California Bills Propose Sunshine for Stem Cell Research and Animal Abusers

California lawmakers will consider reforms to the governmental bodies overseeing stem cell research and the creation of a felony animal abuse registry, similar to the sex offender registry.

SB 1064 would require the State Controller to conduct an annual performance audit of the California Institute for Regenerative Medicine (CIRM) and its governing body, the Independent Citizens Oversight Committee (ICOC). The bill would also require the ICOC to disclose its meeting minutes and board member vote tallies.

SB 1277 would require the Department of Justice to make information about those convicted of felony animal abuse public by January 2012. The information would include the person's name and known aliases, a photograph, a physical description, date of birth, criminal history, and the address for the abuser.

For more information about the proposed measures, click here.

New Jersey Toll-Takers Dole Out Insults with Change, Records Show

TheSmokingGun.com used the Freedom of Information Law to obtain more than 550 letters to the New Jersey Turnpike Authority, complaining of mistreatment by toll collectors along the Garden State Parkway and the New Jersey Turnpike.

The site reports the following complaints:

One commuter claimed that a toll collector called him a "f---ing moron" for dropping a dime. Another said a toll-taker spit on his fingers before counting out the driver's change. A toll-taker even offered to flash a female driver to help her stay awake, the documents show.

The head of the toll collectors union insists that toll-takers are more often on the receiving end of abuse from drivers, though.

For more, click here.

Idaho Committee Approves Removing Hunting and Fishing License Records from Public View

The Idaho House Resources and Conservation Committee approved a measure that would make hunting and fishing licensing records private, although if an individual provided written consent, his or her information would be public. Proponents say it would protect hunters and fishers from harassment.

Open government advocates oppose the measure, suggesting it would be better public policy to go after harassers, not shutting down whole categories of public records.

Click here for more.

South Carolina Senate Committee Passes Amendment for Public Access to EMS Workers' Names

The Herald of Rock Hill reports the South Carolina Senate Medical Affairs Committee passed an amendment that would make records of emergency medical calls a part of the public record. The amendment would overturn a provision of S.C. law made at the request of the state Department of Health and Environmental Control that keeps the response times and the names of emergency medical workers private.

Read more here.

Three States Weigh Keeping 911 Calls from Public

Alabama, Ohio and Wisconsin lawmakers have proposed barring the release of 911 calls, citing privacy concerns and a potential chilling effect on people's willingness to call 911 for fear of the call being broadcast later.

Open government advocates disagree, arguing that the calls should be public as they can aid public safety and news organizations should be able to air the calls on a case-by-case basis.

For more information, click here.

University of Illinois Spent Six-Figures Before Suspending Search for a New Provost

Using records obtained by the Illinois Freedom of Information Act, the Daily Illini reports the University of Illinois spent $147,500 before suspending its search for a provost. The university paid search firm Greenwood/Asher & Associates Inc. $43,083.34 for professional services finding and conducting background research on potential candidates, and the university spent $104,416.66 on airfare and accommodations for 15 first-round candidate interviews.

For more information, click here.

Southwestern Illinois Flood Prevention District Council May Suing FEMA

The Belleville News-Democrat reports that the Southwestern Illinois Flood Prevention District Council met to discuss a possible lawsuit against the Federal Emergency Management Agency (FEMA) to explain why the agency termed local levees useless, a move which FEMA has used to justify its plan to raise flood insurance rates.

FEMA has not yet responded to the group's November 4, 2009 FOIA requests for information regarding levees in Madison, Monroe, and St. Clair counties.

For more information, click here.

Idaho Bill Would Remove Personal Information of Law Enforcement Officials from Public Record

Idaho law enforcement officials support legislation that would remove personal information, such as home addresses and phone numbers, from the public record. Proponents say the measure is designed to promote the safety of law enforcement. The Idaho Press Club opposes the bill as it does goes against the presumption of openness in government.

Read more here.

Vermont Considers Anonymity for HIgher Education Donations

The Vermont Senate cleared a bill to exempt certain donations to public higher education institutions from the state's public records law. Private donors who wish to remain anonymous could do so, although the amount and purpose of the donation would remain public. The identify of any donor who "transacts business" with the institution within three years of the donation would be public also.

The Vermont House will take up the bill this week.

For more information about the bill, click here.

Northern California Society of Professional Journalists Announces James Madison Freedom of Information Awards

The Northern California Chapter of the Society of Professional Journalists announced the winners of the 25th Annual James Madison Freedom of Information Awards. The winners include:

• Thomas Peele and Daniel Willis for their computer-assisted reporting project in which they created comprehensive databases of more than 194,000 public-employee salaries from 96 government agencies;
• Dan Borenstein for editorial/commentary and his efforts to expose inflated public employee retirement benefits;
• Mary Fricker will receive the Norwin S. Yoffie Award for Career Achievement; and
• G.W. Schulz will receive an award for information obtained through 75 open-records requests to show the investment in improving homeland security since 2001.

For more information, click here.

Wisconsin Supreme Court Considers Deliberative Process Privilege for Governor

The Wyoming Supreme Court heard oral arguments in a case to decide whether the governor enjoys a "deliberative process privilege," which he could use to shield documents from public view.

The case stems from the Wyoming Tribune Eagle's request to see recommended budget cuts from two state agencies and the governor last spring.

Attorney General Bruce Salzburg argued that the privilege fosters frank discussions between agency employees and executives, which might be stifled if the public had access to them.

Open records law advocates disagree, saying if there is to be a deliberative process privilege, it should be the legislative branch that decides, not the judicial branch, and that the public has a right to know the deliberative process of its representatives.

Bill to Make Public Employees' Birth Dates Private Passes Oklahoma Senate

The Oklahoma Senate passed a bill that would keep the birth dates of public employees confidential. Proponents say the measure would protect an employee's privacy, but open records advocates point out that birth dates are often the only way to identify an individual correctly from a database. For example, The Oklahoman compared state sex offender registry with the state's January payroll data and found that 778 state employees share first and last names with registered sex offenders. The overlap includes child care workers, law enforcement investigators, and a state Supreme Court justice.

Read more here.

White House Announces Open Government Working Group Officials

The White House unveiled the names of the 34 government agency managers who will form the Open Government Working Group, part of the Obama administration's Open Government Directive.

The Working Group will focus on transparency, accountability, participation and collaboration in the U.S. government. Other senior officials in each federal agency will be accountable for the quality of information released to the public.

For more information, click here.

ACLU Sues USAID for FOIA Violations over Abstinence-Only Programs

The ACLU has sued the U.S. Agency for International Development (USAID) for failing to provide documents regarding its overseas religiously-influenced abstinence-only-until-marriage programs. In July and September 2009, the ACLU sent USAID requests for the programs funded through HIV/AIDs grants, including requests for proposals, contracts with USAID, curricula used by grantees, communications between USAID and the White House, and communications between USAID and its grantees about religious instruction in the abstinence-only-until-marriage programs.

A recent Inspector General's report says the programs unconstitutionally promote religiously infused materials and messages.

For more information, click here.

Texas City Sued for Violating Open Meetings Act

Citizens of Big Spring, Texas, and the Freedom of Information Foundation of Texas, the NFOIC are suing the city for violating the Texas Open Meetings Act for meeting on January 6th to discuss a petition for a tax rollback election without proper notice to the public.

The Concerned Citizens Council of Big Spring-Howard County and the Freedom of Information Foundation of Texas hopes the lawsuit sends the message to all city governments that no one is above the law.

Read more here.

North Carolina County Seeks to Remove Public Officials from Online Property Database

Mecklenburg County wants the public to use an online survey to weigh in on a debate over access to public officials' tax information online.

Arguing that it is too easy for violent criminals to find out where public officials live, some North Carolina county and federal officials sent a letter to county commissioners asking them to allow law enforcement employees to remove their names from the county's online database.

But officials say the property search tool would have to be removed in its entirety, instead of selectively removing a few names. Property would have to be searched online using only addresses or parcel numbers, but not owner names if the search tool were removed.

Read more here.

Proposed Law Would Keep 911 Call Recordings from Wisconsin Public

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

For more information, click here.

Register Now for the NFOIC 2010 FOI Summit

Hosted by the NFOIC and the Virginia Coalition for Open Government, the FOI Summit will be held on Friday, May 7, and Saturday, May 8 at the Hyatt Arlington in Arlington, VA.

Click here for more information about the FOI Summit, including the impressive list of speakers and registration instructions.

Florida Baseball Lawsuit Challenges Secret Dealing Behind Economic Development Deal

The lawsuit stalling a $31 million renovation of Ed Smith Stadium in Sarasota, Florida, alleges that local government officials violated Florida's Sunshine Law by failing to conduct business in the open.

The lawsuit is a signature case regarding taxpayer-funded economic development deals that are negotiated in secret.

Read more about the lawsuit here.

South Carolina Senate Committee Considers Public Access to EMS Workers' Names

The South Carolina Senate Medical Affairs Committee is considering a bill that would guarantee public access to emergency medical services operations, including the names of the workers.

The bill pits the interests of the South Carolina Press Association, which advocates for EMS workers to be subject to public scrutiny, against the S.C. Emergency Medical Services Association, which advocates for shielding workers' names until a complaint is lodged.

For more information, click here.

University of Mary Washington Refuses to Produce Emergency Test Call Recording

University of Mary Washington's President Judy Hample placed an emergency test call during a campus safety walk to campus police last fall, but the university will not provide the recording of the call to The Free Lance-Star. The University contends the recording relates to a "criminal investigation" on the grounds that Hample's call would have been evidence in any criminal investigation, if there had been such an investigation. The University spokesman says no criminal investigation is on-going.

For more, click here.

Wyoming Coalition for Open Government Highlights Good and Bad Behavior

The Wyoming Coalition for Open Government handed out two awards to highlight good and bad behavior among state government officials.

The "First Amendment Hero" award went to Sweetwater County Attorney Brett Johnson for insisting that county commission meetings remain open when required by law.

The "Black Hole" award went to administrators of St. John's Medical Center in Jackson for withholding information about surgeries performed at the hospital.

For more about these award-winners, click here.

A Treasure Trove of Connecticut State Budget Information

The Yankee Institute, a libertarian Connecticut think tank, launched the website www.ctsunlight.org, which allows users to easily navigate through the state budget. The website was built with data from a massive FOI request to the state comptroller, and it includes information on individuals' salaries, pension payments, the amounts of checks to vendors, and more.

Read more here.

The Argument Against Opening Initiative Signatures to Public Scrutiny

Columnist Thomas D. Elias makes his case for keeping initiative petition signatures secret here. He argues initiative signers may not realize their name will be made public as an advocate for a particular cause, and that if such information is disclosed, the individual could become a target for retaliation and retribution by political opponents.

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

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

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

For more, click here.

Effort to Revise West Virginia's Public Records Law Underway

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

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

For more, click here.

University of Illinois Log Shows Ten Incidents of Attempted Outside Influence in Admissions Process This Year

After it was revealed that the University of Illinois had a secret admissions system that allowed the politically powerful to influence admissions decisions, the admissions staff is now required to log incidents of outside parties trying to insert themselves into the admissions process.

This year, the U of I admissions staff have logged 10 such incidents, the majority of which The Chicago Tribune describes as "relatively benign."

Admissions officers can enter comments into a password-protected Web site at their discretion, but cannot access the information. University employees risk being fired and university trustees risk being removed by the board of the governor if they interfere.

Click here for more.

ASNE Local Heroes Sunshine Week Contest Deadline Fast Approaching

The ASNE Local Heroes Sunshine Week contest deadline is Friday, February 26.

Nominate someone in your area who made a difference last year by fighting to make public institutions more open and accessible.

The first-place winner will be honored at the 2010 ASNE Convention in Washington, DC. The second- and third- place winners will receive $500 and $250, respectively.

The nomination form is available here.

Knight FOI Fund Awards its First Funds

With the newly created Knight FOI Fund, the National Freedom of Information Coalition is helping Florida citizens seek answers to important questions of FOI law, including the scope of public access to economic development documents in Sarasota and whether handwritten notes used by a government official during a public meeting are subject to disclosure.

The Knight FOI Fund provides up-front costs such as court costs, filing fees, depositions, and initial consulting fees for FOI cases that would otherwise go unfiled. The economic crisis and the evolution of the news media revealed declining levels in FOI advocacy, which the Knight FOI Fund seeks to rectify. Applications for grants come from NFOIC member coalitions and are vetted by the NFOIC's Litigation Committee.

For more information, click here.

New Study Shows Online Open Government Efforts Drive Trust in Government

ForeSee Results conducted a quantitative assessment of online open government efforts by surveying more than 36,000 citizens on their reactions to 14 federal government Web sites. Researchers asked questions relating to how thoroughly the sites disclosed information about the agency, how quickly information was available online, and how accessible that information was on the sites. The answers then generated a transparency score.

The top-ranked agencies included the Agriculture Department's Center for Nutrition Policy and Promotion, the Health and Human Service Department's National Mental Health Information Center, the State Department's Bureau of Consular Affairs, and the main site of the General Services Administration.

For more information, click here.

Police Disciplinary Records Are Public Records in Columbia, Missouri

Boone County, Missouri Circuit Judge Kevin Crane declared the disciplinary records of a police officer open to the public under the city open records law adopted in July 2009 with the Citizens Police Review Board.

The ruling stems from a January 19 request made by The Columbia Tribune over an accusation that officers beat and shocked a man three times with a Taser during a December 2006 traffic stop. The Columbia police custodian of records located 97 pages of documents and eight disks of video responsive to the request. The Columbia Police Officers Association had tried to block the disclosure of disciplinary records.

For more, click here.

Illinois Lawmakers Seek to Undo Last Year's FOI Progress

Last year, Illinois lawmakers strengthened the state's freedom of information laws. This year, there are already more than six proposals to undo some of last year's progress.

The State Journal-Register reports the amendments include increasing the amount of money agencies can charge for public records to making attorneys' fees awards optional in cases where the requester prevails.

Two bills already passed limit public access, including one to create an online database to locate buried bodies, which is exempt from public disclosure, and one that bars disclosure of the evaluations of teachers, administrators, and superintendents.

Read more about it here.

Now Following Robert Gibbs on Twitter

White House spokesman Robert Gibbs joined Twitter last week. Gibbs said he'll "ask the lawyers" if his tweets are subject to the Presidential Records Act of 1978.

For more on the 140-character tweets of the press secretary, click here.

2009 Polk Award Winners

Long Island University announced its 13 George Polk Awards for 2009. A number of the recipients appear to have used FOIA and state open records laws in their reporting, including:

• The Bloomberg News team of Mark Pittman, Bob Ivry, Alison Fitzgerald and Craig Torres for their work to open the Federal Reserve Board's books on the bailout;
• Raquel Rutledge of The Journal Sentinel for investigating the fraud, waste, and criminal activity tied to the $350 million Wisconsin child-care system;
• George Pawlaczyk and Beth Hundsdorfer of The News-Democrat for an investigative series exposing cruel conditions in an Illinois "supermax" prison;
• A "60 Minutes" team of Steve Kroft and Leslie Cockburn for a segment detailing Wall Street's influence in speculative oil transactions;
• Kathy Chu of USA Today for a series showing how banks and credit-card issuers used unscrupulous practices and fees to gauge billions from customers;
• Charlie Reed, Kevin Baron and Leo Shane III of the independent military newspaper Stars and Strips for exposing the Pentagon's secret use of a PR company to steer reporters to "positive" coverage of the war in Afghanistan;
• David Grann of The New Yorker for an investigative report challenging the evidence against Cameron Todd Willingham, who was executed in 2004 after being convicted of setting a fire that killed his three young daughters;
• Abraham Lustgarten of ProPublica for investigating the potentially carcinogenic effects of hydraulic fracturing, a natural gas drilling process.

For more about the Polk Award winners, click here.

Ugandan Ruling Shows Difficulty in Establishing Freedom of Information in Sub-Saharan Africa

A Ugandan judge has ruled that reporters from Uganda's leading independent newspaper had not proved there was public benefit of disclosing certified copies of oil exploitation agreements. The journalists, along with the Open Society Institute's East Africa Initiative and Human Rights Network Uganda say they are considering an appeal of the ruling.

The journalists had argued the information was of interest to Ugandans seeking to hold the government and its partners accountable for multinational oil deals.

The ruling comes ahead of the African Regional Conference on the Right of Access to Information, an event featuring media leaders, press freedom advocates, officials, and former U.S. President Jimmy Carter.

For more information, click 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.

Video and Reports of Former Utah State Senator's DUI Arrest to be Public

The Utah State Records Committee will release the three-hour long dash-cam video of former Utah state Sen. Sheldon Killpack's arrest for allegedly driving drunk. They will also release the Utah Highway Patrol's incident report. However, the release of the public records could be delayed by up to a month as the records committee has five days to sign an order stating its decision, and the Department of Public Safety has 30 days within which to appeal to the district court.

The Salt Lake Tribune reports that Killpack was stopped at 12:17 a.m. on January 15 and failed field sobriety tests. After Killpack refused a Breathalyzer test, a blood draw showed his blood-alcohol content at 0.11, which is above the legal limit of 0.08. Killpack resigned his political office the next day, and was charged with DUI and failure to signal.

For more information, click here.

Transparency or Financial Stability? The Arguments in Bloomberg v. Fed

The New York Times brings this fascinating account of the legal wranglings of Bloomberg News against the Fed for information pertaining to the Bailout. Described as a "principled grudge match," the feud over the financial news giant's FOIA requests has the Fed arguing that the information sought could cause stigmatization of certain banks, potentially bank runs, and could jeopardize the government's efforts to stabilize the economy, while Bloomberg argues it is seeking transparency in order to fulfill its watchdog role.

Idaho House Committee Considers Hunter Identity Protection Bill

Idaho's House Resources and Conservation Committee is considering a bill to protect the identity of wolf hunters who kill a wolf in the state.

IdahoReporter.com says the issue arose after wolves were de-listed under the Endangered Species Act. During a wolf hunt, anyone who killed a wolf was required to report it to the state's Department of Fish and Game in order to keep an accurate quota measurement. The kill reports were obtained by public records requests, and the names of the hunters were posted on the Internet.

For more on why critics say the privacy bill is a violation of freedom of speech and information, click here.

Washington Senate Votes to Make Voter Petitions Public Records

Washington Senators voted 28-20 to make voter petitions public records, including the names and addresses of people who sign initiatives and referenda.

In January, the U.S. Supreme Court said it will decide whether the people who signed Referendum 71 petitions should have their names publicly disclosed. Referendum 71 sought to overturn an expanded gay rights law.

For more about the bill, click here.

Editorial: "Public Records are Public Records"

Recent assaults on police officers have spawned proposed bills in the Washington legislature that would prohibit a law enforcement officer's month and year of birth and official photograph from being disclosed to the public, although the news media would still have access to it.

The Spokesman-Review editorializes that such a strategy is an unacceptable precedent and that the media should not have selective privileges. Instead, public records should remain public records.

For more, click here.

Mexico Tries to Weaken its Transparency Law

Mexico's Interior Department has made suggestions to weaken the country's Law of Access to Public Information, which has been in force since 2002.

The Interior Department has proposed changes that would allow government offices to refuse to hand over data or to turn to the courts if they believe a request affects national security, defense, foreign relations, the economy, the money supply, or if it threatens "the life, security, or health of any person."

For more about the consequences of the so-called reform effort, click here.

Critics Say Using Confidential Informants Compromises Judicial System

Critics of the government's use of confidential informants are calling for more safeguards and guidelines to establish accountability against the secrecy of having thousands of informants on the government payroll. Despite guidelines established by the DOJ and the FBI, a 2005 Inspector General report shows that in 85% of the cases reviewed, the guidelines weren't followed.

Loyola Law School professor Alexandra Natapoff has authored a news book, Snitching, in which she says informants commit all sorts of crimes that compromise the judicial system and betray the national integrity.

Read more here.

Examples of Information Obtained Using FOIA

AnnArbor.com has compiled news stories that were based on FOIA requests, including thousands of 9/11 photos obtained by an ABC News reporter who was reading the Federal Register. The list also includes a status update on several pending FOIA requests.

Check it out here.

Washington Considers Removing Officials' Photographs from Public Records

In the wake of the deaths of four Lakewood, Washington police officers, the state's House and Ways and Means Committee voted to remove from public records photographs and birth dates of police, court and corrections employees.

Newspaper representatives say the bill would make it harder for the press not only to investigate where tax money goes and what lies in officials' pasts, but also to get images from the cameras that record police traffic stops or violent incidents inside jails or prisons.

Read more here.

Wyoming City Council Meeting May Have Been Illegally Closed

Three Cheyenne, Wyoming council members say part of a January 11 closed executive session was an illegal violation of the state's open meetings law. But city attorney Dan White disagrees, saying the meeting was closed so that he could update the council on ongoing lawsuits and settlement negotiations. He claims the meeting was exempt from the open meetings law, relying on the litigation clause and the exemption "to consider or receive any information classified as confidential by law," including attorney-client privileged information.

At issue is whether the city attorney could meet with the governing body in a closed meeting to discuss potential litigation. The Wisconsin Supreme Court has not yet addressed this issue.

For more, click here.

Yale Law School Launches Media Freedom and Information Access Practicum

Yale Law School has announced the launch of a Media Freedom and Information Access Practicum (MFIA). Law students aim to use litigation and policy work to increase government transparency. MFIA is an initiative of Yale's Information Society Project and the Knight Law & Media Program.

For more information, click here.

Circular Logic and "Hypothetical" Privacy Concerns

Roll Call had an interesting FOIA experience leading up to the big DC snowstorms. In a paralyzing blizzard of its own making, the U.S. Customs and Border Protection responded to Roll Call's request for passenger manifests for flights on government airplanes by responding that it couldn't release those names until Roll Call first got those people to sign a waiver allowing customs to release their names.

As Roll Call notes, "In other words, [Customs is saying] we are prohibited from telling you who those people are until you contact them and get them to authorize us to tell you who they are."

If that circular logic isn't enough, Customs also noted that its response was not a denial, but a notice of a deficient request, which cannot be appealed.

For more on the Air Force's response to a similar request, click here.

Washington Open Records Office Bill Dies in Committee

A Washington Office of Open Records won't happen this year.

A bill to create a dispute resolution center for open government issues died in committee last Friday. It carried a $1.3 million price tag at a time when the state government faces a budget deficit.

Read more about it here.

Reed Anfinson to Receive John R. Finnegan Freedom of Information Award

The Minnesota Coalition on Government Information will honor Reed Anfinson, publisher of the Swift County Monitor-News, with the 2010 John R. Finnegan Freedom of Information Award on March 16 at the Minneapolis Central Library.

Anfinson is a journalist and an advocate for open government at the local, state and national levels. He has testified frequently before the Minnesota Legislature and the U.S. Congress on Freedom of Information and First Amendment issues.

He has co-chaired the Minnesota Newspaper Association's legislative committee and chairs the National Newspaper Association Government Relations Committee. In 2012 Anfinson will become president of the National Newspaper Association.

Virginia Bill to Curtail FOIA Harassment is Threat to Transparency

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

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

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

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

Wisconsin Interscholastic Athletic Association Faces Pressure to Open Up

The Wisconsin Interscholastic Athletic Association (WIAA), a 114-year old institution that sanctions high school athletics and runs post-season state championship tournaments, is coming under pressure to open up and abide by state open government laws.

A proposed law is moving through the state Assembly that would prohibit school districts from belonging to an interscholastic athletic association unless the association abides by state open records and meetings laws. The measure would force the WIAA to either grant access or lose members.

The WIAA maintains it is a private organization and not subject to state open records laws.

For more on the dispute between the WIAA and a local judge and longtime track official that lead to the proposed legislation, click here.

E-mails Show Palin's Husband Involved in State Business

MSNBC.com and NBC News obtained nearly 3,000 pages of e-mails that Todd Palin, former Alaska Governor and Vice Presidential nominee Sarah Palin's husband, exchanged with state officials. The e-mails show the "First Dude" was involved with a judicial appointment, monitored contract negotiations with public employee unions, received a background check on a corporate CEO, and added his opinion to state board appointments. He also passed "confidential" financial information from his oil company employer to a state attorney.

The e-mails are available here on msnbc.com's online archive, and they are asking the public to help with the document review. "We're still going through the documents, and invite readers at msnbc.com to search for themselves, connect the dots with public issues, and send us an e-mail with your own analysis," writes investigative reporter Bill Dedman.

Former North Carolina Governor Had Secret E-mail Account for State Business

In depositions stemming from a public records lawsuit against former North Carolina Governor Mike Easley, an aide testified that Easley kept a secret e-mail account and used it for state business. Former communications director Sherri Johnson said the e-mail address was "Nick Danger" spelled backwards in a likely reference to a fictional, satirical private eye. Johnson testified the backwards part was because Easley's learning disability left him writing backwards.

Public information officers also testified that the Easley administration instructed workers to delete e-mails and to use the telephone for sensitive issues.

For more, click here.

New Hampshire Affirms Right-to-Know Law

The New Hampshire Supreme Court ordered an umbrella organization representing municipalities and schools to release individual salary records to a firefighters' union that tracks the organization's use of taxpayer money paid for health insurance.

Affirming the state's Right-to-Know Law, a unanimous court said public access gives direct insight into the operations of a public body through scrutiny of wages paid to particular job titles.

"Public scrutiny can expose corruption, incompetence, inefficiency, prejudice and favoritism," Chief Justice John Broderick wrote.

Read more here.

OMLN Partners with NFOIC

The Berkman Center's Online Media Legal Network (OMLN) is partnering with the National Freedom of Information Coalition (NFOIC) to assist with freedom of information lawsuits and to provide online journalists with FOI information and assistance.

The NFOIC received a $2 million, three-year grant from the John S. and James L. Knight Foundation to launch the Knight FOI Fund and support open government groups by funding up-front litigation costs, such as filing fees, depositions and initial consultation fees if attorneys are willing to take FOI cases that would otherwise go unfiled.

Read more about the partnership here.

FBI Investigated Late Rep. Henry Hyde

FBI files obtained by Gawker using the FOIA show that the late Rep. Henry Hyde (R-Ill.) was investigated for four years by the FBI. Hyde represented a west suburban Chicago district and chaired the House panel that impeached President Clinton.

Read more here.

University of Illinois Sued Over Admissions Clout Lists

The Chicago Tribune has sued the University of Illinois for information explaining why applicants were placed on admission clout lists, specifically the names of applicants' parents and identities of the patrons who advocated on behalf of the applicants.

The university has refused to provide the information to the newspaper, saying the Family Educational Rights and Privacy Act prevents its disclosure.

Read more about the lawsuit here.

Michigan Court of Appeals Asks Legislature to Update the State's FOIA

In a "friendly" lawsuit set up to determine whether emails from teacher union leaders are public records if they are contained in a school district's computer system, the Michigan Court of Appeals said no, they are not.

The Court also asked the Legislature to clarify and update the state's 33-year old Freedom of Information Act to address electronic records. Judges Mark J. Cavanagh, E. Thomas Fitzgerald and Douglas B. Shapiro wrote that the case presented a "difficult question requiring that we apply a statute, whose purpose is to render government transparent, to a technology that did not exist in reality (or even in many people's imaginations) at the time."

Read more about the decision here.

Proposed Iowa Public Information Board Being Considered

Iowa State Sen. Pam Jochum (D-Dubuque) is proposing a new state agency called the Iowa Public Information Board that would aid citizens with access to public records, assist local governments interpret open records laws, and aid in enforcement if a government agency has violated the law or mediation isn't successful.

Jochum says funding is an issue for the state. She proposes a five-member panel be appointed to outline the agency and the functions of the executive director. The Iowa Freedom of Information Council has offered to cover the $6,000 expenses for the exploratory panel.

Read more about the proposed agency here.

Records Show Who Wanted to be the New USF Football Coach

The Tampa Tribune filed a public records request to find out who applied for the University of South Florida head football coach position after the university dismissed former coach Jim Leavitt.

Although Skip Holtz got the job, records show that the university received materials from coaches all over the country who were interested in the position, but not from Holtz.

Click here to find out who applied for the spot.

Wisconsin Bill Proposes to Remove Certain Court Records from Public Access

A Wisconsin Assembly committee is considering a bill that would remove public access to online information about pending court cases or cases where a person was found innocent or there was no civil liability, including cases where orders or charges are reopened, vacated, set aside or overturned on appeal.

Proponents of the bill say online access to court records creates an opportunity for employers, landlords and others to discriminate against individuals who were accused, but not convicted of any wrongdoing.

Critics say the bill is an insult to the public, and note that the information is publicly-available at the courthouse.

The bill would permit access to the records by judges, court officials, law enforcement officials, attorneys, accredited journalists and bill collectors.

Read more here.

New Jersey Supreme Court Makes City' Confidential Settlement Public

The New Jersey Supreme Court ruled that an out-of-court settlement of a sexual harassment lawsuit is a public document. The Asbury Park Press and John Paff of the Open Government Advocacy Project made a request under the state's Open Public Records Act for the settlement document of a lawsuit brought against Monmouth County officials. The Board of Freeholders refused, citing a confidentiality agreement among all parties. The Court rejected those grounds.

Read more here.

Proposed Law Would Extend FOIA Reach to Private Prisons

Congress is considering proposed legislation to extend the Freedom of Information Act to private prisons that contract with government agencies. At present, the companies that run private prisons say they are not subject to FOIA because they are not public agencies.

Read more about H.R. 2450 here.

Connecticut Considers Restricting Inmate Access to Open Records Laws

Connecticut may restrict prison inmates from using open records laws to get personal information to harass or threaten their guards, prosecutors, or other inmates. Washington, Arkansas, Michigan, Virginia, New Jersey, Texas, Louisiana, Wisconsin, Kansas, Alabama, Georgia and Arizona have laws that limit or block inmate access to state open-records laws.

Connecticut prison guards are concerned about the requests of Richard Stevenson, who is serving an 86-year sentence for sexual assault and who is seeking off-duty arrest records for more than 100 guards.

Read more here.

Mississippi Student Faces Costly Hurdles in Public Records Assignment

A journalism student at the University of Mississippi learned how hard and expensive it can be to obtain public records.

The senior attempted to obtain two city budgets from Oxford, Mississippi, but the fees estimates changed from week to week, ranging from $30 to $96.

Click here to read how city officials admitted to charging more for records to slow down the process when the city is "inundated" with requests. Another city official says it receives "about six" requests per year.

Washington Post and Obama Disagree Regarding Administration's Open Government Track Record

The Washington Post reports that 319 lawsuits were filed under the Freedom of Information Act during Obama's tenure in the White House so far, and plaintiffs complain that little has changed since the Bush administration in terms of openness, despite Obama's promise that his administration would be the most open in history. The paper reports that 278 records suits were filed in 2007 and 298 in 2008.

But the White House responded, contradicting the report and saying that 22 fewer FOIA cases were filed in 2009 than 2008, and the Department of Justice has granted 13% more FOIA requests in 2009 than it did during the Bush administration.

U.S. Supreme Court to Hear Washington Referendum 71 Petition Dispute

The U.S. Supreme Court will hear Doe v. Reed, the case to determine whether the names of Washington voters who signed a ballot petition for Referendum 71 can be made public. The referendum sought to overturn expanded rights for same-sex couples, and supporters of gay rights filed a public records request for the names of those who signed the petition. Referendum sponsors objected, saying the signers would be harassed.

Meanwhile a Washington state legislative committee is considering competing bills over the dispute. One would provide an exemption to the state's Public Records Act for the names and addresses on initiative or referendum petitions; the other would declare them public records.

Read more here.

Virginia Bill Would Add Another FOIA Exemption

A bill pending in the Virginia General Assembly seeks to exempt all records generated by campus threat assessment teams from the state's Freedom of Information Act.

The University of Virginia supports the legislation, saying it would allow teams to discuss potential threats to campus safety openly and would allow campus mental health providers and law enforcement officials to share confidential information.

Open government advocates disagree, cautioning the measure would make it more difficult to hold public officials accountable and identify any gaps in the campus security system if an incident were to occur.

Read more about the proposed bill here.

SEC Treated AIG Bailout Document Like a Matter of National Security

Emails turned over by the New York Federal Reserve to the House Committee on Oversight and Government Reform reveal that the U.S. Securities and Exchange Commission originally treated the New York Fed's request to keep secret details of the American International Group (AIG) bailout like a request to protect matters of national security.

Reuters reports that the New York Fed was only comfortable with AIG submitting a bailout-related document tot he SEC after it received assurances that "special security procedures" would be used to handle the document. The SEC also agreed that only two SEC employees would review the document and it would be kept in a locked safe.

For more on the protective measures of the AIG bailout details, click here.

Testing Illinois Localities on FOIA Compliance

The Herald-News did an interesting test of state and local government response times to new Illinois FOIA laws, which took effect January 1. The news organization sent FOIA requests to more than 100 local towns, school districts and counties, seeking information on where taxpayer money is being spent.

Check out the results here and an interactive feature here.

Alaska Judge Rules in Favor of Palin; State Business May Be Conducted through Private Email Accounts

An Alaska judge ruled in favor of former Gov. Sarah Palin in a lawsuit that urged that Palin and the governor's office had a responsibility to save email messages related to state business, even if they were sent through private email accounts.

In the ruling, Judge Patrick J. McKay of Anchorage Superior Court writes that, "The language in our case is clear — the Legislature simply chose to give state agencies some discretion in determining which e-mails are worthy of preservation and which are not." McKay noted that the statutes as currently written allow Alaska's state business to be conducted through private email accounts.

Read more here.

Delaware House Considers Setting a 10-Day Compliance Deadline for State FOIA Requests

Delaware Online reports that a Delaware House committee has approved a bill giving public agencies 10 days to respond to public records requests as a way to help correct existing FOIA law in Delaware that does not set a compliance deadline for FOIA requests.

The bill will be considered by the full Delaware House.

Click here for more information.

Short Documentary Film Traces First Year of Obama's Open Government Initiative

Check out this video from Delib. It's a short documentary about the first year since Obama's Open Government memorandum and features interviews with such insiders as Beth Noveck, Tim O'Reilly, and Jeffrey Levy, among others.

Proposed Law Could Limit Public Information in Mississippi

A Mississippi state representative is proposing a bill to ban businesses and government agencies from sharing personal information about employees, including their work telephone numbers or email addresses, a move that could make Mississippi less responsive to the public.

Read more about House Bill 691 here.

Illinois Police Officer Fell Asleep, Crashing Car Into Home's Foyer

Records released pursuant to a FOIA request reveal that a Wheaton, Illinois police officer fell asleep at the wheel of her squad car in September, causing her to crash the car through the front door of a house at 4 a.m.

Although no one was injured in the accident, the records show the officer said she fell asleep, but woke upon impact and believed she hit the gas pedal, accelerating through the front door.

The unnamed officer faces a possible suspension and disciplinary hearing after the city determines how much it will cost to repair the home. The officer's identity was redacted from records because of a clause in the contract between the union and the department.

Read more here.

Records of Alleged Sexual Assaults by a Former NC Police Officer Ordered to be Released

A Mecklenburg, NC judge has ordered the release of all 911 tapes and police radio communications associated with former Officer Marcus Jackson, who was arrested and fired after several women accused him of sexually assaulting them during traffic stops.

Superior Court Judge Richard Boner ruled the recordings are public records subject to disclosure, and did not find that the release of the recordings would jeopardize the state's prosecution of the former police officer or his right to a fair trial.

For more information, click here.

Federal Agency Datasets Now Available; Interactive Transparency Tracker Marks Progress

Federal agencies have posted nearly 300 new sets of raw data online as part of the Open Government Directive.

Click here for ProPublica's interactive chart, the Transparency Tracker, which provides an independent assessment of the federal agencies' efforts toward more open governmental transparency

Indiana House Considers Restricting Access to Gun Owner Information

The Indiana House of Representative will consider a bill to restrict access to information about handgun permit holders, including a prohibition against the release of names, addresses, and other information about the gun owners.

More here.

Sen. Kerry Pushes for Release of King Records

Senator John F. Kerry (D-Mass.) has introduced legislation that would require all records relating to the life and death of Rev. Martin Luther King Jr. to be located, reviewed and released by a National Archives review board. The legislation is part of a larger movement to force the release of information about violence against blacks during the civil rights era, including unsolved lynching and bombing cases.

Read more about it here.

Oklahoma Bill Would Exempt Government Employees' Birth Dates from Public Disclosure

An Oklahoma state legislator has filed a bill that would exempt government employees' birth dates from the state Open Records Act, which critics say would make it virtually impossible to identify state employees and determine if they have committed crimes, avoided taxes, filed for bankruptcy or made political contributions.

The Oklahoman has reported that more than 250 Oklahoma City and Oklahoma County employees match those of registered sex offenders, though the paper isn't able to confirm identities because city and county officials have refused to disclose their employees' birth dates.

The state attorney general recently opined that birth dates are presumed open and may only be withheld on a case-by-case basis upon a showing that the disclosure would amount to an unwarranted invasion of privacy.

Read more about the proposed legislation here.

West Virginia Supreme Court to Hear Important FOIA Case

The West Virginia Supreme Court has made two important decisions regarding FOIA cases.

In one, the Court declined to reconsider its decision not to force the release of former Justice Spike Maynard's email exchange with Massey Energy President Don Blankenship.

In the other, the Court will hear a full appeal of a FOIA case from Jefferson County wherein The Shepherdstown Observer is trying to force the release of persons who signed a zoning petition. The case considers a lower court ruling's that allows state and local agencies to withhold documents that were submitted to them.

Read more here and here.

Virginia Bill Would Block Public Access to Concealed Handgun Records

A Virginia state representative is sponsoring legislation that would prohibit a clerk of court from providing public access to concealed handgun permit applications and information without the written consent of the applicant or permittee.

Currently, individuals records are open for inspection at the courthouse of the locality that issued the permit, but the state does not maintain an electronic database.

Read more about the proposal here.

Illinois Legislators Move to Exempt Teacher Performance Records from Public Disclosure

Illinois legislators passed a bill exempting performance evaluations of teachers and school administrators from public disclosures. Lobbyists for the teachers' unions had urged the change to the sweeping overhaul to the state's FOIA enacted five months ago, contending that performance evaluations are private and their disclosure would interfere with the evaluation process. Open records advocates disagree, saying it's in the public interest to know whether teachers or school administrators are substandard in their performance.

Get more information here.

Proposed Law Would Force Wisconsin's Athletic Association to Comply with Open Government Laws

The Green Bay Press Gazette reports that a proposed bill before Wisconsin's Assembly would prevent public schools from joining athletic associations unless the organizations adhere to state open records and open meetings laws.

Read more about it here and an editorial here.

Washington Open Records Office Gains Gubernatorial Support

Washington Governor Chris Gregoire says she supports the creation of a new Office of Open Records, but doubts that it can happen this year given the state's $2.6 billion budget deficit. The proposed Office of Open Records would serve as a dispute resolution center for open government issues. While Gregoire said the proposed office's $1.3 million price tag is too steep for the state now, she said state and local governments should be given more training on open government laws.

Read more here.

CREW Files Suit to Obtain SEC Reform Documents

The legal watchdog group, Citizens for Responsibility and Ethics in Washington ("CREW"), filed a lawsuit seeking a court order that would require the SEC to provide documents the organization sought under FOIA on October 6. The group seeks records showing that the agency has implemented promised reforms in the wake of the Bernard Madoff Ponzi scheme.

The SEC says it has not yet provided the records because of the voluminous requests, but a spokesperson says they expect to release documents regarding the reforms later in January.

Get more information here.

Georgia State Attorney General's Office Requests Criminal Investigation of Former DOT Treasurer

The Georgia state attorney general's office has asked the Georgia Bureau of Investigation to conduct a criminal investigation of former DOT treasurer Earl Mahfuz. The Atlanta Journal-Constitution obtained the October 28, 2009 letter seeking the GBI investigation through a Georgia Open Records Act request.

The letter asks the GBI to determine whether Mahfuz instructed DOT employees to stop recording contracts before the end of fiscal year 2008 and whether Mahfuz lied to investigators about the unrecorded contacts, which total $153.4 million.

Read more here.

Nice look at federal secrcey from an FOI warrior

Jon Wiener, the author of, among other books, "Gimme Some Truth: The John Lennon FBI Files," wrote this for the Los Angeles Times.

New Vick Dogfighting Docs Released

The United States Department of Agriculture, in response to a Freedom of Information Act request by WSBTV.COM, has released hundreds of pages of new evidence in its high-profile investigation of NFL quarterback Michael Vick.The newly released documents include summaries of interrogations conducted by federal investigators with member of Vick's dogfighting ring and with confidential informants in the case.

Story here.

The Robert Jackson Steering Committee Seeks Bush-Era Legal Memoranda Regarding Torture

On Thursday, January 7, an organization of attorneys, journalists and advocates filed a FOIA request for the DOJ's Office of Professional Responsibility's report regarding the conduct of President Bush's top lawyers in the Office of Legal Counsel who authored memoranda purporting to authorize torture and aggressive war. The request also seeks a 10-page rebuttal of the 2008 report by then-Attorney General Michael Mukasey.

See the request and transmittal letter here.

Columbia Journalism Review Rates Obama's First Year on Transparency Issues

The Columbia Journalism Review has issued its report card on Obama's first year in office, grading him on transparency and access issues and finding there's still plenty of work to be done.

Click here to see Obama's marks on use of the state secrets privilege, FOIA, the Open Government Directive, online data, White House Visitor Records, a journalist's shield law, and background briefings.

Palin Used Personal E-Mail Account for Public Business

The Alaska Dispatch has published a two-part series on former Alaska Gov. Sarah Palin's attempt to divide her public and personal life by using two different email addresses while in office. Except, it turns out the dividing line wasn't so clear-cut; for example, she discussed hiring for public positions with other government officials on the Yahoo e-mail account because "everyone and their mother will be able to read emails that arrive via that state address."

For more, click here.

Pressure Builds to Make Secret Chemicals Known

The Washington Post reports lawmakers are facing pressure to make it more difficult for manufacturers to keep chemical compounds a secret. Under the 1976 Toxic Substances Control Act, manufacturers must report new chemicals they intend to market to the federal government, but the law exempts from public disclosure any information that could be considered trade secrets. Practically speaking, that means 20 percent of the 84,000 chemicals in commercial use in the United States are kept secret.

Critics, including the Obama administration, say consumers should know what toxic substances they might be exposed to. Congress is expected to rewrite chemical regulations this year.

For more information, click here.

Federal Agencies Need Not Confirm or Deny Electronic Surveillance under FOIA

The U.S. Court of Appeals for the Second Circuit affirmed that the National Security Agency and the Department of Justice do not need to confirm or deny the existence of electronic surveillance records under FOIA. The appellate court found that federal agencies are allowed to file "Glomar" responses, which were first judicially recognized in 1976 and grant an agency express refusal to even confirm or deny the existence of any records responsive to a FOIA request in the national security context.

The lawsuit was brought by advocates for former Guantanamo Bay detainees after the agencies invoked FOIA exceptions to information request regarding warrantless electronic surveillance conducted by the Terrorist Surveillance Program.

Get more particulars here.

Federal Law Restricts Public Access to Gun Shop Inspection Records

As part of its investigation into the West Milwaukee gun store known as Badger Guns & Ammo, Badger Outdoors and Badger Guns, the Milwaukee Journal Sentinel has sought records to determine the compliance history of these gun dealers whose guns were used to wound six officers in Milwaukee over the past two years.

But the papers efforts have been stymied by a law that strictly limits what information the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives can release on gun shop inspections. The law requires heavy redaction of inspection documents and a limit of the ATF's release of gun trace data.

Read more about the law's effect on law enforcement here.

Posts Made on Social Networking Sites Are Public Records

Wisconsin Attorney General J. B. Van Hollen issued an opinion in which he states that electronic communications made by elected officials are public records, even when they are posted on social networking site. Van Hollen states that the Wisconsin Public Records laws applies whenever the content is connected to the official's purpose or function.

Get more info here.

Contracts Obtained by FOIA Requests Show Football Coaches Rewarded for Performance, Not Academic, Successes

No surprise here. The San Francisco Chronicle obtained contracts from 70 public universities playing big-time football to see how "performance-based" bonuses compared to bonuses given to coaches for their players' academic achievement. On the whole, the paper found that the contracts are quite specific in the monetary rewards of winning on the field, but are much more vague when it comes to academic achievement bonuses.

For specifics on the contracts, including the coaches of University of Florida and UCLA, click here.

New Knight Foundation Grant to Fund FOI Advocacy

The John S. and James L. Knight Foundation has approved a new $2 million, three-year grant to the National Freedom of Information Coalition to launch the Knight FOI Fund and support state open government groups.

In light of the declining levels of FOI advocacy due to the economic crisis and the evolution of the news media, the Knight FOI Fund will fund litigation costs, such as filing fees, deposition costs, and initial consultation fees, if attorneys are willing to take cases that otherwise would go unfiled. Additionally, the NFOIC will offer sustainability and project grants for state FOI coalitions, with a call for new grants to be made in the spring of 2010.

Read more information about the Knight FOI Fund and the underlying need for the new funding here and here.

Obama Issues New Executive Order for Classified Documents

President Obama's recent executive order and accompanying presidential memorandum declares that "no information may remain classified indefinitely." The executive order is part of an overhaul of the executive branch's system for protecting classified national security information.

The executive order requires agency heads to conduct a periodic review of the agency's classification guidelines to ensure that classified information that no longer requires protection can be declassified.

Obama also eliminated a 2003 rule by the Bush administration that allowed the leader of the intelligence community to veto decisions by an interagency panel to declassify information. Under the Obama rule, spy agencies who object to a decision will have to appeal to the president.

Obama also established a new National Declassification Center at the National Archives to streamline the process of declassifying historical documents and set a four-year deadline for processing a 400-million page backlog of such records, including archives relating to military operations during World War II and the Korean and Vietnam Wars.

For more information, see the New York Times article here.