Indiana's open door law and public records rules.

The bill would allow judges to fine public agencies or agency workers who intentionally violate open meeting rules or public records laws, which are used by citizens and the media to obtain many government documents. An agency could pay for the fines from its budget, while a fine on an employee would come from the worker's wallet.

More here.

County loses lawsuit after destroying public records

Yet another county where commissioners use private computers and e-mail addresses -- making the deletion of public records almost inevitable.

Lincoln County will cover more than $7,000 in attorney's fees following a case in which former and current county commissioners admitted to destroying public documents.

Joann Hager, founder of Tri-County Animal Rescue, filed a lawsuit against the county when requests she made for documents were ignored for more than a year. Despite her victory, the outcome is not a total win-win, Hager said.

"That's my tax dollars being spent too," Hager said. "It was worth it if they change their procedures and public policies."

More here.

Since when did state open records laws not apply to county officials?

Officials in Maricopa County in Arizona may soon have to file an internal request for county records rather than using the open records law. Citizens and journalists will still have the right to file county requests through the state's FOI process but officials would have to explain how their request relates to their job. Aren't officials considered citizens also?

The Maricopa County Board of Supervisors on Wednesday passed a resolution to try to force other county officials to go through an internal request for county records instead of using the state public-records law.

The move was in response to what the supervisors call "excessive" requests for information from the County Attorney's and Sheriff's offices, which the county claims are overly costly.

But the County Attorney's Office claims that the new policy is a way to skirt the state's public-records law.

More here.

Hawaii-based federal fishery council refuses to comply with FOIA

The Western Pacific Regional Fishery Management Council has refused to turn over requested files concerning its budget, grants and contracts. Citizen groups, concerned about overfishing and other conservation issues, have sued the WESPAC as well as the National Oceanic and Atmospheric Administration and U.S. Department of Commerce for not flexing their oversight muscles to help the plaintiffs obtain the documents.

A lawsuit seeking basic government documents has been filed in Federal District Court against the Western Pacific Regional Fishery Management Council (WESPAC), the National Oceanic and Atmospheric Administration (NOAA), and the U.S. Department of Commerce (DOC) by the Conservation Council for Hawaii, KAHEA The Hawaiian-Environmental Alliance (KAHEA), and the LOST FISH Coalition (collectively referred to as "plaintiffs").

The lawsuit was filed to gain access to documents requested by the plaintiffs in a November 14, 2007, Freedom of Information Act (FOIA) request submitted to WESPAC seeking basic budget, grant, and contract information. Tina Owens from the LOST FISH Coalition said, "In addition to shedding light on the long-hidden and most basic internal operations of this controversial federal entity, the documents may also shed light on how WESPAC funds may have been used in what appears to be various lobbying campaigns to influence state and federal legislative and executive branch decisions related to marine conservation in Western Pacific waters."

Miwa Tamanaha, KAHEA Executive Director noted, "Wise, sound, community-based management requires accountability and transparency. If there is nothing improper, then there should be nothing to hide. With the situation of our ocean resources so imperiled, it is ridiculous that citizen groups should have go to these lengths to get basic information about use of our public dollars."

More here.

FBI kept files on George Carlin, FOIA shows

George Carlin's jokes about J. Edgar Hoover and the FBI didn't go unnoticed by FBI agents, according to records released by the deceased comedian's family.

While countless comedy fans spent the 1960s and ’70s poring over the rebellious routines of George Carlin, above, so too did J. Edgar Hoover, according to F.B.I. records released by the comedian’s family and reported by The Associated Press. Among the documents Carlin obtained through a Freedom of Information Act request before his death in June was an F.B.I. memo that noted his 1969 appearance on “The Jackie Gleason Show,” when he lampooned Hoover and the F.B.I. “His treatment was in very poor taste and it was obvious that he was using the prestige of the bureau and Mr. Hoover to enhance his performance,” the memo said, according to The A.P. The F.B.I. previously told The A.P. that it had no file on Carlin; an F.B.I. spokeswoman told The A.P. that she was looking into the apparent contradiction.

More here.

FOIA request reveals Rodriguez cost Michigan $6.6 million

When you add up the buyout, taxes, his salary and other compensation, Rich Rodriguez cost the University of Michigan $6.6 million, the Ann Abor News reported after obtaining records from an FOIA request. That amounts to $2.2 million for each of the team's wins this season.

Rich Rodriguez wasn't paid $6.6 million to coach the University of Michigan's football team last year, but that's how much he cost the school.

A Freedom of Information Act request by the Ann Arbor News revealed Michigan paid $4.1 million to cover part of Rodriguez's buyout and related taxes from his contract at West Virginia.

Rodriguez's salary and other compensation amounted to an additional $2.5 million. To give that $6.6 million figure perspective, the News noted that school president Mary Sue Coleman earns $553,500 annually and athletic director Bill Martin gets $380,368.

More here.

Delaware legislators may soon be subject to FOIA

Promising news from Delaware:

A bill that would make the workings of the Delaware General Assembly more transparent to the public has cleared a House committee.

The bill, which subjects the legislature to the Freedom of Information Act, was released by the House administration committee on Wednesday. But lawmakers say amendments are likely, including one to prohibit public access to legislators' e-mails.

House Speaker Robert Gilligan said he hopes the bill will go to the House floor next week.

But it may have to clear the appropriations committee first because the legislature's controller general says at least one full-time staffer, at a cost of more than $61,000 a year, would be needed to handle FOIA requests.

More here.

Bill calls for Iowa Web site that tracks tax money

President Obama's call for government transparency has trickled down to Iowa, where a bill was introduced to create a Web site containing easy-to-navigate data on taxpayer dollars. Republican supporters are optimistic about the site, which would be modeled after similar endeavors in other states. However, one Democratic senator has already raised concerns that funding a $40,000 Web site will be difficult in the face of a tight state budget.

The state of Iowa would have to launch a searchable Web site available to the public to catalog how tax dollars are spent under a bill proposed Wednesday in the Iowa Legislature.

Republican supporters in both houses of the Legislature said during a news conference at the Statehouse that such a Web site would allow for greater transparency in state government by turning all of Iowa’s citizens into budget watchdogs.

They likened keeping track of taxpayer dollars in Iowa to searching through a maze, but they said the proposed Web site would streamline the process.

More here.

South Dakota legislators must reveal identity to get records

State officials in South Dakota have been instructed to not provide data requested by the Legislative Research Council, which conducts research for lawmakers, unless the identity of the requesting legislator is revealed. While in most states, such a policy would be illegal, South Dakota does not yet have a law that presumes that all government records are public. An effort to pass such a bill is expected this year.

The excuses for demanding to know which legislator is asking questions? Well, for one, the governor claims this allows the staff to tailor the information provided to different lawmakers, adding more background for new legislators. He's also worried that useless requests will rob his staff of valuable time.

When state Sen. Gene Abdallah wanted to know how many aircraft the state owns, he figured it would be easy to get the information.

So last month, the Sioux Falls Republican made a request through the Legislative Research Council - the state's research arm for lawmakers.

The LRC had a list of aircraft, but to get details about those planes - their conditions and estimated values - a researcher had to ask officials in Gov. Rounds' administration.

More here.

More thoughts on Obama's orders for more openness

Ellen Miller, director of the Sunlight Foundation, told the Washington Post that "public information" should mean government data that is available online and easy to download. Miller suggested that agencies take stock of what information they maintain and how the data are distributed. What was slightly disconcerting to Miller was that Obama's memos and executive orders were not posted to the White House Web site by late Wednesday afternoon.

More of the Washington Post story here.

For additional coverage, see:

• Obama promises a more openness, Chicago Sun-Times: "Hot damn! This is astondishing. And wonderful," said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press. "You know there's a new sheriff in town."
• Obama orders could open records, Washington Post: Obama's new stance on open records could mean the disclosure of records that have been off limits to the public and reporters, such as details on toxic chemical spills and the drugs administered to Guantanamo Bay prisoners. However, Obama's memos don't discuss the labeling of documents as "controlled unclassified information."
• On day one, Obama overturns era of White House secrecy, Editor & Publisher: Rick Blum, coordinator of the Sunshine in Government Initiative said: “Yesterday’s policy of 'When in doubt, leave it out,' today became, 'When it doubt, let it out.' And this policy will help keep the public informed in our technology-driven, connected society. On open government, the dawn is breaking."
• President Obama's open government imperatives must trickle down to cities, MediaShift Idea Lab: Blogger Daniel X. O'Neil wrote: "To the mayors of every city in the United States, the message is clear: Nearly 67,000,000 people voted for Barack Obama on Election Day. Many of them are voting in your city, too. More than a million people went outside in Washington, DC to hear and see this President get inaugurated. Today, hundreds of thousands of them returned home to your cities, your neighborhoods, your tax bases. There's no reason to expect less of you than we've gotten from our President. Change is coming."
• Opening government on day one, The Reporters Committee for Freedom of the Press: "That this message was issued on Day One is a huge step toward opening access to the federal government. And it is crucial that this message came from the very top. However, the public will need to be no less diligent in utilizing the laws to request information and continuing to hold this new administration accountable just as any other."

What a bright Day One for open government!

"In the face of doubt, openness prevails," Obama wrote in a memo to the heads of executive departments and agencies concerning the FOIA. His bold Day One move to reinforce his promise to replace the atmosphere of secrecy with one of transparency made headlines across the country.

To download the memo, click here.

Read more on the Collaboration of Government Secrecy Web site here.

The Associated Press story is below:

In an attempt to deliver on pledges of a transparent government, Obama said he would change the way the federal government interprets the Freedom of Information Act. He said he was directing agencies that vet requests for information to err on the side of making information public — not to look for reasons to legally withhold it — an alteration to the traditional standard of evaluation.

Just because a government agency has the legal power to keep information private does not mean that it should, Obama said. Reporters and public-interest groups often make use of the law to explore how and why government decisions were made; they are often stymied as agencies claim legal exemptions to the law.

"For a long time now, there's been too much secrecy in this city," Obama said.

He said the orders he was issuing Wednesday will not "make government as honest and transparent as it needs to be" nor go as far as he would like.

"But these historic measures do mark the beginning of a new era of openness in our country," Obama said. "And I will, I hope, do something to make government trustworthy in the eyes of the American people, in the days and weeks, months and years to come."

More here.

New bill calls for more transparency, public notice in Missouri

Nineteen members of the Missouri House have developed a bill that would bolster the state's open-government law but that doesn't touch upon government e-mail records, despite the controversy involving former-Gov. Matt Blunt's office.

The bill would:

• Tighten the guidelines for when public meetings may be closed for potential litigation discussions.
• Require public comment periods and five business days notice (instead of 24 hours) for government bodies to meet on certain issues.
• Force governmental bodies to provide electronic versions of public records that are maintained electronically, which could eliminate copying costs for those requesting records.
• Provide more openness concerning proceedings of the Missouri Ethics Commission.
  

Some state lawmakers are seeking to strengthen Missouri's open-government law by giving the public more advanced notice of meetings on hot-button local issues such as taxes, zoning and eminent domain.

The legislation also would make public more of the workings of the Missouri Ethics Commission, which receives and reviews campaign finance complaints against politicians.

Those involved in defending and promoting Missouri's Sunshine Law said the legislation hits many of the areas that are causing problems. However, it stops short of the broader overhaul they argue is necessary, but probably wouldn't clear the Missouri General Assembly.

More here.