FOI Advocate Blog

The NFOIC open government blog is a compendium of original concepts and analysis as well as ideas, edited excerpts and materials from a variety of sources. When the information comes from another source, we will attribute it and provide a link. 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.

If you're looking for Advocate posts from before July, 2011, visit http://foiadvocate.blogspot.com/.

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May 15, 2012 7:40 AM

From Sunlight Foundation:

Two weeks, Florida’s Governor Rick Scott held a press conference, announcing the launch of an ambitious project that will allow online access to much of his email correspondence and that of 11 members of his leadership team.  Project Sunburst.

According to a press release from the Governor’s Press Office, the emails will be available with search capabilities.  Project Sunburst requires that all emails sent or received by the Governor and the designated staffers be posted to the Sunburst website within seven days.  The goal, however, is posting within 24 hours of receipt or transmission, and the Governor has plans to expand the program to include other agencies within the executive branch. The launch of Project Sunburst is one of a number of Governor Scott’s transparency initiatives – a second website, FloridahasARightToKnow  launched last year, provides access to state employee salary information and state pensions of $100,000 per year or more.  The state employee information is extremely useful, providing the name of the employee, the name of the employing agency, and the employee’s annual salary and number of years employed.  The pension information is relatively worthless in comparison – the database lists each state agency and the number of employees with pensions of more than $100,000 but provides little information that would help identify the employee.

Opinion expressed by Barbara Petersen, president of the First Amendment Foundation, a member of NFOIC.

May 10, 2012 1:34 AM

A few state FOIA and local open government news items selected from many of interest that we might or might not have drawn attention to earlier in the week:

Is secrecy justified in George Zimmerman case?

On the very first day George Zimmerman faced a judge on charges of murdering Trayvon Martin, it appeared the special prosecutor and Zimmerman's attorney were working together to keep certain records secret.

Visit ClickOrlando for the rest.

Latest Batch of DHS Occupy Documents Contains New Details About Monitoring of Protest Movement

The Department of Homeland Security (DHS)released another batch of documentsThursday morning in response to Truthout's wide-ranging Freedom of Information Act (FOIA) request pertaining to the agency's role in monitoring the Occupy Wall Street (OWS) protest movement.

Visit Truthout for the rest.

A welcome FOIA bill

The S.C. House struck a blow for transparency in government last week, passing a bill to streamline the state’s open records law. We hope the state Senate now will follow suit – and that Gov. Nikki Haley will sign the bill once it is passed.

Visit Herald Online for the rest.

MSU was following FOIA law in redacting portions of state Rep. Bob Genetski's drunken driving arrest video

Michigan State University wasn't protecting state Rep. Bob Genetski when it redacted portions of police video of his Jan. 19 drunken driving arrest, according to spokesman Kent Cassella.

Visit MLive.com for the rest.

Judge temporarily blocks release of PPL data

A federal judge has blocked the Environmental Protection Agency from releasing data about PPL Corp.'s Colstrip power plant in southeastern Montana to two environmental groups until a challenge by the plant's operator can be heard.

Visit CNBC.com for the rest.

Arkansas Open Meetings Law under attack

Currently a lawsuit is going to the Arkansas Supreme Court that will decide past Fort Smith City Administrator Dennis Kelly violated the open meetings act.  It is alleged he discussed city business with several city directors in a series of private, one-on-one conversations in 2009.

Visit Sunshine Review for the rest.

Defense Department Releases Indexes to Joint Chiefs of Staff Filing System

Researchers interested in modern U.S. military history will benefit from FOIA releases by the Department of Defense on the record-keeping system of Joint Chiefs of Staff, the highest-level organization in the U.S. military command system.

Visit Unredacted for the rest.

“That’s personnel” is rarely the right response

How public employees are performing their jobs (or whether they’re showing up at all) would appear to be pretty essential information for journalists (or just inquisitive citizens) to figure out whether government agencies are, or aren’t, working effectively.

Visit SPLC.org for the rest.

GAP Hails Senate Passage of Federal Whistleblower Protection

Washington, D.C. – The Government Accountability Project (GAP) hailed last night's 'Unanimous Consent' approval by the US Senate of S. 743, the Whistleblower Protection Enhancement Act (WPEA). The legislation provides millions of federal workers with the rights they need to safely report corruption from inside the federal bureaucracy.

Visit Whistleblower.org for the rest.

Secret files missing at National Archives

The National Archives and Records Administration has lost track of dozens of boxes of confidential and secret government files at its records center just outside of Washington, the latest in a series of such incidents spanning more than a decade.

Visit WashingtonTimes.com for the rest.

May 9, 2012 4:55 PM

From NYTimes:

In a blow to Illinois' sweeping eavesdropping law, a federal appeals court on Tuesday blocked its enforcement in cases where someone is recording a police officer at work.

It was a victory for activists who had feared that using smartphones or video cameras to record police responding to demonstrations during this month's NATO summit in Chicago could land protesters and bloggers behind bars for years. It's also the most serious legal challenge to the measure — one of the strictest in the nation — and adds momentum to efforts by some state lawmakers to overhaul the legislation, whose constitutionality has been questioned..

May 4, 2012 3:31 PM

From Fox and Hounds Daily:

Gov. Jerry Brown missed an opportunity when he announced that he was eliminating hundreds of state reports – and seeking to eliminate hundreds more.

Brown was trying to convey that the state was buckling down and eliminating waste. But frugality was the only message. He should have paired that move with a call for more engagement – and openness.

May 4, 2012 3:31 PM

From ProPublica:

From intrusive pat-downs to body scans to perceived profiling, the Transportation Security Administration always seems to be the target of complaints.

Here's another one: It took the TSA almost four years to tell me what people complained about — in 2008.

May 4, 2012 3:30 PM

From Hickory Daily Record:

The Hickory City Council meeting on Tuesday was an exercise in open government. A Hickory resident took advantage of a statement on the agenda to force discussion on an issue, and the state’s open records law was illuminated for all to hear.

May 4, 2012 3:29 PM

From Oswego Patch:

The Oswego School District 308 Board heard from upset parents Thursday night over what some say are recent violations of the Illinois Open Meetings Act.

May 4, 2012 3:28 PM

From Chicago Tribune:

The South Washington County school board broke the state Open Meeting Law during the process of firing Superintendent Mark Porter, a state agency has ruled.

An advisory opinion by the Minnesota Department of Administration says that the board acted illegally in meetings in December and January.

May 4, 2012 3:05 PM

A few state FOIA and local open government news items selected from many of interest that we might or might not have drawn attention to earlier in the week:

NARA Survey Shows Continued Govt-wide Records Mis-Management

The May 1 release of an annual report by the National Archives and Records Administration (NARA), based on surveys agencies filled out about their record keeping practices, shows how much more work needs to be done before we can say with any certainty that the government is not at risk of losing potentially important records.

Visit OpenTheGovernment.org for the rest.

Ohio legislature intends to preserve accessibility to public records

I was disappointed to read the Rep editorial “JobsOhio bill is raising red flag” (April 27). As the state representative of this area, as well as the sponsor of House Bill 489, I can be a good source of information when misunderstandings such as this arise.

Visit CantonRep.com for the rest.

Utah names open records ombudsman

The state of Utah has named a GRAMA ombudsman to serve as an intermediary between the public and the state when dealing with government record requests.

Visit Daily Herald for the rest.

Chicago open records advocates fear information roadblocks

The state Office of Information Practices hopes a bill that would grant government agencies a new right to appeal open records decisions in court would give its orders more legal clout, yet open government advocates warn that it would delay public access to information.

Visit Chicago Tribune for the rest.

Chicago Police Sought Assistance From DHS On Occupy Chicago

Less than a month after Occupy Chicago faced two rounds of arrests for attempting to create its own encampment in Grant Park last year, Chicago Police sent a request for information to the Department of Homeland Security to see how other cities dealt with the movement. Documents released via a Freedom of Information Act request to Truthout show on Nov. 9, CPD was interested in contacting law enforcement in New York, Oakland, Washington D.C., Portland, Seattle, Boston and Denver to obtain information on Occupy movements

Visit Chicagoist.com for the rest.

4 frequent FOIA-ers led to new city hire

Repeated Freedom of Information Act requests filed by just four parties may have contributed to the planned hiring of a new deputy city clerk, who will earn $17,500 for a year of part-time work. During the April 10 city council meeting, city clerk Rodney Greene presented a graph showing four anonymous requesters and the number of FOIA requests they had each filed in 2011 and 2012. The most frequent requester filed 18 FOIAs in that time period.

Visit The Daily Northwestern for the rest.

State Ports Authority thwarts efforts to pry info loose

The Post and Courier’s recent series on the Freedom of Information Act (FOIA) highlighted one of the most important, and least appreciated, characteristics of a free society — the ability ordinary citizens should have to learn, without filters, what government is doing for them and, potentially, to them. Reinforcing The Post and Courier’s findings, the State Integrity Assessment, a project of Public Radio International, the Center for Public Integrity and Global Integrity, gave South Carolina an “F” for government transparency.

Visit The Post and Courier for the rest.

Consumer Watchdog Files FOIA Request Seeking All Documents In FCC's Investigation Of Google Wi-Spy Scandal

SANTA MONICA—Consumer Watchdog today filed a Freedom of Information Act Request with the Federal Communications Commission seeking all documents related to the Commission's investigation of the Google Wi-Spy scandal.

Visit Market Watch for the rest.

Mayor orders camera off at council meeting

Meetings of the Cumming City Council rarely make the evening news, but that changed last week with video of a woman being tossed out of the public gathering.

Visit Politifact for the rest.

May 3, 2012 4:35 PM

From Rapid City Journal:

Chadron’s efforts to hire a city manager have extended well in to 2012 after former city manager Sandra Powell resigned in October 2011. At the most recent city council meeting, the local news media was accused of interfering in the process. It’s not the first time the issue has been brought forth.

May 3, 2012 4:34 PM

From Woodbury Bulletin:

The South Washington County School Board violated state law in its handling of Superintendent Mark Porter’s final performance evaluation, according to a state opinion.

The nonbinding opinion sought by the South Washington County Bulletin concluded that the District 833 School Board violated the state’s Open Meeting Law when it did not publicly summarize its evaluation of Porter at a meeting immediately following the closed-door workshop used to conduct that evaluation.

May 3, 2012 4:33 PM

From Detroit News:

Lansing—The state Court of Appeals on Thursday heard oral arguments in four cases in which lower courts ruled financial review teams appointed under Public Act 4 violated the Open Meetings Act.

Two of the cases were filed by activist Robert Davis against the Detroit Financial Review Team. A similar case was filed against the Detroit team by AFCME activist Edward McNeil. The fourth case was filed against the Flint financial review team.

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