Schwarzenegger Vetoed Transparency Bills

California Governor Arnold Schwarzenegger vetoed a SB 218, a bill authored by Sen. Leland Yee (D-San Francisco), which he says would have brought greater transparency and accountability to California's public higher education institutions.

SB 218 would have modified the California Public Records Act to include auxiliary organizations that perform government functions at the University of California, California State University, and California Community Colleges.

More here.

Washington Judge Orders City Report Withheld and Destroyed

Without citing any legal exemptions from Washington's Public Records Act, Whatcom County Superior Court Judge Steven Mura ruled that a Bellingham city report that was critical of a local construction firm be blocked from public disclosure and destroyed if his decision isn't appealed within 30 days.  

The Bellingham Herald requested a copy of the report, but the construction firm argued the report contained false information that would be damaging to its business.  An arbitrator had earlier found that the city committed "substantial breaches of contract" with the construction firm, which had been hired to install drainage and sprinkler pipe, new ball field soil and turf.

Get more information here.

Search Warrants Withheld Despite Legal Authority to the Contrary

Officials in Logan County, Illinois are refusing to produce search warrant applications and supporting affidavits in connection with a murder investigation on the grounds that the investigation is on-going.  However, Illinois Attorney General Lisa Madigan ruled two years ago that search warrant applications and accompanying affidavits are public records - without respect to a pending investigation -- after the warrants are served unless a judge orders the documents sealed.  

Get more information here.

Florida Council Member Bullies City Clerk into Resignation over Email Release

From the St. Petersburg Times comes this report about Seminole City Councilmember Tom Barnhorn, who wanted City Clerk Ginger Stilton to keep his emails private unless there was a specific request for them.  Barnhorn had asked Stilton for information on costs and methods for moving Seminole elections from March to November. Stilton provided that information not only to Barnhorn, but to all the council members, on the grounds that it was a record pertaining to government business.  Although Barbara Petersen of the Florida First Amendment Foundation says Barnhorn's request wasn't a technical violation of Florida's public records law, she said Barnhorn doesn't understand the term "confidential records" or how his request may be violating city policy.  

Stilton resigned from office without issuing an apology demanded by Barnhorn after he sent an email to Seminole City Manager Frank Edmunds blasting Stilton for "not show[ing] me the respect due an Elected Official."  

One Year and Waiting... Palin's Emails Still Not Produced

Records requests for Sarah Palin's emails made by the Alaska Democratic Party remain unfilled, even though it's been more than a year since the request.  

Alaska officials say they are working on the large request, which requires lawyers to review each email to determine if it should be withheld for privacy concerns or to protect the "deliberative process," an executive privilege granted to the governor and close advisers.  

More here. 

Michigan Governmental Units Feud in Court over FOI Records Request

In a suit pitting the Michigan Department of Corrections against the Oakland County Prosecutor's Office, a judge ordered MDOC to pay a fine and attorneys' fees to the prosecutor's office.  

The suit stems from prosecutor Jessica Cooper's FOI request for a list of names of prisoners set to be paroled.  MDOC said it didn't have such a list, but Cooper sued and a judge agreed that MDOC did not honor the FOI request.  

A waste of taxpayer money?  "It's silly that this had to play out in court and waste everyone's time," Russ Marlan of MDOC told Michigan NPR.

Listen to the report here.

Provision in a Homeland Security Funding Bill Would Block Release of Torture Photos

The American Civil Liberties Union says a provision of the homeland security funding bill could block the release of photos of prisoners abused in U.S. custody abroad.  Sen. Joe Lieberman (I-CT) proposed the provision, which would make such photos exempt from the Freedom of Information Act. 

The ACLU filed a FOI request for 2,000 photos of alleged abuse with the Department of Defense in 2003.  In 2005, a U.S. District Court judge in New York ordered the photos released, a decision that was upheld in 2008 by an appellate court.   The Obama administration has refused to comply with the order and asked the Supreme Court to hear the case.   

Click here for more information.  

West Virginia Supreme Court to Decide How FOI Applies to Judges

The West Virginia Supreme Court will decide the extent to which the state's freedom of information laws applies to judges.  

The case stems from The Associated Press's request for 13 emails between former W.V. Supreme Court Chief Justice Elliot "Spike" Maynard and top coal executive Don Blakenship of Massey Energy.  The Kanawha County Circuit Court ruled only five of the 13 emails need be released.  The Associated Press appealed, arguing all 13 of the emails should be released. 

The Supreme Court's administrator has also appealed, saying emails and correspondence involving the justices are exempt from the state's Freedom of Information Act.  

For more info, click here. 

FBI Investigated Anna Nicole Smith in Murder-for-Hire Plot

Records obtained by the Associated Press reveal that the FBI investigated Anna Nicole Smith in 2000 and 2001 for a murder-for-hire plot targeting E. Pierce Marshall, the son of the model's tycoon husband, J. Howard Marshall II.  The younger Marshall was at the center of a legal fight to keep Smith from inheriting his father's oil wealth, valued in the hundreds of millions.  

The documents show no evidence of Smith's involvement in such a plot. 

J. Howard Marshall II died of natural causes in 1995, E. Pierce Marshall died of natural causes in 2006, and Anna Nicole Smith died of a drug overdose in 2007.  The legal wrangling over Marshall's wealth continues in California courts.

Seattle Officers' Names Released to Citizen Accountability Group

The city of Seattle didn't violate its labor contract with the police guild when it released police disciplinary files to a citizen oversight panel, according to a state labor board ruling.

The Seattle Office of Professional Accountability Review Board reviews complaints against police officers and reports to the City Council regarding trends in misconduct cases or recommendations for training.  Until the City Council passed an ordinance in 2006, the review board only had access to files with the names of officers redacted.  

The Seattle Police Officer's Guild challenged the ordinance and the release of unredacted disciplinary files on the grounds that its contract required confidentiality of the officers' names. 

The Public Employment Relations Commission first ruled in favor of the police guild, but the city's appeal to the full three-member commission overturned that decision.  The guild could appeal to the Superior Court.

For more details, click here. 

A How-To Guide for Creating Transparency in Government

Jerry Mechling, a lecturer in public policy and faculty chair of the Leadership for a Networked World Program at the Harvard Kennedy School, brings us his recommendations for governmental transparency and accountability initiatives.  His advice includes releasing data in computer-readable form, collaborating visibly, developing technology that balances privacy and security standards, and creating organizations that foster transparency.  

Follow this link for more detailed advice. 

Illini Fighting Release of Admissions Clout List

The Chicago Tribune's "Clout Goes to College" investigation into a scandal at the University of Illinois involving admissions of "subpar but politically connected applicants" over more qualified applicants. The newspaper is challenging the university's refusal to release hundreds of names of applicants and any law enforcement subpoenas received by the school as well as the results of a July poll of alumni and other respondents.  

So far the fallout from the scandal includes U. of I. President B. Joseph White, who announced his resignation last month, and the replacement of six university trustees.  

The legal battle playing out in a Sangamon County court pits student privacy against public disclosure. 

Get more details here. 

Washington Task Force to Consider an Open Records Board

The Washington state attorney general and state auditor launched a task force to consider how to create a publicly-funded open-records board or commission to decide open-records and open-meetings quickly and outside of court.   The task force includes representatives from the state legislature, government, unions, lawyers and citizen activists.  The task force will craft a recommendation for lawmakers to consider in January.  

For more information about the task force and the Pennsylvania and Connecticut models being considered, click here.  

Bloomberg Demands Bank Names; Court Stays Release

The Bloomberg News Unit of Bloomberg LP is seeking the names of companies that received loans from the Federal Reserve.  Bloomberg attorneys say the central bank should be forced to disclose the corporate identities because the Federal Reserve can't demonstrate that borrowers would be harmed by such a disclosure.

The U.S. Court of Appeals for the Second Circuit disagreed, and stayed the release of information during the appeal. 

Click here for more information. 

AP Finds Out Who Geithner's "Favorites" Are

The Associated Press reviewed seven months of Treasury Secretary Timothy Geithner's appointment calendars and found he talks to executives from Citigroup, Inc., JPMorgan Chase & Co. and Goldman Sachs Group Inc. frequently, sometimes several times a day.  These executives had the ear of the Treasury Secretary more often than Senate Banking Committee Chair Christopher Dodd (D-Conn) or Rep. Barney Frank (D-Mass) who lead the effort to approve Geithner's overhaul of the financial system.  

As BusinessWeek notes, "There is nothing inherently wrong with senior Treasury Department officials speaking regularly with industry executives, or even with the secretary keeping tabs on the market's biggest players, even though critics say Geithner risks succumbing too much to these bankers' self-interested worldview." 

Get more info here. 

Tracing an E.Coli-Tainted Hamburger from the Freezer to the Farm

A fascinating piece of work by the New York Times.  A 22-year old woman is paralyzed after eating a grilled hamburger at her mother's house in the fall of 2007.  Through records requests and confidential interviews, the writer traces the tainted meat from freezer to farm.  Get it here. 

Galveston Community Organizer Seeks to Change City Government Form

Galveston community activist David Stanowski is starting the Galveston Open Government Project to ferret out corruption at the city manager level.  Stanowski also wants to change the city's form of government from a city manager form to a mayoral form of government.  Stanowski is soliciting funding from community members as well as national foundations and organizations.

Click here for more information. 

An Oklahoma D.A. Charges 8 Officials with Open Meetings Act Violations

Larry Moore, the Muskogee County district attorney, is throwing the book at eight county officials, including the Sheriff, Police Chief, County Commissioner, and members of the Criminal Trust Authority.  Between them, they're charged with 38 misdemeanor counts of violating Oklahoma's Open Meetings Act.   

A violation of the open-meeting law could result in a fine of up to $500 and up to one year in jail.

Way to go, Larry!  Get more details here. 

Wisconsin Legislator Wants to Limit Access to State Court Records

Wisconsin Rep. Marlin Schneider wants to restrict access to information in Wisconsin's online court records because employers use the site to screen potential employees and neighbors check out neighbors online.   He proposes to show only information for criminal convictions or civil judgments, and requiring the public to pay $10 annually and register with the state courts director to use the Wisconsin Circuit Court Access site.  Judges, police, attorneys and reporters could still use the site for free, though the state courts director would track each visitor's searches.

Needless to say FOI advocates say Schneider's proposal goes too far. 

Check it out.

Cheney's Role in the Valerie Plame Wilson Leak Exposed

Thanks to a FOIA lawsuit filed by Citizens for Responsibility and Ethics in Washington ("CREW"), former Vice President Cheney's interview with the FBI in the Valerie Plame Wilson leak investigation will see the light of day.  

The DOJ had sought to withhold the records, arguing that future White House officials would be unwilling to cooperate with law enforcement inquiries if the records were released.  U.S. District Court Judge Emmet G. Sullivan allowed the documents to be redacted for privileged communications.  

Get more here.