Editor's Note

The FOI Advocate is a compendium of ideas, edited story excerpts and other materials from a variety of Web sites, as well as original concepts and analysis. When the information comes directly from another source, it will be attributed and a link will be provided whenever possible. The blog relies on the accuracy and integrity of the original sources cited. We will correct errors and inaccuracies when we become aware of them.

Sunday, May 02, 2010

Judicial Watch: White House Visitor Logs are Subject to the FOIA

Judicial Watch, a public interest organization that has sued seeking White House visitor logs from January 20, 2009 to the present, is taking the Justice Department to task for a statement the Department made in an April 21 court filing. The Justice Department claimed White House visitor logs are not subject to the FOIA, arguing cases cited by Judicial Watch in its Motion for Partial Summary Judgment were "incorrectly decided" and that releasing the logs would compromise national security.

Judicial Watch maintained that the visitor logs are subject to FOIA as they are "created by" the U.S. Secret Service and that they remain "under agency control."

For more information, click here.


"Limiting Knowledge in a Democracy" Social Research Conference Rescheduled

The New School's Social Research Conference "Limiting Knowledge in a Democracy" has a rescheduled date, May 27, 2010, after heavy snowfalls canceled February sessions. The event features award-winning journalists, distinguished scholars, and policy makers who will examine how the U.S. government and other political and cultural institutions distort or affect the flow of information. Anthony Romero will speak.

For more information, click here.


Thursday, April 29, 2010

Alabama Governor Exempts 911 Recordings from Public Records Laws

Alabama Governor Bob Riley signed into law a bill that exempts 911 recordings from release under the state's public records laws. Only a court order will compel the disclosure of the audio tapes if the court first finds the public interest outweighs the individual's privacy interest. Transcripts of the 911 calls may be release for a "reasonable fee."

More here.

FOIA at Work: ABC Spent $228 Million Filming "Lost"

The Honolulu Advertiser used a FOIA request to discover that the ABC series "Lost" spent $228 million filming in Hawaii from 2006 to 2009 and employed an average of 973 people for each of the four years.

For more information, click here.

FBI Adds Electronic Form for FOIA Requests

The FBI has a new electronic form designed to make requesting information easier. In addition, the bureau has retooled it records website, including a guide for research in FBI Records.

Of course, filing a request has always been the easiest part of making a FOIA request of the FBI. George Washington University's National Security Archive has criticized the bureau for its high percentage of "no records exist" responses in 2008, and the low percentage of requests granted by the FBIA.

For more, click here.


Justice Scalia Says Democracy Requires "Civic Courage"

"Trust but verify, I like that," said U.S. Supreme Court Justice Anontin Scalia during the oral arguments in the case of Doe v. Reed, a case to decide whether the signature petitions to overturn Washington state's R-71 are public records and can be disclosed.

Justice Scalia's statements hint that the state public records law will prevail. He noted that voting was public for the first century of U.S. history, "you either did it raising your hand or by voice, or later, you had a ballot that was very visibly red or blue so that people knew which party you were voting for -- the fact is that running a democracy takes a certain amount of civic courage. And the First Amendment does not protect you from criticism or even nasty phone calls when you exercise your political rights to legislate, or to take part in the legislative process."

Click here for more, including transcripts of the oral arguments.

For more background on the case, click here.


Monday, April 26, 2010

Committee to Protect Journalists Says Obama's FOIA Approach Needs "Teeth and Muscles"

The Committee to Protect Journalists says the Obama administration's Open Government Initiative needs "teeth and muscles if the new promise is to produce any better results" than previous administrations.

Citing failures of the military to be forthcoming about various incidents, including the 2007 New Baghdad shooting where U.S. forces fired on Iraqi civilians, killing many, including two Reuters journalists. After the website WikiLeaks posted a classified video online on April 5, the Pentagon posted a redacted assessment of the incident, concluding U.S. troops fired "in accordance with the law of armed conflict and rules of engagement."

Read more here.

Thursday, April 22, 2010

Alabama Legislature Blocks Access to 911 Calls

The Alabama Legislature approved a bill to block access to audio portions of 911 calls to all but those involved in a call. A written transcript of the call could only be made public by court order.

The bill limits the ability to track the competence of 911 call center employees.

For more about the bill, click here.


Senate Judiciary Committee OK's Commission to Study FOIA Delays

The Senate Judiciary Committee approved a bill to establish a commission to study why thousands of requests for government information are backlogged, sometimes for years, and to study why FOIA exemptions have been increasingly cited by federal agencies to prevent the release of information.

The bill now moves to the full Senate for a vote.

Read more here.

Make Public Information Free and Online From Its Creation

"The test of right-to-know laws is the accessibility to the information that public officials don't want to give you," writes J.H. Snider in an opinion piece for The Washington Post.

Snider details the difficulties and struggles he's encountered trying to obtain public information from officials in Maryland.

He argues the state should adopt legislation that makes information online and free to the public from the moment of its creation. He also suggests document creation be separated from control. "Until now, the only practical option was to give the foxes control of the chicken coop; that is, creators of public records also had control of access to them," writes Snider. "But with the advent of the Internet, this argument no longer holds." An independent body could be used to archive and post materials online, suggests Snider.


Sunday, April 18, 2010

California Open Government Group Sues for Palin Contract

Californians Aware, an open government group, filed suite against California State University, Stanislaus, seeking the release of information related to a planned speech by Sarah Palin. The group would like the contract between Palin and the school nonprofit foundation, which the school says are exempt from the California Public Records Act.

Several CSU Stanislaus students retrieved portions of the contract from a trash bin outside the campus administration building. The document outlines perks like first-class airfare for two and luxury hotel accommodations. It also sets forth the manner in which pre-screened questions will be asked by a moderator. The amount of the speaking fee has not been disclosed.

Read more here.

New Mexico Attorney General Says Governor Potentially Violated Open Records Laws

New Mexico Attorney General Gary King says Gov. Bill Richardson's office may have violated the state's open records laws when it did not disclose the names of workers who lost their jobs, the agencies they worked for or their salaries in response to news media requests for that information. Richardson disagrees with the attorney general's opinion.

Read more here.

Betsy Russell Wins 2010 Max Dalton Open Government Award

Betsy Russell, a Boise reporter for the Spokesman-Review in Spokane, won the 2010 Max Dalton Open Government Award from the Idaho Newspaper Foundation. Russell has been president of the Idaho Press Club and chair of the Idahoans for Openness in Government since 2004. She also serves on the Idaho Supreme Court's Media/Courts Committee. Russell has worked to strengthen the state's open meeting and public records laws.

Read more here.

Could Better FOIA Response Have Averted the Massey Energy Mine Disaster?

A January 2010 inspection report covering the Massey Energy Upper Big Branch Mine in West Virginia shows a federal safety inspector saw a flawed ventilation system and was told "not to worry about it," reports The Huffington Post. The company was fined $70,000 for an "unwarrantable failure" to follow safety rules. The Charleston Gazette's Ken Ward Jr. first reported about the documents, which weren't released by the Mine Safety and Health Administration (MSHA) until more than a week after the April mine explosion.

The timing leaves journalists wondering if a more transparent MSHA could have averted the mine disaster. The Huffington Post reports how Ellen Smith, the managing editor of the Mine Safety and Health News newsletter, used to praise MSHA for its freedom of information work until the Bush administration used the 9/11 attacks as a reason to clamp down on information. Despite the Obama administration's emphasis on improved transparency, Smith thinks disclosure has gotten worse under Obama.

Read more here.

Kentucky Governor Allows School Boards to Evaluate Superintendents in Secret

Kentucky Gov. Steve Beshear reversed recent court decisions by signing into law a bill that allows school boards to deliver superintendent evaluations behind closed doors.

Read more from the Kentucky Open Government Blog here.

Friday, April 16, 2010

Kentucky Gets an "A" in Online Transparency for Government Spending Info

The U.S. Public Interest Research Group gave Kentucky top marks for effectiveness in providing online access to government spending information. Kentucky was the only state to earn an "A" in the category. Kentucky updates information twice daily on state agency budgets, salary information for state employees, and databases for grants, contracts, and line-item expenditures.

At least 32 states currently provide online access to government expenditures.

Click here for more information.



Georgia Senate Adds 911 Calls to Open Records Exemptions

In addition to crime scene photographs, the Georgia Senate also wants to exclude 911 emergency calls that reveal a victim's "personal suffering" from the state's Open Records Act. It was an amendment to the bill unanimously passed by the House that excludes crime scene photographs from the Open Records Act.

Read more here.


Holder Troubled by FOIA "Exceptions" used by Administration

Attorney General Eric Holder told the Senate Judiciary Committee he was troubled by the findings of The Associated Press regarding FOIA statistics that showed the administration was citing FOIA exceptions to withhold records more often, even as requests for information has decreased. He said he would find out why the use of exceptions has increased, despite President Barack Obama's directions for more openness.

Read more here.

Taking Pictures in the Dark

Ashley Welford-Costelloe is a 23 year-old journalism student at Conestoga College, and she's doing well in a required photography class. What makes her remarkable is that she's completely blind, too.

Read here to find out how someone who doesn't know what shadows look like can take pictures in a subject that is all about light.


Thursday, April 15, 2010

Massey Mine Disaster Investigation - Open or Closed to the Public?

The Charleston Gazette would like the federal and state investigations into the Massey Mine Disaster of April 11 to be public hearings. To allow investigative interviews to be conducted in the open, despite the U.S. Mine Safety and Health Administration's historic insistence that the proceedings be conducted behind closed doors. The question remains, will President Barack Obama's open government initiatives have any influence on the proceedings?

Read more here.

CJR Debate: What Should Remain Private in a World where Everything could be Public?

The Columbia Journalism Review challenged the blogosphere to debate the question: What should remain private in a world where everything could be public?

The question stems from the Georgia House's unanimous passage of a bill that prohibits all but credentialed press members from viewing crime scene photos. Even the press, though, cannot remove or copy the photos and must view them under the supervision of a Georgia Bureau of Investigations records custodian. Legislators moved to pass the bill after a Hustler true-crime writer made an open records request to view the autopsy report and crime scene photographs of 24 year-old Meredith Emerson, who was murdered while hiking near the Appalachian Trail in 2008. The photos are said to depict Emerson's nude, decapitated body.

The Columbia Journalism Review argues the issues raised by the crime scene photograph requests should be made on a case-by-case basis.

To join the debate, click here or post a comment to our blog.

Idaho Wolf Hunters Protected at Expense of Public Records Law

Idaho Gov. C.L. "Butch" Otter signed a law on April 8 that removes state-issued hunting permits, licenses and tags from the public record and that makes it illegal to "harass, intimidate or threaten" hunters via telephone, e-mail or website postings. The move of creating a public records exemption for a specific, small group sets a dangerous precedent and threatens to chisel away at transparency laws to where they become obsolete.

The Idaho law was prompted by the records request of a local activist who then posted the names of wolf hunters on a website.

For more information, click here.

Tuesday, April 13, 2010

Fraternal Order of Police Sues City of Jacksonville, Florida

The Fraternal Order of Police has sued the city of Jacksonville, Florida, over an 85-point public records request last fall that has gone unfulfilled. Among the records sought are e-mails from Mayor John Peyton's staff and City Council members regarding a proposed 3-percent pay cut for the police union and other unions.

The city says the records need to be reviewed by attorneys and redacted for negotiating strategy information.

For more, click here.

University of Texas Withholds Tax Docs, While Texas A&M Makes them Public

The University of Texas System, comprised of 15 academic and health campuses, is withholding its annual tax return filings pending a ruling of the Texas attorney general's office and an IRS audit of the system. In contrast, the Texas A&M University System says its tax return is a public record under state law, despite also being the focus of an IRS audit.

For more on these requests, click here.

ProPublica Gets Blocked Plane List

ProPublica obtained a list from a Federal Aviation Administration program that allows aircraft owners to block flight information from tracking websites. Among those who have asked to be placed on the list:

  • South Dakota Gov. Mike Rounds - The superintendent of the state's Highway Patrol said the aircraft was placed on the list for security reasons;
  • Aircrafts owned by an University of Alabama athletic booster club, the University of Florida, Penn State and the University of Mississippi;
  • Coby Brooks, the CEO of Hooters - the Hooters spokesman said they use the plane to conduct unannounced checks on restaurants; and
  • Televangelist Kenneth Copeland and his Eagle Mountain International Church in Newark, Texas.
For a more complete list of aircrafts on the special FAA list, click here.

Thursday, April 08, 2010

Surveillance Camera Performers

After Columbia, Missouri voters approved placing security cameras downtown, one resident started the COMO Surveillance Camera Players. The idea is to have the actors perform in front of the cameras and then make a Sunshine Law request for the video.

The group of more than a hundred envisions doing art, reading poetry, and making political messages for the downtown cameras. The group's leader, Shane Ferguson, says the performers themselves may discourage crime. "What criminals are going to go where there are a bunch of artsy fartsy things happening in front of a camera?" Ferguson asked.

Fore more, click here.

First Amendment Coalition Seeks Details of Palin and Clinton Speeches

The First Amendment Coalition has filed requests under the Public Records Act for the speaking contracts for Sarah Palin's planned appearance at a fundraising event for CSU Stanislaus in June and for Bill Clinton's speech at UC Berkeley in February.

For more about the legal issues raised by these records requests, click here.

St. Louis Post-Dispatch Obtains FBI Records on the Paper

The St. Louis Post-Dispatch obtained more than 1,200 pages of FBI records through FOIA requests, and the records show how the FBI under Director J. Edgar Hoover kept tabs on the newspaper.

Click here to see the documents.

Colorado School Board Ordered to Release Closed-Door Meeting Records

Former technology director Harriett White won a victory on several of her claims in a lawsuit against her former employer, the Brush School District in Colorado. A district court judge has ordered the school board to release complete or partial records from 11 closed-door meetings conducted in violation of the Colorado Open Meetings Law. The lawsuit touches on nearly every executive session held by the school board during 2009.

Get the details here.

U.S. Military Cannot Find Its Video to Authenticate Leaked Video

A spokesman for U.S. Central Command says the U.S. military cannot find its copy of a video showing two Reuters news agency employees being killed by Army helicopters in 2007. A leaked version of the video circulated the Internet and was posted on Wikileaks.org on the "collateralmurder.com" site.

The video includes audio of troops calling to "light 'em up!" and referring to the men as "dead bastards." An internal investigation concluded the troops acted appropriately, despite mistaking the camera equipment for weapons.

Click here for more information.


New Mexico Foundation for Open Government Awards Announced

The New Mexico Foundation for Open Government awarded state Rep. Janice Arnold-Jones the 2010 William S. Dixon First Amendment Freedom Award for her efforts to force webcasting at the state Legislature. Arnold-Jones won in the category for law and government.

Heath Haussamen of NMPolitics.net nominated Arnold-Jones, writing "it's rare for an elected official to stand up to a broken system in such a courageous manner and start a movement that so dramatically changes things."

Other award winners this year include Norman Becker, president and CEO of New Mexico Mutual; Winston Brooks, superintendent of the Albuquerque Public Schools; attorney Hal Simmons; and Robert B. Trapp, managing editor of the Rio Grande Sun.

For more about the awards, click here.


Round-up of the Sunlight Foundation's TransparencyCamp

The second annual TransparencyCamp highlighted several hot ways to mine government data. Check out these some of the websites discussed at the "unconference" for techie types and activists:

  • OpenCongress.org - the group tries to bring transparency to Capitol Hill
  • LittleSis.org - the answer to Big Brother, attempts to show ties between business and politics by serving as an "involuntary Facebook" where the public can post information
  • TheVoterGuideorg - builds "hyperlocal" online election guides
  • Data.gov and Recovery.gov - the sites try to make federal data about the Recovery Act accessible
Read more about the event here.

Wednesday, April 07, 2010

Legal Settlements Must be on Public Meeting Agendas

Nebraska Gov. Dave Heineman signed into law a measure to force governmental bodies to report legal settlements on their meeting agendas. The measure also says entities cannot use confidentiality agreements as an excuse to keep settlements secret.

The law was prompted by a secret $200,000 payment to an aide of a former Papillion mayor last year after the aide alleged former Mayor James Blinn had sexually harassed and assaulted her.

Read more here.

Federal Agencies Announce Open Government Plans

Federal departments and agencies released their Open Government Plans today. The Plains aim to make operations and data more transparent and increase opportunities for citizen oversight of the government.

Examples of each agency's "flagship initiative" include:

  • Department of Health and Human Services' Community Health Data Initiative: The department will provide a free, large-scale Community Health Data Set including downloadable data on community health care costs, quality, access, and public health.
  • Department of Energy's Open Energy Information Initiative: The department will make more than 60 clean energy resources and data sets, including maps of worldwide solar and wind potential, information on climate zones, and best practices available.
  • Department of Housing and Urban Development's Homelessness Prevention Resources Initiative: The department will develop tools to predict communities that are at risk so that resources can be allotted to prevent homelessness.
For more information, click here.




    Investigative Records into Six-Year-Old's Suicide Withheld

    The Yamhill County, Oregon, district attorney denied access to records of a police investigation into the death of a 6-year-old girl. The medical examiner concluded the child committed suicide, while the police detectives believed the death was an accident. The district attorney said there was no evidence of abuse or foul play.

    The McMinnville Police Department refused to release the investigation documents on grounds that the public records law allows documents to be withheld if releasing them would be a "highly offensive" invasion. District Attorney Brad Berry refused to release the documents on grounds that the public interest fails to outweigh the invasion of personal privacy to the family of Samantha Kuberski.

    State Department of Human Services officials say the girl is thought to be the youngest person to ever commit suicide in Oregon.

    For details of how the child died, click here.


    Diverse Groups Press Texas Energy Company for Increased Disclosure

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

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

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

    Read more details here.

    A $27,000 Price Tag to Know How Much Road Fight has Cost Taxpayers

    The Taxpayer Association of Kane County, Utah, was astounded when it received the estimated cost of its request for records regarding how much the county has spent battling the federal Bureau of Land Management regarding ownership of public roads in southern Utah -- $27,000 and a few years.

    The group does not take a position in the litigation over the removal of 31 BLM road closure signs on hundreds of public roads in 2003, but it does want to know how much the fight has cost the county. The taxpayer group requested information regarding how much money has been spent from the general fund; how much time county employees have spent on road projects; how much has been spent on private contractors; all attorneys fees; any costs for vehicles or equipment; per diem costs for associated travel; and any surveys and maps created.

    The Kane County attorney maintains the scope of the request is too broad and vague to merit a reasonable response in terms of cost and time, estimating it would take two paid researchers at least 1,500 hours to gather the information requested.

    For more information, click here.

    Oklahoma Sells Birth Dates as Legislators Try to Block Access

    While the state legislature considers restricting public access to birth dates of state employees, The Oklahoman reports that Oklahoma has made at least $65 million selling the same personal information from its motor vehicle records to private companies like NIC Inc., ChoicePoint/LexisNexis, Insurance Information Exchange, American Driving Records, and Acxiom Information Security Services.

    Read more here.


    University of Michigan Claims Open Meetings Act Unconstitutional

    As a defense to a lawsuit alleging that a February 3 meeting violated the Open Meetings Act, the University of Michigan Board of Regents is asserting that the law is unconstitutional. The meeting was allegedly held to discuss an NCAA probe into the university football program, and the school asserts the meeting was closed for attorney-client privileged communications.

    The university's brief argues the Open Meetings Act is an "unconstitutional infringement upon the Regents' autonomy and authority over the general supervision of the University of Michigan."

    Read more about the lawsuit and defense here.

    Saturday, March 27, 2010

    Washington Attorney General Argues No Right to Privacy for Petition Signers

    Gearing up for the April 28th hearing at the U.S. Supreme Court over the attempt to block the release of names of people who signed petitions to negate an expansion of gay rights, lawyers for Washington state filed briefs arguing that people who sign petitions have no right to privacy.

    In September U.S. District Court Judge Benjamin Settle ruled that releasing the petition names would violate the individual's constitutional right to engage in political speech anonymously. The Ninth Circuit Court of Appeals overruled the lower court's decision, declaring that petition signing is not an anonymous act and allowing disclosure of the signer's identities.

    The U.S. Supreme Court stayed the decision pending its ruling.

    Legal scholars anticipate the decision could have far-reaching effect on the state's initiative and referendum process as well as other open government laws, such as the disclosure of political campaign contributors.

    Read more here.

    New Bipartisan House Caucus Formed to Promote Transparency

    A 19-member bipartisan group of House Republicans and Democrats formed a congressional transparency caucus to promote laws requiring the free accessibility of federal information on the Internet. The caucus will work to educate peers and the public, legislate new policies, and oversee existing ones.

    For a list of the caucus members and their guiding principles, click here.



    Faster FOIA Act Proposed with Bipartisan Cooperation

    Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) introduced the Faster FOIA Act last week to create a bipartisan commission to investigate why federal agencies have delayed responses to information requests and to suggest ways to speed up responses.

    Agencies are supposed to answer requests within 20 business days, but often they take much longer. The Department of Homeland Security had a backlog of 18,918 FOIA requests at the end of 2009, and the Justice Department had nearly 5,000.

    Senators Leahy and Cornyn previously teamed up to enact the Open FOIA Act, designed to end the use of overly broad interpretations of the act's exemptions to deny requests.

    Read more about this display of bipartisan cooperation here.

    Detroit Free Press Wins Freedom of Information Award

    The Detroit Free Press won the 2009 Joseph L. Brechner Freedom of Information Award for exposing a pattern of abuse by former Detroit Mayor Kwame Kilpatrick that ultimately led to the mayor's resignation and jailing.

    The Free Press obtained more than 14,000 text messages sent to and from the city-issued pager of former Detroit chief of staff Christine Beatty. A three-month review of the messages showed that Beatty and Mayor Kilpatrick had lied under oath in a police whistle-blower case that cost taxpayers more than $9 million.

    Read more about the award here.

    Arkansas School District Hesitates to Provide Football Coach Evaluations

    Through the Arkansas Freedom of Information law, the Paragould Daily Press is seeking personnel records and evaluations related to the suspension of several assistant high school football coaches after a November 2009 overnight trip for a playoff game, but The Greene County Tech School District says releasing the documents would violate the coaches' right to privacy.

    Read more here.

    Thursday, March 25, 2010

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

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

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

    Read more here.

    Police Officer Pulls Gun on Complainant Inside Police Station

    WTAE Channel 4 obtained photos taken minutes after a Blairsville, Pennsylvania police officer pulled a gun on a man inside the police station while making a complaint against his landlord. Officer Janelle Lydic said Christopher Hall became enraged when she tried to escort him out of the police station.

    Click here to see the photos obtained through the open records laws.

    Wyoming School District Refuses to Hand Over Salary Information

    The Wyoming Tribune Eagle filed a lawsuit against Laramie County School District 1 for not complying with the newspaper's request for the names of employees and their salaries. The assistant superintendent for LCSD1 said he would be breaking a state law if he provided the information sought, referring to a statute that requires legal advertising of school district salaries by category.

    Laramie County School District 2 complied with an identical request.

    For more information, click here.

    Sunday, March 21, 2010

    House Oversight and Government Reform Subcommittee Examines How FOIA is Working

    Assistant professor in the University of Arizona's School of Journalism David Cuillier was one of eight witnesses called to testify to a U.S. House of Representatives committee on how well the FOIA is working. Other witnesses included the federal public records ombudsman, agency FOIA officers, and a litigator for the Electronic Freedom Foundation and expert records requesters.

    Read more here.

    Bloomberg Wins Appellate Victory in Suit for Bailout Details

    The U.S. Court of Appeals in Manhattan ruled in favor of Bloomberg in its suit against the Federal Reserve for access to bailout details, ruling the Fed must release records of the $2 trillion U.S. loan program.

    U.S. Circuit Chief Judge Dennis Jacobs wrote that the FOIA "sets forth no basis for the exemption the Board asks us to read into it. If the Board believes such an exemption would better serve the national interest, it should ask Congress to amend the statute."

    Read more about the decision here.

    Is There Such a Thing as Too Much Sunshine?

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

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

    Read more about these efforts here.



    Agency Demands $111,930 for Database Description

    The Transactional Records Access Clearinghouse (TRAC) filed a protest with the U.S. Citizenship and Immigration Services (USCIS), objecting to a demand that the university-based data research organization pay $111,930 for a description of the information in one of its databases. TRAC seeks a description of the agency's processing of requests for naturalization that it receives. The FOIA request had been pending without a response for nearly 4 years - 1,316 days.

    Read more about it here and here.



    Document Warns 9/11 Commission to "Not Cross the Line"

    Using the FOIA, The ACLU obtained a document wherein the 9/11 Commission was warned on Jan. 16, 2004, by high-level Bush administration officials to "not cross the line" in its investigation (see CIA4-007).

    Click here to read why some think the memo is a small part of a cover up to gag the 9/11 Commission from true fact-finding.

    Bank Regulators Received Bonuses

    The Associated Press discovered through FOIA requests that bank regulators received taxpayer-funded bonuses despite missing or ignoring signs the financial system would melt down. The bonuses ranged from a few hundred dollars to tens of thousands of dollars.

    Get more information here.

    Oklahoma Gubernatorial Candidates Support Applying Open Records Act to Legislature

    The Oklahoman reports all six candidates to succeed Oklahoma Gov. Brad Henry have said they support making the state's Open Records Act applicable to the Legislature.

    Oklahoma is one of only nine other states that have wholly exempted legislative records from open records laws. In some states, records maintained by individual lawmakers are considered confidential, but the records maintained by the legislative bodies and committees are open.

    Read more here.

    Urbana, Illinois School District Spent More Than $2.6 Million in Lawsuit Settlements

    The Bloomington Pantagraph used the Freedom of Information Act to get details about settlements entered into by the Urbana, Illinois school district, finding the school district has spent more than $2.6 million settling claims of students who were taught by now-convicted child molester Jon White.

    White is serving 60 years in prison for molesting nine girls at an Urbana school and two more in Normal.

    For more, click here.

    A Portrait of FOI Citizen Warrior Ned Sloan

    The Greenville News profiled Edward "Ned" Sloan, a "tenacious" FOI advocate who has sued various governmental entities so often he hasn't kept track.

    Sloan also founded the South Carolina Public Interest Foundation to sue governmental entities and to assist with public interest lawsuits brought by others outside of Greenville, South Carolina.

    Sloan said his lawsuits often start with a FOIA request for documents regarding public spending.

    For more about this citizen warrior, click here.

    Thursday, March 18, 2010

    Cutting Off Rights to Records for "Vexatious Requesters"

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

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

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

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

    Read more about SB2937 here.

    Getting Public Information Out of the Metal File Cabinets

    Rep. Steve Israel (D-NY proposed the 2010 Public Online Information Act, which he says is designed to take public information "out of the metal file cabinets and into the sunlight of the Internet." The measure would require each agency to create a searchable catalog of materials it makes publicly available, including where the records can be found, whether the records are available for free or for a fee, and a brief description of the records.

    More about the proposed POIA here.

    Wednesday, March 17, 2010

    Reed Anfinson Receives Freedom of Information Award

    Reed Anfinson received the Minnesota Coalition on Government Information's Freedom of Information Award. Anfinson is the publisher and owner of the Swift County Monitor-News and is the treasurer of the National Newspaper Association. He will become its president in 2011. He is also vice-president of the Minnesota News Council and has co-chaired the Minnesota Newspaper Association's legislative committee for 16 years.

    Read more about Anfinson and the award here.

    Michigan Refuses to Detail H1N1 Spending, Citing Anti-Terrorism Laws

    Charitably, it's creative lawyering. But really the Michigan Department of Community Health's refusal to identify organizations receiving much of the $42 million in federal funding t to battle H1N1 based on anti-terrorism laws is just a convenient excuse that leaves the government without any accountability for its spending.

    The state denied the The Michigan Messenger's request for information showing the recipients of more than $1.5 million in gloves, masks and other medical equipment and for information showing what a $25,000 payment to the Michigan Civilian Air Patrol was used for, and why an exercise conducted by the state cost nearly $50,000. The media group also wanted answers to where an unaccounted for $500,000 from the $1.5 million "state wide media campaign" budget went as well as where $145,000 in payouts to volunteers went.

    Read more here.


    N.C. Judge Rules Police Dash-Cam Videos Not Public Records

    North Carolina's Randolph County Superior Court Judge Brad Long ruled that police dash-cam videos are not a matter of public record. A lawyer representing the N.C. Press Association says the ruling highlights a gray area in the state's open records laws, where the law hasn't kept pace with technological developments.

    The decision stems from the efforts of media groups to obtain two dash-cam videos that could have shed light on the August 2009 fatal shooting of 21-year old UNC fraternity president Courtland Smith by an Archdale police officer on Interstate 85 after Smith had called 911 asking for assistance. The 911 radio transmission and police traffic tapes were released. The 911 radio transmission contains Smith telling a dispatcher he was suicidal, driving drunk at speeds up to 100 mph and armed with a 9 mm pistol.

    For more about case, click here.

    Proposed Public Access Reform Draws Bi-Partisan Support

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

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

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

    Get more information here.

    Because of Budget Cuts, Reporting on Budget Cuts More Difficult

    California state Sen. Leland Yee (D-San Francisco) has criticized state and local officials in California who are increasingly blaming budget cuts and furloughs for delays and withholding of information under the state's Public Records Act.

    The Sacramento Bee says this new excuse stymies the ability of the media to perform its watchdog role at a critical time when the public should know about budget cuts, downsized programs, and government dysfunction.

    Click here for more about delayed or reduced projects due to lack of public information access.

    Tuesday, March 16, 2010

    Atlantic Beach Resident Prompts Public Records Compliance Changes

    As part of a settlement agreement with Atlantic Beach resident Paul Curry, town officials must make public records available to the public to inspect and copy with a minimum delay, and to justify any money charged for Freedom of Information Act requests. Also among the agreed changes, the town must also post in Town Hall a copy of the state FOIA and the Public Officials' Guide to Compliance with South Carolina's Freedom of Information Act. The town must also pay $5,000 in Curry's legal fees.

    Hawaii Agency Testifies in Favor of "Vexatious Requester" Law

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

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

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

    Read more here.

    Georgia State Law Professor Criticizes Proposed Legislation as "Haphazard"

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

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

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

    Read more here.

    Sunshine Week Prompts Review of Missouri Sunshine Law

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

    Read more here.


    Associated Press Reviews Annual FOIA Reports

    As part of Sunshine Week, The Associated Press reviewed the 2008 and 2009 budget year Freedom of Information Act reports filed by 17 agencies.

    The review showed the government increased its use of nine major FOIA exemptions in 2009, and the agencies received and processed less FOIA requests in 2009. It also showed that the backlog of old open-records requests fell from 124,019 in budget year 2008 to 67,764 at the end of the 2009 budget year, although it is unknown whether those who made requests in the closed cases received the information they wanted.

    For more specifics, click here.

    Illinois Launches One-Stop Shop for Online Public Records Access

    Illinois unveiled its Illinois Sunshine Portal, a website where the public can review many public records and documents in one online location. The site allows access to detailed information on state expenditures, grant awards, and public facility inspection reports for schools, hospitals, and nursing homes.

    Get more information here.

    Florida House Speaker Sidelines Proposed 911 Call Ban

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

    For more information, click here.

    Freedom of Information Day Celebrates Counsel of James Madison

    Mary Treacy, executive director of the Minnesota Coalition on Government Information, celebrated this Freedom of Information Day by honoring James Madison.

    Treacy argues it's fitting to honor Madison, born on March 16, 1751, during the annual celebration because of his confidence in government transparency and a free press, embodied in the quote: "A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy; or perhaps both. Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives."

    Treacy challenges us to make a serious individual effort to "'get up and do what needs to be done' to ferret out reliable information, examine facts, share ideas with those who agree, and listen with equanimity to ideas with which we vehemently disagree."

    Read the full tribute here.

    ASNE Names Winners of Local Heroes Contest

    Suzanne Harris of Miramar Beach, Florida won the American Society of News Editors' Local Heroes contest. The contest honors individuals who fought tirelessly last year to make their state or local institutions more open and accessible.

    When Walton County commissioners did not respond to Harris' e-mail requests for public documents, she sued. As part of the settlement, the commissioners placed the county under court scrutiny to comply with the state's Public Records Act, agreed to hold training annually for public officials and key staff, to use only official county e-mail accounts in its transactions, and to designate an employee as records management liaison officer.

    Veronica Silkes of Landing, New Jersey, took second-place for founding Concerned Active Residents of Mount Arlington, a group of citizens concerned about tax increases ad expenditures in Mount Arlington. The group gathers public documents and shares information about borough affairs on its website.

    Phil and Ellen Winter of Waynesboro, Virginia took third place. The pair gathered more than 100 pages of government documents after becoming concerned when they noticed the city failed to deposit their property tax check promptly. The documents showed the city treasurer allegedly had mishandled about $400,000 in city and state taxpayer money. Their tip to the local newspaper resulted in the treasurer's defeat in the fall election.

    For more about the winners, click here.

    Monday, March 15, 2010

    Sunshine and Shadows - Results of the National Security Archive FOIA Audit

    The National Security Archive at George Washington University released its latest government-wide FOIA Audit. The Audit reveals that, despite the Obama administration's calls for greater governmental transparency, the federal government still has a long way to go on FOIA reform effort. For example, the Audit found:

    • Ancient requests--as old as 18 years--still persist in the FOIA system.
    • A minority of agencies have responded to the Obama and Holder Memos with concrete changes in their FOIA practices.
    • Only four out of 28 agencies reporting--including Holder's own Justice Department--show releases up and denials down under the FOIA.
    Read more about the Audit here.

    Fear and Speculation Spur Proposals to Limit Transparency

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

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

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

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

    Read more here.

    Sunday, March 14, 2010

    University of Iowa Says Consultant's Documents Not Subject to Open Records Law

    The University of Iowa denies that records sought by The Press-Citizen are subject to the state's Open Records law. The news group sought documents and correspondence from a consulting firm that helped the university draft new strategic communications and media response polices and communications consulting for an amount in excess of $250,000 in 2009.

    The Press-Citizen sought documents and correspondence from the consultants and UI officials that related to the media relations strategies, practices and policies and tactical advice for specific circumstances or interviews. The university maintains that the Open Records law does not apply because the consulting firm is an external agency that was not performing a governmental function.

    Kathleen Richardson of the Iowa Freedom of Information Council says the university's position violates the Open Records law and undermines a 2005 Iowa Supreme Court ruling.

    For more, click here.

    Four States Propose Restrictions to 911 Call Recordings

    In a troublesome shift away from transparency, Alabama, Ohio, Wisconsin, and Florida are proposing legislation to limit the media's access to 911 call recordings.

    Alabama calls for all emergency recordings to be private and exempt from freedom of information laws unless a court order issues, although transcripts could be available.

    Ohio would restrict 911 recordings, banning public access to recordings while allowing transcripts to be read on air. Ohio would levy monetary fines of $10,000 for violations by media outlets.

    Wisconsin would keep all audio recordings confidential and would make transcripts available upon request. A proposed amendment would allow the media to inspect, but not copy or disseminate transcripts.

    Florida would make audio recordings confidential unless obtained by court order, and would only release transcripts after 60 days.

    For more information, click here.



    Wisconsin Freedom of Information Council Opee Awards Announced

    The Wisconsin Freedom of Information Council announced its fourth annual Opee Awards to people and institutions that have had an impact on open government in the state.

    The winners are:

    Political Openness Advocate of the Year (the "Popee"): J.B. Van Hollen

    Citizen Openness Advocate of the Year (the "Copee"): Daniel O. Wilson

    Media Openness Advocate(s) of the Year (the "Mopee") (tie): The UWM Post and the Green Bay Press-Gazette

    Open Records Scoop of the Year (the "Scoopee"): Tony Galli

    No Friend of Openness Award (the "Nopee"): The Wisconsin Interscholastic Athletic Association (WIAA)

    Dumbest Open Government Decision (the "Dopee"): Wisconsin Department of Corrections

    Fore more about the winners, click here.

    Mark Caramanica Named New FOI Director for Reporters Committee for Freedom of the Press

    The Reporters Committee for Freedom of the Press announced its new Freedom of Information Director is Mark R. Caramanica. Caramanica is a former trial attorney who is finishing his doctorate in Mass Communications at the University of Florida, where he also earned a bachelor's degree in economics and a law degree and master's degree in mass communication.

    For more, click here.

    Dash Cam Catches Police Excessive Force Incident

    A Texan car dealer is suing the Carrollton police department after he was roughed up in a parking lot. The dealer, Shomari Staten, obtained the video through an open records request. The incident was caught on the squad dash cam.

    Watch the video here.

    Friday, March 12, 2010

    And The Rosemary Goes to...

    This year's Rosemary Award for worst open government performance goes to the Federal Chief Information Officers Council, the senior officials who have never addressed the failure of the federal government to save its e-mail electronically.

    The Rosemary Award is named after President Nixon's secretary who erased 18 1/2 minutes of a crucial Watergate tape.

    For more about this years "winners," click here.

    File this Under "Ridiculous" - Suing Citizens to Silence Complaints

    An Arizona school district claims it has been so harassed by repeated public records requests that it has sued four community members, claiming they have abused the public records request system by filing more than 100 public records requests.

    In its Complaint, the Congress Elementary School District also claims the community members are "engaged in a coordinated campaign to harass and impede the functioning" of the school system by filing more than ten complaints with the state's Board of Education, the County Sheriff, the Fire Marshall, the Ombudsman, and the Attorney General.

    The defendants say the lawsuit is an illegal attempt to silence citizens who have questioned the district's policies and spending practices.

    Read more about the suit here, including a link to the Complaint filed by the school district.

    Overhaul of Florida Sunshine Law Passes Senate Committee

    A Florida Senate committee approved a bill to overhaul the state's Sunshine Law. The unanimous vote came despite objections lodged by lobbyists for the Florida League of Cities to key provisions of the bill, including the proposal to end charges for redaction of personal information as required by law by January 1, 2013.

    Read more about it here.


    Florida House Committee Approves Bill to Ban Release of 911 Calls

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

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

    Click here for more information.

    Oklahoma Considers Withholding Information in Autopsy Reports

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

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

    Click here for more.

    Michigan Court of Appeals Allows Access to Voting Records

    The Michigan Court of Appeals voted 2-1 to require the secretary of state's office to turn over individual voting records from the state's 2008 presidential primary under the state's Freedom of Information Act.

    The court's ruling grants a political consultant access to presidential primary voters' names and which party's ballots they took.

    For more information, click here.

    Citizens Risk Lives Seeking Information in India

    Since 2005, India's Right to Information (RTI) Act gives citizens the power to ask for information from any level of government. But freedom of information activists have been threatened, beaten, bullied, and even killed in the pursuit of information. Nonetheless, advocates say RTI provides a starting point to ending corruption in India.

    For more information, click here.

    Thursday, March 11, 2010

    Florida Bill Proposes Significant Public Records Reform

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

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

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

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

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

    Click here to read more.



    Eagerly Anticipating a Ruling on the Bloomberg/Fed Dispute

    After hearing arguments in January, court watchers are awaiting a decision from the federal appellate court in the dispute between Bloomberg LP and the Federal Reserve regarding the news organization's request for access to a loan-by-loan accounting of its emergency bailout to banks. Bloomberg seeks information on how much was borrowed, when, on what terms, and in exchange for what collateral.

    Despite a win for Bloomberg in the lower courts, the Fed has still not provided the records. The Fed argues that if such records were public, it would cause greater harm to the banks, could lead to bank panic, and could weaken the banking system further by making banks hesitant to seek future aid from the lender of last resort.

    For Bloomberg, the lawsuit represents a principled stand for transparency and a tribute to its late reporter, Mark Pittman, who spearheaded efforts to obtain the information under FOIA before his sudden death in November 2009.

    For more information, click here.

    Toyota's Not Sharing its "Black Box" Data

    The Associated Press reviewed lawsuits nationwide and interviewed auto crash experts, and found that Toyota has blocked access to data stored in event data recorders, or EDRs. These EDRs are akin to airline "black boxes" and could help explain crashes blamed on sudden unintended acceleration.

    The news organization found the information disclosed by the car maker has been inconsistent and sometimes contradictory. This "black box" information is emerging as a critical legal issue facing the company amid the recall of 8 million cars.

    Toyota says it does share the EDR information with government regulators.

    For more, read here.


    Saturday, March 06, 2010

    Maine Lawmakers Think Restricted Access Could Prevent Fraud

    Maine lawmakers have proposed restricting public access to birth and marriage records as a way to combat fraud and identity theft. The lawmakers are considering restricting access despite any evidence that misuse of birth or marriage records have lead to any cases of identity theft or fraud in the state.

    Read more about it here.



    Proposed Law Riddled with Misguided Symbolism

    A great editorial from The Seattle Times on the misguided symbolism of a proposed law that would exempt personal information on law-enforcement employee's from the state's Public Disclosure Act. The proposed law is redundant of existing state law that already protects public employees' home addresses, home phone numbers, and Social Security numbers.

    The House Majority Leader says the legislation should be enacted for its symbolism, as a gesture of appreciation for the law enforcement community, which has lost police officers in recent killings.

    South Dakota Lawmakers Don't Report Travel Paid for by Special-Interest Groups

    From the ArgusLeader.com comes this report on the lack of required reporting for South Dakota lawmakers' travel paid for by business or special-interest groups. South Dakota does not require lawmakers to report how much money pays for such travel or which corporations are involved.

    South Dakota lawmakers have been debating whether to put more restrictions on taxpayer-funded out-of-state travel.

    The Tiger Woods Protection Act?

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

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

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

    For more on the bill, click here.

    Monday, March 01, 2010

    Proposed Laws Would Add Exemptions to Oklahoma's Sunshine Laws

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

    Read more about the proposed exemptions here.

    Nevada Supreme Court to Decide if Governor's E-mails are Public

    The Nevada Supreme Court heard arguments Monday whether to overturn a lower court's ruling that Governor Jim Gibbons does not have to produce e-mails kept on the state e-mail system that are personal in nature.

    The Reno Newspapers argued that the e-mails on the governor's state-issued e-mail account is subject to Nevada's Open Records law. A reporter for the Reno Gazette-Journal had requested e-mail communications between Gibbons and 10 persons for the period before January and June 2008.

    Read more about the case here.

    Proposals to Strengthen Missouri's Sunshine Law

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

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

    For more on the bills, click here.

    Open Government Advocates Back Florida Suit

    The NFOIC, the Florida First Amendment Foundation, and the John S. and James L. Knight Foundation for Freedom of Information have backed a lawsuit by Preston Colby against the Board of County Commissioners in Highlands County, Florida with $3,000 in grant money to pay filing fees. The suit seeks hand-written notes taken during government meetings.

    The matter went to trial in February 2010, but no decision has been rendered yet.

    For more information, click here.

    Oklahoma Senator Rethinks Support for Bill to Keep Birth Dates Private

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

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

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