FOI at Work -- How Federal Funds Are Wasted in California

California Watch, a reporting unit of the non-profit Center for Investigative Reporting, culled thousands of pages of documents and found a multitude of "wasteful spending, purchasing violations, error-prone accounting and shoddy oversight" at California agencies during the years immediately following 9/11. Critics say all the money didn't result in a safer California either.

The group fears the same shoddiness will plague state use of federal economic stimulus money if there isn't any proper oversight of the use of the funds.

Get the extensive report here.

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

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

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

An Update - Appealing the Decision Withholding the Names of Supporters for Referendum 71

Washington State says it will appeal the decision of a federal judge to block the release of the names of supporters for Referendum 71, which is described as an effort to overturn the state's "everything but marriage" same-sex domestic partner law.

Washington Attorney General Rob McKenna will ask for an expedited review by the Ninth Circuit Court of Appeals. McKenna criticized the ruling as "a step away from open government."

For more information, see the seattlepi.com article here and the Seattle Times article here.

Here's another article from thestranger.com.

Birth Dates Battle at the Texas Supreme Court

The Texas Supreme Court heard oral arguments regarding whether the birth dates of approximately 145,000 state workers are public records. The case stems from a 2005 request from The Dallas Morning News for an updated state payroll database. The Texas Comptroller refused to provide the birth dates for the state workers, arguing the release of birth dates could lead to identity theft. Open records advocates note that such information is available from other public records, including voter registration polls.

The case is Texas Comptroller of Public Accounts vs. Attorney General of Texas and The Dallas Morning News. For more information, click here.

Update - Florida Public Service Commission to Face Grand Jury Investigation

Following up with a story we told you about the potential PIN-to-PIN messaging being used by Florida utility executives and Public Service Commission (PSC) members to avoid a paper trail, the Miami Herald reports a PSC lobbyist resigned in the midst of the controversy and Commissioner Nancy Argenziano has called for a grand jury investigation into any influence on the PSC from utility companies.

Get the full scoop here.

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

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

Click here for more information.

University of Iowa Faculty Not Subject to Open Meeting Law

After consulting with the University of Iowa General Counsel's Office and the Iowa Attorney General, a University of Iowa faculty leader said faculty government meetings are not subject to the Iowa Open Meeting law.

The question arose during an August state Board of Regents meeting when regents questioned the use of closed-door session by faculty government and whether the state open meeting statute applied.

Some professors disagree with the use of executive or closed sessions.

For more information, click here.

Open Meetings Law Stands in Fifth Circuit

The U.S. Court of Appeals in Dallas (Fifth Circuit) dismissed as moot a challenge to the Texas Open Meetings Act, holding that the plaintiff lacked proper standing to sue. In the case, former city council members had asserted the law violated their rights to exchange e-mail messages discussing city business in secret.

For more on the procedural history of the case and the dissenting opinion of judge James L. Dennis, please see the article from The Reporters Committee for Freedom of the Press.

Information about Wisconsin Judges and District Attorneys Kept Secret

A change to a bill intended to increase government transparency does the opposite with regard to information about property owned by Wisconsin judges and district attorneys.

The Wisconsin Assembly's Committee on Judiciary and Ethics approved the change to the bill, which allows the state Government Accountability Board to post annual economic interest statements of public officials online.

But the property information of judges and district attorneys would be kept secret on grounds of safety concerns.

Members of the public seeking the annual economic interest statements must provide their names and addresses when making the request.

Read the full story from the Journal Sentinel here.

FOIA Request Shows Gaps in ICE Detention Records

Based on records obtained by the Associated Press through FOIA requests, the Washington Post reports that think tank Migration Policy Institute has identified several gaps in the record-keeping of the U.S. Immigration and Customs Enforcement.

These gaps include:

* whether an immigrant must be detained;
* whether a detainee is dangerous;
* whether a detainee might have a claim to U.S. citizenship; and
* whether a immigrant has a special medical condition or mental health issues.

The think tank also says ICE's database should include answers to procedural questions that would ensure the federal government is not holding the immigrants indefinitely.

Open Government Directive Coming Soon...

Just another few weeks, says the government's first CTO, Aneesh Chopra, regarding a new open government directive.

The first step of the directive will be a mandate for federal agencies to enact structural changes so that open government principles become part of their "institutional fabric," reports internetnews.com.

Additionally, the directive will ask agencies t bring more data online and in a machine-readable format, as opposed to PDFs.

Get the full report here.

FOIA Request Reveals Contradictory Evidence to ODNI's Statement that Iran is Assisting the Taliban

From the Asia Times Online comes a report from Gareth Porter, an investigative historian and journalist specializing in U.S. national security policy, that a statement made by the head of the Office of the Director of National Intelligence (ODNI), Dennis Blair, may be incorrect.

The Federation of American Scientists released Blair's February 12, 2009 testimony responses to the Senate Select Committee on Intelligence under the Freedom of Information Act on July 30. In support of the assertion that Iran is supporting the Taliban, Blair cited a statement by a Taliban commander attributing military success against NATO forces to Iran.

Gareth's reporting details how the evidence from the U.S. Department of Defense, Canadian forces in Afghanistan, and the Taliban contradicts the Taliban commander, instead suggesting that increased damage to NATO tanks stems from anti-tank mines provided by the U.S. to the jihadi movement against the Soviets in Afghanistan in the 1980s.

Please read the full report for more information.

Two Different Approaches to Email Use During City Council Meetings

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

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

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

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

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

2009 Secrecy Report Card

Hot off the presses -- OpenTheGovernment.org released its 2009 Secrecy Report Card today. It details slight decreases in secrecy across a variety of indicators during the last year of the Bush-Cheney administration. It also provides a six-month overview of the Obama administration's track record on openness issues as well as a section on financial transparency during the economy crisis.

Highlights include:

• Almost $200 Spent Creating and Securing Old Secrets for Every Tax Dollar Spent Declassifying
The government spent nearly $200 maintaining the secrets already on the books for every one
dollar the government spent declassifying documents in 2008, a 2% increase in one year. At
the same time, 16% fewer pages were declassified than in 2008.

• Reported Invocations of the "States Secrets" Privilege Continue to Rise
Invoked only 6 times between 1953 and 1976, the privilege has been used a reported 48
times—an average of 6 times per year in 8 years (through 2008)—more than double the aver-
age (2.46) in the previous 24 years.

• President Bush Surpassed All Presidents Since Kennedy in Assertions of Executive Privilege
President G.W. Bush asserted Executive Privilege 6 times in response to congressional re-
quests, as of August 21, 2008.

• 2,083 Orders of the Secretive Foreign Intelligence Surveillance Court
The Department of Justice reported that, in 2008, the FISC approved 2,083 orders—rejecting
one and approving two left over from the previous year.

Get the complete report here.

PIN-to-PIN Communication to Skirt Sunshine Laws

Three aides to a Florida utility regulators repeatedly sent private PIN-to-PIN Blackberry codes to an utility executive, which could allow the utility to communicate with the regulators out of public view and without a paper trail.

A St. Petersburg Times blog states:

"State law prohibits PSC commissioners from discussing a pending rate case with utility officials but it specifically excludes PSC staff from the ban. A 1991 grand jury report recommended that the statute be changed to close that loophole but it was never amended.

PSC rules forbid staffers and commissioners from discussing certain types of commission business out of the public eye with those who appear before the regulatory panel. Under state law, a commissioner who engages in such discussions -- called 'ex parte communications' -- and who fail to report them could face a $5,000 fine and even removal."

For the full report, click here.

Three Articles Regarding the Obama Administration's Efforts Toward Transparency

During his campaign, Obama pledged to run the most transparent administration in history. Nextgov.com reports that open government advocates are criticizing the administration's efforts in fulfilling this campaign promise, saying the administration is placing too much emphasis on building websites rather than publishing information.

But, in a break with previous administrations, the Obama administration will release the names of visitors to the White House beginning in mid-September, reports USA Today.

The Secret Service will disclose electronic visitor logs, including the names of the visitors and who set up the meeting as well as where it was held and for how long within within three to four months of the visit. Information relating to cases of national security, extreme confidentiality or strictly personal visits to the first family would not be released.

"We will achieve our goal of making this administration the most open and transparent administration in history not only by opening the doors of the White House to more Americans, but by shining a light on the business conducted inside," Obama said. "Americans have a right to know whose voices are being heard in the policymaking process."

Archon Fung, a professor at Harvard University's John F. Kennedy School of Government, offers his views on how the administration should go about fulfilling the campaign promise.

Open Government Advocates Oppose Exempting Terrorist Identity Information from the Freedom of Information Act

Citizens for Responsibility and Ethics in Washington (CREW) and nine other open government advocates are asking the House and Senate Intelligence Committees to strike a provision from the Intelligence Reauthorization Act of 2010 that would exempt all terrorist identity information (TII) from the Freedom of Information Act (FOIA). The organizations say the provision is redundant of an existing Executive Order and is overbroad in its reach.

Read the full story here.

Oklahoma City Refuses to Release Employee Birth Dates, Citing Identity Theft Concerns

In what one open government expert calls "absurd" and a misinterpretation of a law designed to prevent the state Public Safety Department from releasing their driver's license records, Oklahoma City officials denied the request of The Oklahoman for a city employee's date of birth. In denying the request, the city cited two exceptions to the Oklahoma Open Records Act, which prevent the disclosure of "personal information within driver records" and records that "constitute a clearly unwarranted invasion of personal privacy."

Open records advocates criticize the city's refusal, saying there is no statistical or anecdotal evidence showing public records are a source for identity thieves. Experts also note that the information sought is not private because it can be located in other public records.

For the complete story, click here.

Criminals Denied Public Records Based on Motivation

Twice last week government agencies in Washington did not have to fill the public records requests of criminals or those accused, according to The Daily Weekly.

In the most recent instance, King County Jail nurses won a court order to prevent two men accused of murder from getting access to their full names and other personnel records that would normally be available to the public.

The first instance related to the records-requesting efforts of inmate Allan Parmalee, which King County Superior Court Judge Palmer Robinson ruled were "made to harass and intimidate the agencies to which the requests were submitted and the public employees who are the subjects of the requests." Robinson also said Parmalee's requests "would likely threaten the safety of public employees, officials, and their families."

The government's success in the Parmalee matter derives from a new state law allowing the agency to attempt to block the records request of a convicted criminal serving jail time if the requests appear to be made for the purpose of harassing or harming someone.

Tackling Open Records on the Gridiron

Sports Illustrated's Andy Staples is trying to collect the weekly ballots of the 51 public school coaches who vote in the USA Today Coaches Poll. Last spring, the American Football Coaches Association ruled to keep the poll private starting in 2010. The Birmingham News writes:

"The idea is to promote transparency in a poll that makes up one-third of the Bowl Championship Series formula. With help from transparent Harris Poll ballots and computer rankings, the BCS formula determines who plays for the national championship and helps place other teams in multi-million dollar bowl games."

Ge the story here.