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/.

♦♦♦♦ ♦♦♦♦ ♦♦♦♦

February 15, 2012 2:46 PM

Here are several interesting items of note in the last couple days regarding costs associated with fulfilling public records requests—and the fighting thereof.

Granted, if not these then at least some agencies likely have used or will use costs—actual or estimated, reasonable or outlandish—as a way of deflecting criticism when requested records are not searched for adequately or are ultimately not located, and that is unacceptable.

Still, in our times, with budgets being slashed at all levels of government, it is incumbent upon us to give careful consideration as to just how we as a citizenry intend on paying for this little thing called open government while not allowing our public officials to use the cost of adhering to the law as an excuse to break it.

While we're on the subject, be sure to check out last week's National Security Archive post regarding the CIA's "covert operation against Declassification Review" and sign the petition from our friends at OpenTheGovernment.org to "restore accountability to the CIA's secrecy system."

More from around the states, below:

The California Assembly spent nearly $200,000 in legal fees fighting against disclosure of member-by-member budgets that allocate tens of millions in public funds, records show. Assembly administrator Jon Waldie said the sum does not include hundreds of hours, perhaps more than a thousand hours, consumed by Capitol employees in gathering records ultimately ordered released by a Sacramento court.

Finding out how the public uses Hawaii's open records law isn't easy. And it's not cheap either. And that's despite a state requirement that agencies send a report to the Hawaii Office of Information Practices every year about public records requests. Turns out virtually none of them are doing it.

Gov. Bill Haslam (R-TN) says it may be time to reset the state’s policy for handling requests for public documents. Haslam’s administration is examining how each department handles requests for public records, saying the state needs to standardize how it responds and charges for the labor and time to provide records.

Naperville City Council members say they support residents’ rights to access government information, but some believe smart grid opponents have gone too far. ... The total estimated staff time spent on replying to the requests and related legal issues is 1,475 hours through last Thursday. The city’s total cost so far is $73,750 at an estimated rate of $50 per hour.

February 6, 2012 11:44 AM

From NWCN.com:

In the state of Washington if a citizen requests a public record, it should be turned over unless there is a compelling reason not to do so. That's the law.  But investigators from KREM 2's Seattle affiliate, KING 5, have found more people than ever are accusing the state of breaking that law and it's costing taxpayers millions.

By analyzing 2,500 legal records obtained through the Public Records Act, KING found payouts for public records lawsuits ballooned from $108,000 in 2006 to nearly $1.7 million last year -- $4.8 million dollars total since 2006 for alleged violations of the Public Records Act.

February 3, 2012 10:18 AM

From The Washington Post's State of NoVa:

The Loudoun County Board of Supervisors once again made its message clear at a board meeting Wednesday: It wants the ongoing legal matter between freelance journalist Beverly Bradford and the Loudoun County Board of Equalization to come to an end.

After emerging from a closed session, the supervisors unanimously voted to direct the county administrator and outside counsel to settle the court case, which was sparked by a confrontation between Bradford, a freelance reporter for AOL Patch, and Board of Equalization Chairman J. Scott Littner at a tax appeal hearing last summer.

February 1, 2012 4:17 PM

From The Washington Post's State of NoVa:

The legal bills will continue to add up in the costly courtroom battle between a local freelance journalist and the Loudoun County Board of Equalization, a case that began with a confrontation at a tax appeal hearing last summer and continued Monday with the testimony of Board of Equalization Chairman J. Scott Littner in Loudoun County District Court.

The details surrounding the encounter between Littner and freelance reporter Beverly Bradford at the June 28 meeting remain in dispute. What isn’t debatable is the fact that a single photograph that Bradford took during the meeting has spiraled into a multifaceted dispute costing Loudoun upward of $80,000 in legal fees — and sparked a power struggle between the Board of Equalization and the Loudoun County Board of Supervisors, which has refused to foot the bill for a case it wanted resolved out of court.

January 26, 2012 4:46 PM

From The Washington Post's State of NoVa:

What we do know is that after Beverly Bradford snapped the one photo [pictured], Loudoun Board of Equalization (BOE) Chairman J. Scott Littner became quite upset. Twice, he interrupted the meeting to walk over to Bradford, loom over her and berate her, Bradford and witnesses have testified. Then Littner summoned a sheriff’s deputy, who escorted Bradford out of the meeting.

Bradford filed a Freedom of Information Act complaint. The Board of Supervisors urged the BOE to simply apologize to Bradford. Instead, the BOE hired a lawyer who has run up $54,000 in legal bills fighting the complaint and trashing Bradford in court. The Board of Supervisors is refusing to pay, and so the BOE is suing the Supervisors to force them to pay the bill.

January 20, 2012 3:20 PM

From courier-journal.com:

FRANKFORT, KY. — In a sharply critical decision, a judge has ordered a state agency to pay $16,550 in fines and $56,663 in legal costs to three newspapers for illegally withholding public records involving child-abuse deaths and serious injuries.

Franklin Circuit Judge Phillip Shepherd also rejected efforts by the Cabinet for Health and Family Services to heavily redact, or remove, information from such documents. He said the cabinet was continuing its “efforts to blanket the operation of the child welfare system under a veil of secrecy.”

December 28, 2011 3:23 PM

From the Florida Times-Union:

A Jacksonville man who sued a city pension fund over public records violations isn’t entitled to recover the more than $30,000 he spent on legal fees, a judge has ruled.

Circuit Judge James H. Daniel ruled last week that Curtis Lee was entitled to $1,245 for other expenses he faced suing the Jacksonville Police and Fire Pension Fund, but could not get back his lawyer bills.

December 22, 2011 10:00 AM

From nj.com:

DELAWARE TWP. — The $17,239 the township has spent over the past two years defending two lawsuits and a complaint is “inexcusable. There’s no reason to spend that kind of money for nothing,” says Dianne Rankin. “This was a big waste of money.”

The legal fees were accrued because Rankin filed the civil suits and then a complaint with the state Government Records Council. All were avoidable, she says.

December 20, 2011 1:38 PM

From Reporters Committee for Freedom of the Press:

A U.S. District Court in Washington, D.C. ruled that a journalist who sued the CIA under the federal Freedom of Information Act to release certain John F. Kennedy assassination records was not entitled to attorney’s fees.

In his ruling last week, District Judge Richard Leon denied Jefferson Morley attorney’s fees following eight years of FOIA litigation, finding that the suit had been pursued in Morley’s own interests rather than the public’s, and that the CIA had acted reasonably in withholding some of the records. The court rejected Morley’s arguments that the litigation had exposed new facts important to the public’s understanding of the assassination, and that the CIA had engaged in “dilatory” and “delaying” tactics in withholding the records.

Morley, an author and the Washington editor of Salon.com, filed the FOIA request in 2003, seeking records related to a CIA operations officer for a book he is writing about “what the assassination looked like through the eyes of the CIA.”

The CIA released some of the records to Morley, and withheld some under various FOIA exemptions...

December 20, 2011 11:01 AM

From nj.com:

NEPTUNE — The state education department has paid more than $40,000 to cover the legal fees incurred by a New Jersey newspaper that successfully sued to gain access to department records.

The state said it denied access to the records because it planned to eventually investigate the erasures.

Syndicate content