Free Legal Help to Online Journalists

The Citizen Media Law Project announced the launch of the Berkman Center for Internet and Society at Harvard University's Online Media Legal Network (OMLN), a new pro bono initiative that connects lawyers and law school clinics with online journalists who need legal help. OMLN will provide free assistance on a variety of legal issues, including business formation and governance, copyright licensing and fair use, employment and freelancer agreements, access to government information, pre-publication review of content, and representation in litigation.

Get more details here.

Bruce and Sara Schundler: Champions of Mesa Verde National Park and FOIA

Heroic FOI work is being done by former NJ public official, Bruce Schundler, and his wife as they seek accountability at the Mesa Verde National Park.

Initially trying to avoid the bureaucratic costs of a FOIA request but ultimately forced to file a formal FOIA request and not seeking any statutory fee waivers, the seasonal park ranger wanted information regarding sister relationships at the park and the travel expenditures and habits of Superintendent Larry Wiese. But, as he wrote to Jack O'Brian of the Intermountain Regional Office of the National Park Service, Mesa Verde National Park officials acted under "a veil of secrecy about everything, and an undercurrent of fear and intimidation if anyone asks for information or if any divulges virtually anything but the most routine information."

Schundler also wrote to Alexandra Mallus of the Department of Interior regarding the personal toll that his FOI efforts had taken amidst rumors that Wiese "let it be known that he doesn't want my wife, Sara, and me to be hired again as seasonal interpretive rangers... Perhaps now you can appreciate why sometimes trying to make government open and transparent can be not only frustrating, it can be painful, it can get personal, and it can have financial consequences."

Schundler hosts a website chronicling his FOIA struggles. Although he was granted his modified and revised request in full, Schundler is appealing with the Department of Interior regarding the amount and quality of information provided pursuant to his request. Schundler also chronicles how, in the midst of Schundler's FOI requests, Superintendent Larry Wiese resigned his post.

Check it out, click here.

Texas Cities to Challenge State Law Requiring Open Government Meetings

Texas cities Pflugerville and Rockport as well as council members from 18 others will challenge the state law requiring open government meetings in a lawsuit to be filed in federal court in Pecos before the end of the year.

The Fifth U.S. Circuit Court of Appeals dismissed a similar lawsuit on the grounds that former Alpine council members lacked standing to sue.

Get more here.

West Virginia Lawmakers Suggest Revising State FOIA Statute

West Virginia state representative and House Judiciary Chairwoman Carrie Webster says the legislature should revisit the many exemptions and exceptions made to the state's Freedom of Information Act.

Webster's statement comes on the heels of a West Virgnia Supreme Court decision in which 13 emails between former Chief Justice Elliott "Spike" Maynard and Massey Energy CEO Don Blankenship are not public records. In her dissenting opinion, Justice Margaret Workman wrote that the West Virginia Freedom of Information Act should be changed to allow consideration of the the context in which the records are produced when deciding if they qualify as public records.

As originally enacted in 1977, the West Virginia Freedom of Information Act contained eight reasons to withhold information from the public. Since then, more than 75 exemptions have been added to the FOIA statute, according to a 2007 review by The Associated Press.

Get more information here.

FOIA Suits Filed to Gain Information About Federal Bailout Programs

Public interest investigation group Judicial Watch has filed two new FOIA lawsuits against the Department of the Treasury and the Federal Reserve for their respective failures to provide information about the federal government's bailout programs.

The group filed a request with the Treasury Department on June 19, 2009 relating to a congressional briefing on the financial crisis held on September 18, 2008. The Treasury Department acknowledged receipt of the FOIA request on June 22, but has not yet produced any documents or indicated when documents will be provided.

Similarly, Judicial Watch made a FOIA request with the Federal Reserve on September 2, 2009, seeking access to visitor logs for meetings with Chairman Ben Bernanke and advisor Kevin Warsh from August 2007 to the present. The Federal Reserve acknowledged the request, but has not yet produced any records.

For more information, click here.

Wisconsin Legislator Wants Better Access to Death Information

Wisconsin state Senator Cale Case is proposing legislation to require coroners to "furnish as much information as is not privileged or confidential by law and shall use redaction as necessary to allow the fullest disclosure authorized by law." Case says death investigations have become less accessible to the public as technology and investigative techniques improve, and notes that it's a matter of public safety that coroners and investigators be held accountable to the public.

Get more information here.

ACLU Urges Gates to Release Photos of Prisoner Abuse, Despite New Exemption Under FOIA

The ACLU is urging Department of Defense Secretary Robert Gates not to exercise the authority granted him under a Homeland Security appropriations bill signed by President Obama to continue suppressing photos of prisoner abuse. The amendment allows the DOD to exempt photos from the Freedom of Information Act.

Click here for more.

Tracing the Source of Food-Borne Illnesses in Schools

USA Today investigated government-run school lunch programs and found schools have virtually no way to know where all the food on any given lunch tray comes from because there are so many processors and distributors involved. Add to that no timely way to check the health and safety records of those companies supplying the food and a poor alert system for any problems found, and you've got a recipe for widespread food-borne illness outbreaks like the one that hit Racine, Wisconsin in October 2007 when 101 children became ill after eating tortillas served in the school lunch program.

Read all about it and get links to documents obtained by USA Today here.

Alaska's "Going Rouge" in Responding to Palin Administration Records Requests

Alaska Governor Sean Parnell wants even more time to respond to records requests pertaining to Palin administration e-mails and other information, even though some requests have been pending for more than a year.

According to the Anchorage Daily News, the excuses range from too many requests, too complicated requests, and too voluminous requests to requests that require an attorney to review the documents individually for privacy and executive privilege issues.

For more on the delayed records response from the Alaska state government, click here.

FOIA at Work: FBI watched Studs Terkel

The late Chicago author Studs Terkel, whose work focused on working people and the downtown, was watched by the FBI. An FBI file released to NYCity News Service under the FOIA also shows Terkel once applied for a job with the FBI, but was turned down.

Get more here.

Investigation Finds Felons Working in Higher Education

Since Utah enacted the Higher Education Criminal Background Checks bill, effective May 1, 2009, Weber State University's The Signpost found that eight individuals with felonies or serious misdemeanors were employed by the university. Three of those individuals no longer work for the school.

The law requires criminal background checks for new employees in higher education. Anyone applying for a position that would have "significant contact with a minor or a position that is security-sensitive" must submit to a criminal background check as a condition of employment.

Weber State University takes electronic fingerprints from applicants and sends them to the Utah Bureau of Criminal Identification, using a federal criminal database, before making a final offer of employment.

Read more from the two-part investigative series: Part 1 and Part 2.

Chicago's Mayor Daley Sued for Olympic Bid Information

Non-profit Judicial Watch is suing Chicago's Mayor Daley and his office for failing to respond to a FOIA request for access to public records regarding Chicago's bid to host the 2016 Summer Olympics.

The request seeks all correspondence between the Mayor's Office and President Obama, Michelle Obama, and White House staff regarding the bid.

More here.

A Terrible Setback in West Virginia

The West Virginia Supreme Court ruled that public officials and employees can keep their person emails secret.

The Associated Press had sued to gain access to 13 emails between former Supreme Court Chief Justice Elliott "Spike" Maynard and Massey Energy chief Don Blankenship, but the court ruled 4-1 that none of the emails are public records.

Justice Robin Davis quoted an Arizona Supreme Court decision noting that the definition of a public record "does not encompass documents of a purely private or personal nature."

More here.

Most Complained-About Chicago Cops List Remains Closed

A list naming the 662 Chicago Police officers with 10 or more complaints filed against them will remain closed.

A journalist and 28 Chicago alderman sought access to the list compiled in connection with a 2004 suit against the Chicago Police Department.  Because that case has been settled, the federal appeals court ruled sua sponte that the journalist and alderman lacked standing to sue. 

The Fraternal Order of Police fought the release of names on the grounds that most complaints filed against police officers are eventually ruled unfounded.   The journalist and alderman counter that the court overlooked the public's interest in evaluating questionable police performance.

Get more here. 

U.S. Customs and Border Protection Lags Behind Technology

Click here for more on The Texas Tribune's difficulties in getting a FOIA request filed with the U.S. Customs and Border Protection.   It seems the office won't accept requests electronically and by fax only in case of an "emergency," leaving open who says it's an emergency and what such an emergency is.  

Following the Money Trail... At Great Expense

Missouri attorney Noah Wood is trying to collect a debt owed to his firm by a former Libyan-backed company in the U.S., and he'd like to get documents from the Treasury Department showing where perhaps millions of dollars of once-frozen assets are now.

But the Treasury Department says Wood's request will cost him $522,886 to comply with the four-year old FOIA request, even though Wood says a former Treasury Department official has "basically told them the exact file cabinet it was in." 

Wood is suing the federal government to comply with the FOIA request and to reduce the bill.  

Get more information here. 

Not Forgetting the Elephants

The Brookfield Zoo in Illinois has denied Suburban Life's  FOIA request for the necropsy report for Affie, one of the zoo's African elephants.  In Defense of Animals, a California-based animal advocacy group, also sought the report regarding Affie's sudden death last May from heart failure at age 40.

The Chicago Zoological Society responded to the records request, denying the information on the grounds that it is a private sector, not-for-profit corporation that manages Brookfield Zoo for the Cook County Forest Preserve District.  Accordingly, the Chicago Zoological Society says it is not subject to FOIA.  

Suburban Life says it will send its FOIA request to the Cook County Forest Preserve District instead. 

Get more here. 

A FOIA Request Yields a Cost Demand Figure with Two Commas in it!

Nearly $7 million dollars, with more than $3 million as a down payment.  That's the amount the Michigan Department of State Police is demanding in response to the Mackinac Center for Public Policy's FOIA request for documents regarding the state's handling of federal security grant money from 2002 to the present.  

The Department of State Police says the records request for all spending reports regarding federal homeland security grants from 2002 to the present amounts to more than 2 million pages.  

Get more here. 

New Jersey Use-of-Force Reports are Public Records

A New Jersey appeals court panel held that police use-of-force reports are public records, upholding a 2008 Superior Court ruling that West Milford must turn over the reports to Martin O'Shea, an open-records activist.  

The town sought exemption for the records under New Jersey's Public Records Act as "criminal investigatory records," but that argument was rejected.  

More here. 

Maryland County Adopts Triage Approach for Records Requests

Allegany County will begin using a "triage concept" for evaluating requests under the Maryland Public Information Act to categorize requests as routine or complex and respond accordingly.

The change comes after a public information officer and county attorney attended a training seminar presented by Assistant Attorney General William Varga. 

Allegany County will not be adopting a recommendation to receive or respond to records requests via email.  

Get more here.