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OPEN RECORDS, FREEDOM OF INFORMATION • Feb. 22, 2017
Newspaper seeks release of video showing man's death in jail
Allowing the widow of a man who died in jail to sue to stop any release of video of her husband's death would end up rewriting South Carolina's open records laws, a lawyer for new media organizations said. LaKrystal Coats sued to stop the release of footage of her husband's death in March, saying the video is an invasion of privacy. The Greenwood County Sheriff's Office has refused to release the footage, citing Coats' lawsuit. The Index-Journal of Greenwood requested the video under the Freedom of Information Act and was sent footage from before Demetric Cowan became sick, but no video that showed how jail workers responded when he started to crawl around and shake on the floor.
Judge: EPA nominee Pruitt must provide records of meetings
An Oklahoma judge has ordered state Attorney General Scott Pruitt, President Donald Trump's pick to head the Environmental Protection Agency, to turn over documents related to Pruitt's communications with coal, oil and natural gas corporations that an advocacy group has sought for more than two years. District Judge Aletia Haynes Timmons said Feb. 16 "there really is no reasonable explanation" why Pruitt's office has not complied with a request filed in January 2015 by the Wisconsin-based Center for Media and Democracy for communications between Pruitt and Koch Industries and other major energy companies as well as the corporate-funded Republican Attorney General's Association.
House panel OKs making wage-theft findings open to public
For about a century, any finding by Colorado labor officials that an employer cheated his or her workers on wages has been considered a trade secret that's off-limits to the public. That may change this year after a House panel unanimously approved a bill Thursday, Feb. 16, to include those findings under Colorado's Open Records Act. Sponsored by Democratic Rep. Jesse Danielson, the bill would allow citizens to know if they are patronizing or considering employment with an offender — and level the playing field for the vast majority of employers who abide by wage, overtime and other pay laws or contracts. It would make that information subject to records requests after an employer has exhausted all appeals.
Police chief quietly retires after leave, harassment claim
The police chief of a small town in western Colorado has retired without a public announcement after being put on leave for several months. The Post Independent reports (http://bit.ly/2lmwgQF ) that Levy Burris had been Silt's police chief for 10 years before his quiet retirement in January. He was placed on paid leave in September after the town's mayor formally accused him of harassment. Burris said Wednesday, Feb. 15, that his leave was unrelated to Mayor Rick Aluise's claim. He said he can't disclose why he was placed on leave but that "multiple issues" had come up. The Post Independent obtained a copy of the claim by Aluise and his 19-year-old step-daughter through the Colorado Open Records Act. The claim is required as a precursor to a potential suit against a government body.
Indiana Senate overrides Pence vetoes
The Republican-controlled Indiana Senate enacted into law Tuesday, Feb. 14, two measures vetoed last year by Republican former Gov. Mike Pence. House Enrolled Act 1022, which subjects most, but not all, records of private university police departments to disclosure under Indiana's open records law, won approval by a 47-3 margin. House Enrolled Act 1082, sponsored by state Sen. Ed Charbonneau, R-Valparaiso, requires any state environmental regulations approved by Republican Gov. Eric Holcomb that are more stringent than federal rules not take effect until after the next session of the General Assembly adjourns for the year.. That veto override was approved 49-1. Both Pence vetoes were overwhelmingly overridden last week by the Republican-controlled House.
Court: Missouri not required to identify execution drug's source
A Missouri appellate court has ruled that the state's prison officials aren't obligated to publicly reveal the source of the drug used to execute death row inmates. The Kansas City Star (http://bit.ly/2l6Ztwl ) reports that the appellate court's Western District decided Tuesday to overturn a 2016 trial court ruling that the state wrongly withheld documents that would identify pharmaceutical suppliers. The appeals court agreed with the state that a law that protects the identity of the state's execution team applies to those who supply the execution drug pentobarbital. Citing the open records exemption, Missouri has declined for several years to say where it obtains its drugs. The lawsuit was filed in 2014 by media organizations including The Associated Press, The Kansas City Star and St. Louis Post-Dispatch.
San Antonio officers who had sex on duty are appealing firing
Two San Antonio police officers who were effectively fired last year for sexual misconduct while on duty are appealing the decisions and likely will appear before an arbitrator this year. Officers Rebecca Martinez and Eman Fondren both were served indefinite suspensions in April for repeatedly disabling their GPS units and having sex with each other while on duty, according to suspension paperwork obtained by the San Antonio Express-News through an open records request. They appealed the decisions by Chief William McManus. An exact date for the arbitration has not been set, SAPD spokesman Sgt. Jesse Salame said. According to the suspension documents, Martinez and Fondren disabled the GPS units on their vehicles two times in October 2015 and met with each other while on duty, once in the rear parking lot of a Home Depot store and another time at a private residence.
Alleged Florida airport shooter lied about his record on job form
The man accused of killing five people at a Florida airport lied about his criminal record on his application to be a security guard in Alaska, and was fired after only a few months on the job because of the state of his mental health. The new information is contained in the security guard application Esteban Santiago filed last summer for a license from the state of Alaska so he could work at Signal 88 Security in Anchorage. The state released the application Monday, Feb. 11, to The Associated Press, which had appealed the state's initial refusal to release the document made through an open records request.
New Mexico bill would end ‘political purpose’ barrier to public data
Norm Gaume, the former director of New Mexico’s Interstate Stream Commission, says data reveals errors undermining the state’s case for spending billions of dollars to divert water from the Gila River, which for now runs freely through southwestern New Mexico. But when Gaume asked last December for a copy of a spreadsheet to better understand the state’s position, the commission required him to sign an agreement that would prohibit him from using the data for “political purposes.” Gaume’s research has become an example of how just a few words buried in New Mexico law give state agencies broad discretion to deny members of the public access to information by prohibiting any use that could be construed as advocacy. Advocates for open government say the restriction is not just a barrier to public information but a violation of civil rights that muffles criticism of the government.
OPEN RECORDS, FREEDOM OF INFORMATION • Feb. 15, 2017
Iowa aware of only handful of improper votes of 1.6M ballots
Iowa's top elections official, who is pushing for a voter identification requirement that could make it harder for some to vote, has only been informed of 10 votes that were potentially improper out of nearly 1.6 million counted statewide in the November election. Iowa Secretary of State Paul Pate's office learned of a handful of cases of alleged double votes and votes cast by ineligible felons on Election Day that were counted, according to a summary of "general election irregularities" obtained by The Associated Press under the open records law. Further review by the AP showed that most of the instances were mistakes rather than fraud, and may not have been stopped by an identification requirement. They included a non-English speaking citizen who mistakenly voted when he registered and again on Election Day, a felon whose voting rights had been restored in Wisconsin but not Iowa, and a non-citizen who turned herself in after learning later she shouldn't have been eligible to vote.
Montana sued for failing to release emails of state senator
Arguing that Montana violated the right to know guaranteed by the state constitution, the Campaign for Accountability filed a lawsuit in district court against the Legislative Services Division and Republican Sen. Jennifer Fielder for failing to release records requested under the Montana Open Records Act, which says “every person has a right to examine or obtain a copy of any public information.” “Sen. Fielder has defied Montana government transparency laws apparently to avoid revealing the extent of her actions for the American Lands Council. Given her intransigency, the Campaign for Accountability had no choice to file a lawsuit,” Acting Executive Director Daniel Stevens said.
Kansas lawmakers look at closing police commission records
While calls for police transparency and accountability continue nationally, Kansas lawmakers will consider whether to decrease access to police records. Legislators could vote to exempt from the open records law a list of licensed law enforcement officers, information about officer terminations and complaints filed about officers maintained by a state commission. That information held by the Kansas Commission on Peace Officers' Standards and Training would be considered closed personnel and investigatory records. Lawmakers said law enforcement agencies that report terminations to the commission could release the records if they wanted to, but critics contend they won't. "Sure, they could be made available but 999 times out of 1,000 they're not going to be," said Richard Gannon, Kansas Press Association director of governmental affairs.
Des Moines, Cedar Rapids police body cameras policies differ
Police in Des Moines and Cedar Rapids are beginning to outfit officers with body cameras, but Iowa's two largest cities have adopted significantly different rules for informing the public about the cameras and making the recordings public. The cameras will record a variety of situations, including arrests, traffic stops and incidents requiring force. Des Moines' policy says the state's open records law may require the release of body camera video, but it lays out exceptions, such as an ongoing investigation, The Des Moines Register (http://dmreg.co/2kmnmPm ) reported. The policy also says officers aren't required to tell citizens if a body camera is present. Cedar Rapids' draft policy says the video is "non-public investigative police report information" that will be released only with the police chief's approval. It says officers will tell people when they're being recorded "whenever possible."
Lawsuit: Trump Cabinet nominee has not turned over records
A lawsuit filed Tuesday, Feb. 7, accuses Oklahoma Attorney General Scott Pruitt, President Donald Trump's pick to head the Environmental Protection Agency, of violating the state open records law by not providing access to emails and other official documents sought for up to two years. The Wisconsin-based advocacy group the Center for Media and Democracy alleges in its lawsuit that "Pruitt has denied prompt, reasonable access" to records sought in nine records requests since 2015 seeking communications between Pruitt and Koch Industries and other coal, oil and gas corporations, as well as the corporate-funded Republican Attorney General's Association. The lawsuit says Pruitt's office acknowledged in August 2016 that it has 3,000 emails and other documents relevant to the Center for Media and Democracy's first request in January 2015 but has yet to turn over any of the records.
OPEN RECORDS, FREEDOM OF INFORMATION • Feb. 8, 2017
Hearing delayed on modernizing Colorado's Open Records Act
A state Senate committee has postponed a hearing on a bill designed to modernize Colorado's Open Records Act. Republican Sen. Ray Scott of Grand Junction said the bill wouldn't be heard Monday, Feb. 6, as scheduled. He didn't announce a new date.
Scott chairs the state Senate, Veterans and Military Affairs Committee. Democratic Sen. John Kefalas' bill would require government agencies to release requested public records in their original or searchable data formats, like Excel spreadsheets. That would allow the public to easily analyze those records instead of having to thumb through unwieldy paper or PDF documents. Scott's committee killed a similar bill last year. Colorado's secretary of state's office led a working group of journalists, government representatives, lawmakers and others before the legislative session to forge consensus legislation this year.
Court weighs halting release of police video of shootings
A federal appeals court considered Monday, Feb. 6, whether to automatically halt lower court orders publicly releasing video of fatal shootings by police to prevent potential violence. Judges on the 9th U.S. Circuit Court of Appeals panel acknowledged that the case involving a 2013 shooting of an unarmed man by police in the Los Angeles suburb of Gardena was largely moot because the video was released and widely published. But in considering whether U.S. District Judge Stephen V. Wilson abused his discretion by denying Gardena a stay of execution and releasing videos sought by The Associated Press and other news organizations, the court questioned if future video releases should be put on hold to offer a chance of appeal. Judge Andrew Kleinfeld said stays are automatically granted in other types of cases.
News organization threatens to sue Oakland over records on fatal fire
The Bay Area News Group says it will sue Oakland if the city doesn't provide police and fire department records by next week on a warehouse fire that killed 36 people.
The East Bay Times (http://bayareane.ws/2l2ZSyu), one of the group's newspapers, reports Thursday, Feb. 2, that its lawyers cited inexcusable delays in a letter to the city demanding the public records. The letter was sent exactly two months after the fire during a concert at an artists' loft called the Ghost Ship. Investigators say the structure was a dangerous jumble of makeshift stairs and room dividers with no clear exit paths. The newspaper says the documents could help explain how the city missed chances to shutter the building. Messages left seeking comment from the mayor's office by the newspaper and the Associated Press were not immediately returned.
Kansas lawmakers consider strengthening open government law
Two bills before a Kansas Senate committee would make government meetings and records more accessible to the public. The Senate Federal and State Affairs Committee heard the bills Thursday, Feb. 2. One bill, introduced by Lawrence Sen. Marci Francisco and Louisburg Rep. Molly Baumgartner, clarifies a law that requires government bodies to justify going into private meetings. The reason for the private meeting would have to be recorded in public minutes. The other bill reduces how much government entities can charge for public records. It caps the price per page and requires staff time be charged at the lowest hourly rate for a qualified employee. Committee Chairman Jacob LaTurner says the bills will be worked next week. LaTurner has advocated for legislation that would curb the costs of getting public records.
Attorney general: WKU open records denials were illegal
Kentucky Attorney General Andy Beshear has found that Western Kentucky University officials acted illegally by turning down open records requests from two student newspaper representatives. The Daily News of Bowling Green (http://bit.ly/2kv0dNF ) reports that Beshear concluded in a Jan. 26 ruling that WKU's decisions to turn down open records requests from Matthew Smith of the Kentucky Kernel and Nicole Ares of the College Heights Herald violated the state's open records statute. Both students last fall sought access to records related to sexual misconduct investigations. The attorney general wrote that Smith and Ares must be allowed access to the disputed records, with the exception of personal identifiers of the complaintant and witnesses. WKU general counsel Deborah Wilkinssaid said in an email Monday that the university is considering whether to appeal.
Michigan House members introduce new public records proposal
Michigan House members on Wednesday, Feb. 1, introduced a public records proposal they say will increase transparency. The package of bills would subject the governor and lawmakers to public records requests. It is a new attempt to get legislation to the governor's desk after similar bills won overwhelming approval in the Republican-led House last year only to die in the GOP-controlled Senate. The bipartisan proposal's lead sponsors are state Reps. Lee Chatfield, a Republican from Levering, and Jeremy Moss, a Democrat from Southfield. Senate Majority Leader Arlan Meekhof said he had concerns with last year's bills dealing with constituents' communications with lawmakers becoming public. Chatfield and Moss say they believe the bills address those concerns. The legislation gained momentum last year in the wake of Flint's water crisis and a sex scandal that forced two legislators from office.
Tardy payments in whistleblower case boosts school's costs
Chicago State University has been ordered by a Cook County judge to pay $4.3 million to a school official who was fired after accusing the school's former president of misconduct. That's about $1 million more than a jury awarded in 2014 to attorney James Crowley because the university has delayed paying damages in a whistleblower lawsuit. The jury in 2014 found Crowley was fired for turning over former university president Wayne Watson's employment records to a faculty member under the state's open record law, and for exposing questionable university contracts. Crowley said Tuesday, Jan. 31, he hopes a newly appointed university board of trustees brings the case to a close rather than spend more money contesting the case. In a statement, Chicago State spokeswoman Sabrina Land maintained the judgment was "an unusual and high verdict in an employment case."
Officer 'does not trust' FWPD to investigate leaked bodycam video
The Fort Worth police officer who was punished after his controversial arrest of a woman in December doesn’t trust the police department to investigate the leak of a bodycam video of the incident, his lawyer said. Officer William Martin “has lost all faith” in the department and instead wants the city’s Civil Service Commission to investigate the video leak, according to a motion filed by attorney Terry Daffron. The bodycam video was provided last week to The Associated Press by attorney Lee Merritt, who represents Jacqueline Craig, the woman arrested by Martin on Dec. 21. Merritt told reporters he received the video from a “trusted police source,” whom he declined to identify. City officials called the leak “illegal,” a violation of the state open records law, and said police would investigate how Merritt obtained the video as well as details from Martin’s confidential personnel file.
OPEN RECORDS, FREEDOM OF INFORMATION • Feb. 1, 2017
Air Force Academy to pay $25,000 to settle suit over records
The Air Force Academy in Colorado has agreed to pay $25,000 in legal expenses to a religious freedom advocacy group to settle a lawsuit over the group's request for records. The academy and the Military Religious Freedom Foundation announced the settlement Monday, Jan. 30. The foundation says the academy also agreed to broaden its search for records the foundation requested. Foundation president and founder Mikey Weinstein says the documents concern the academy's internal responses to him, his family and the organization. Weinstein is a persistent critic of the school, accusing it of favoring evangelical Christianity. His lawsuit accused the academy of delaying some documents and withholding others. The academy says it didn't admit any wrongdoing in the settlement. It says it had a backlog of records requests when Weinstein filed his in 2011.
State still slow to respond to some public records requests
Most Wisconsin state agencies are now systematically tracking requests for public records but can still take weeks to respond to relatively straightforward queries, the Milwaukee Journal Sentinel has found. The newspaper made a records request to 22 key state agencies and officials to track their compliance with an order by Gov. Scott Walker in March 2016 seeking to strengthen the state's most important tool for providing information to the public. The upshot: The agencies that responded to the newspaper are following the basics of Walker's order. But bureaucracy and slow response times can still delay answers for citizens. The Walker administration has worked with agencies to implement the governor's order and checked up on them to make sure they are doing so. But the administration hasn't made agencies show records to prove they're doing what they say.
New Jersey court allows 3rd-party open records requests
Citizens are allowed to seek public records of similar requests filed by others, a New Jersey appeals court ruled Friday, Jan. 27, in a case that touched on the George Washington Bridge lane-closing scandal. The case is the latest in the ongoing debate over which government records are considered public and which can be kept confidential. The plaintiffs had sought public records requests filed to numerous state agencies. One plaintiff requested all public records requests connected to the George Washington Bridge lane-closing case, in which two former aides of Republican Gov. Chris Christie and an official of the Port Authority of New York and New Jersey were charged with creating traffic jams to punish a Democratic mayor who didn't endorse Christie.
Texas DA says she was required to release shooting video
A North Texas district attorney denied a claim Wednesday, Jan. 25, that her office unlawfully released a video showing a police officer shooting a black man as he walked away. Tarrant County Criminal District Attorney Sharen Wilson responded to a complaint this week by the Combined Law Enforcement Associations of Texas alleging that releasing the video before a grand jury heard the case violated state law. The organization, Texas' largest law enforcement officer union, posted on Facebook that its director had filed the complaint on Tuesday with Texas Attorney General Ken Paxton's office. A spokeswoman for the attorney general's office said that the attorney general only has jurisdiction over open records crimes if the case is referred by a local prosecutor or if the office is appointed by a judge or special prosecutor to consider the case.
Pitino, Louisville rebut NCAA findings in escort scandal
Louisville is disputing the NCAA's allegation that Rick Pitino violated his responsibility as a head coach by failing to monitor former staffer Andre McGee's activities that resulted in a sex scandal and subsequent investigation by the governing body. The school on Wednesday, Jan. 25, released responses it submitted last week after receiving a Notice of Allegations from the NCAA that included four violations by the basketball program and criticism of Pitino for failing to monitor the former Cardinals basketball staffer who an escort has said hired her and others for sex parties with recruits and players. In one of three responses – obtained by The Associated Press through an Open Records Request - Louisville stated that Pitino "fostered a culture" of compliance and that McGee's activities couldn't have been monitored by "reasonable" practices because he intended to avoid detection.
Judges rules in favor of university in open-records case
A Kentucky judge has sided with the state's flagship university in an open-records dispute involving a student newspaper's dogged pursuit of documents it wants to review in a sexual harassment investigation of a former professor. In his ruling Monday, Jan. 23, Fayette Circuit Judge Thomas Clark reversed a state attorney general's opinion in the case pitting the University of Kentucky and the Kentucky Kernel, the student newspaper. The AG's office said last year that the university had violated the state's open-records law by refusing to release documents on the professor's case to the newspaper on the Lexington campus. The university responded by suing the campus newspaper. Under state law, the AG's opinions can be appealed, but the attorney general cannot be named as a party in the suit. The university said its dispute was with Attorney General Andy Beshear, not the campus newspaper.
OPEN RECORDS, FREEDOM OF INFORMATION • Jan. 26, 2017
Judge keeps alive newspaper case seeking BYU police emails
A judge is keeping alive a newspaper open-records lawsuit aimed at obtaining Brigham Young University police emails for a probe of allegations that sex assault victims who made honor code complaints were improperly investigated. A university spokeswoman said Monday, Jan. 23, that BYU intends to provide more information to 3rd District Judge Laura Scott, following her ruling on Friday. The judge denied BYU's bid to dismiss the Salt Lake Tribune lawsuit. The Tribune reports (http://bit.ly/2jUSBnP ) it wants to review emails between campus police and the university's honor code and Title IX offices. BYU argues that because it's privately owned by the Mormon church, campus police aren't subject to state open records law. The Tribune argues that BYU police are like any other law enforcement agency, and their records are public.
Another stand for Open Records Act in Oklahoma
Retired Oklahoma Supreme Court Justice Steven Taylor has always been a fierce advocate of Oklahoma's Open Records Act — which is something his final decision as a Supreme Court justice proved to strengthen. While serving as a justice on the Oklahoma Supreme Court, he had the opportunity to write some very strong opinions regarding open records, Taylor told the McAlester News-Capital (http://bit.ly/2k5s9YP ). The very last opinion he wrote, issued last month, was the eight-to-one opinion ordering that a video showing University of Oklahoma running back Joe Mixon striking a female be made public. Following the 2014 incident, the city of Norman had mounted a legal battle to keep the video sealed — and the lower courts concurred. Then, in December, 2016, the Oklahoma Supreme Court ruled that the video of Mixon punching the woman be made available to the media and the public .
UW-Madison suspends fraternity for serving minors
A University of Wisconsin-Madison committee suspended a fraternity chapter Tuesday, Jan. 17, amid allegations members provided alcohol to minors and sang a song glorifying multiple sexual assaults. The university said in a news release late Tuesday afternoon that the Committee on Student Organization had voted to suspend the Sigma Chi chapter until March 1. The news release said the suspension was tied to an event in October at the fraternity's off-campus house in which members served or provided minors with alcohol. The Associated Press filed an open records request with the university seeking all documents related to the Oct. 6 incident. The school released 12 pages that indicate the school received a report through its online bias incident reporting that described an event at the Sigma Chi house where students heard and watched fraternity members signing a song about a presumably fictional Sigma Chi member who sexually assaulted 100 women against a wall and masturbated. The complaint said "there was beer everywhere."
OPEN RECORDS, FREEDOM OF INFORMATION • Jan. 17, 2017
Regent: Response to ISU plane scandal was 'slap in the face'
The Board of Regents' decision to take no action against Iowa State University President Steven Leath for misusing university airplanes was "a slap in the face" to taxpayers, a regent later complained to his colleagues. Regent Subhash Sahai told board leaders in a Dec. 20 email that he was embarrassed that the board let Leath off the hook, saying that any other professional "would have been severely sanctioned." He rebutted Regent Larry McKibben, who had praised Leath's apology and corrective actions by saying "Glory Hallelujah." "It was not 'Glory Hallelujah' but a slap in the face of common sense of the people of State of Iowa, what ISU stands for, transparency and accountability that we have been working so hard on for past 3 years," Sahai wrote to McKibben, Board President Bruce Rastetter and Pro Tem Katie Mulholland in the email, which was obtained Wednesday, Jan. 11, through an open records request. He said university presidents should be held to the highest standards because they set "legal, ethical but also moral standards for our future citizens."
State high court hears Sioux Falls settlement records case
The city of Sioux Falls has defended to the state Supreme Court its decision not to disclose details of a $1 million settlement over faulty siding at the Denny Sanford Premier Center. South Dakota’s high court heard arguments Wednesday, Jan. 11, in the case filed by Argus Leader Media (http://argusne.ws/2jEx9Uh) against the city.
The city in 2015 announced the settlement with contractors over the bulging panels but didn't provide details, citing in part a confidentiality agreement. The newspaper sued after the city declined to give access to documents related to the settlement. A lower court sided with the city, and the newspaper appealed. The city argues that the state's open records law lets governments keep contracts private if the parties involved agree. The newspaper says that argument runs counter to the Legislature's intent when it passed the law.
OPEN RECORDS, FREEDOM OF INFORMATION • Jan. 12, 2017
University settles with student who wouldn't counsel gays
Missouri State University has agreed to pay $25,000 to a former student who sued after he was removed from a master's degree counseling program because he said he wouldn't counsel gay couples. Andrew Cash sued the university in April. The settlement with the Missouri State Board of Governors was final last month but reported Monday, Jan. 9, after The Springfield News-Leader (http://sgfnow.co/2i9UoQJ ) submitted an open records request. The $25,000 is the estimated cost for Cash to obtain a master's degree at another university. University spokeswoman Suzanne Shaw says the settlement will be paid from the state's legal defense fund. The settlement prevents Cash from seeking admission or employment at Missouri State and the university did not admit liability.
April hearing set in open records dispute on police shooting
A judge could hear arguments from an Iowa newspaper in April as it seeks records related to a fatal 2015 police shooting in Burlington. The Hawk Eye reports (http://bit.ly/2i5EJCg ) an April 19 hearing has been scheduled in its effort to obtain police videos and other records. Burlington officer Jesse Hill accidentally shot 34-year-old Autumn Steele in January 2015 while responding to a fight between Steele and her husband. The newspaper and Steele's family want to see investigative files related to the shooting. Burlington police and the Iowa Division of Criminal Investigation are resisting the open records request. They say they have fulfilled what the law requires by releasing basic details about the shooting and a 12-second video from Hill's body camera.
New Mexico high court OKs new online access to court records
New Mexico's court system plans to allow attorneys, law enforcement agencies and the news media to have secure online access to state court records in most civil and criminal cases. The Supreme Court says the policy will improve governmental transparency, assist attorneys and government agencies do their work and help the media to provide timely and accurate information to the public. The court's announcement Friday, Jan. 6, says the access could begin as early as March. According to the court, approved users will be able to view and download court documents that are public records through a secure, restricted access system. The court says the public will be able to also have online access to case records in the future when there's funding to electronically redact records to remove protected information.
Wisconsin superintendent candidate hired as consultant
Wisconsin state superintendent candidate John Humphries has been rehired as a consultant at the school district where he previously worked, freeing him up to focus on the race. Humphries was hired as a consultant by the Dodgeville School Board on the same day in December that he resigned from his job as the district's director of state and federal programs, The Wisconsin State Journal reported Thursday, Jan. 5, (http://bit.ly/2jejSkS ). He is challenging incumbent state Superintendent Tony Evers in the race to head the state Department of Public Instruction. Former Beloit superintendent Lowell Holtz is also running. The primary is Feb. 21 and the general election for the top two vote-getters is April 4. Humphries' firm, BrainDance LLC, will receive up to $39,000 under a six-month contract through June. The State Journal obtained Humphries' consulting firm's contract and emails about his resignation under the state's open records law.
Court unseals police interview of student who killed teacher
Video of a 14-year-old student being questioned by Massachusetts police investigators in the hours after he killed high school math teacher Colleen Ritzer is being unsealed. The Massachusetts Supreme Court ruled Wednesday, Jan. 4, that the video could be shown to news reporters or members of the public who go to the courthouse to see it, but can't be copied. Philip Chism (CHIHZ'-uhm) was convicted last year of aggravated rape, robbery and murder. He was sentenced to life with eligibility for parole in 40 years. Ritzer was killed inside a Danvers High School bathroom in 2013. Her family says it's disappointed by the court ruling. A family statement says release of the video is unnecessary and will cause the family to endure further agony.
2 Texas lawmakers seek to tighten public records law
Two Texas lawmakers want to tighten public records laws to make it harder for governments and the companies they do business with to keep financial information secret. Sen. Kirk Watson, who's an Austin Democrat, and GOP Rep. Giovanni Capriglione of Keller said Tuesday, Jan. 3, they'll file bills to require companies to prove they would be disclosing key trade secrets if the businesses want to withhold information. The Texas Supreme Court in 2015 allowed aircraft giant Boeing to keep secret a lease agreement with the San Antonio Port Authority. State Attorney General Ken Paxton has said the ruling allows companies doing business with local governments to keep secret the details of financial agreements. Open records advocates say that's a giant loophole in the public's right to know how governments spend money.
Video shows suspect in pain after Iowa trooper's gun strike
4 Georgia firefighters fired in Cherokee County
Four Georgia firefighters in Cherokee County have been fired amid allegations of misconduct. The Atlanta Journal-Constitution reports (http://on-ajc.com/2iNKG7k ) Capt. Chuck Foster, Capt. Mike Malone and firefighters Chad Huff and Brandon Wilson are appealing the decisions. According to a report from the county attorney's office, an investigation started in October when a former firefighter accused Foster of sexual harassment. The Atlanta Journal-Constitution obtained that report this week through an open records request. The accuser — a woman — later came forward with other allegations, including a cellphone image of Huff and Wilson engaged in a lewd act. The photo had been sent to her to cheer her up after she was fired for failing a drug test. Huff, Wilson and Malone said they weren't trying to offend anyone; they were simply having fun.
Texas ice cream maker Blue Bell wants precautions eased
The Houston Chronicle is reporting Texas-based ice cream maker Blue Bell wants federal regulators to ease precautions in place since a deadly listeria outbreak and allow the company to return to more normal procedures followed by its competitors. The newspaper (http://bit.ly/2idy1NY ), reviewing documents obtained under a federal open records request, says Blue Bell has been working for months with a laboratory to develop tests to meet federal Food and Drug Administration requirements, prevent future outbreaks and help Blue Bell improve its economics. An attorney for Blue Bell, Joseph Levitt, has written the FDA that it's time for the company "to transition to the industry norm." Blue Bell had to shut its flagship Brenham creamery for several months after last year's recall was linked to 10 listeria cases in four states, including three deaths in Kansas.
Feds: Veterans home staff mishandled liquid oxygen
The federal government has confirmed staff at Wisconsin's largest veterans home mishandled liquid oxygen and were told not to document the incident. The Centers for Medicare and Medicaid Services has substantiated a complaint alleging staff at the home in King allowed liquid oxygen, which is highly flammable, to leak into the ventilation system, The Capital Times reported Thursday (http://bit.ly/2hxliVD).
According to the complaint, the home's security chief told a staff member who discovered the leak not to write a report, saying security staff had been told not to detail incidents any longer out of concerns the reports would be subject to the open records law. The CMS didn't cite the home because the problem has been fixed and a corrective plan has been put in place.
Ohio high court: Completed crime case files are open record
The investigative files of a completed criminal case are a public record under Ohio law and can be released even if further appeals are possible, the state Supreme Court ruled Wednesday, Dec. 28, in a lawsuit brought by the Ohio Innocence Project.
Public records lawyers had argued that police departments were improperly interpreting earlier court decisions and arguing they could shield the files of long-closed cases until the defendants died. At issue was an attempt by the Innocence Project to review the case of a man sentenced to 38 years in prison for killing a woman in 2005. The project doesn't represent defendant Adam Saleh but wants to review the records, which Saleh alleges will bolster his claim that he didn't do it.
A divided court ruled Friday that the files, with some exceptions, become a public record once a trial is over.
Former Wisconsin Corrections head loses appeal of firing
A state panel rejected former state Corrections secretary Ed Wall's appeal of his firing, saying he knowingly tried to evade Wisconsin's open records law. The Wisconsin Employment Relations Commission issued a ruling earlier in December throwing out Wall's appeal of his firing from a backup job within the state Department of Justice. Wall's attorney Lester Pines told the Milwaukee Journal Sentinel (http://bit.ly/2inSI6O ) on Friday, Dec. 23, that he was likely to file an appeal with the circuit court. Wall stepped down as the head of the state prison system in February amid concerns about how the Lincoln Hills juvenile prison was being run. Wall tried to secretly lobby Gov. Scott Walker's chief of staff Rich Zipperer to return to his old job as administrator of the state Division of Criminal Investigation.
OPEN RECORDS, FREEDOM OF INFORMATION • Dec. 21, 2016
Regulators, insurers fight release of shadow insurance files
The insurance industry and its regulators are asking a judge to allow documents detailing "shadow insurance" subsidiaries created by life insurers to remain secret. The Iowa Insurance Division and the Federation of Iowa Insurers are opposing a lawsuit filed by Indiana University professor emeritus Joseph Belth, who's seeking the documents under Iowa's open records law. Belth believes that the "shadow insurance" instruments threaten the solvency of insurers, and the public has a right to know. Companies such as TransAmerica have transferred hundreds of millions of dollars in liabilities to subsidiaries to loosen the amount of capital they need in reserves. An assistant attorney general argued last week that regulators properly denied Belth's request and the documents should be kept confidential.
Newspapers challenge judge's order banning media from court
Two Virginia newspapers are challenging a judge's decision to bar media from attending a court hearing in a state lawmaker's criminal case. The Daily Press and The Virginian-Pilot report that have appealed the judge's order barring journalists from Del. Rick Morris' hearing to the Suffolk Circuit Court. During the hearing at the Juvenile and Domestic Relations Court Thursday, Dec. 15, Judge Robert S. Brewbaker Jr. dismissed six of seven felony charges against Morris. The lawmaker was accused of hitting a boy with a belt and wooden spoon, punching him and throwing a hose nozzle at him. Brewbaker said media outlets weren't allowed in the hearing because a key witness was a child. The newspapers say a member of the public was allowed to attend at least part of the hearing, but not the media.
Notes could explain juror's dismissal in congressman's case
Des Moines attorney to pay fine in open records case
The Des Moines County attorney has agreed to pay a $200 fine but not admit guilt in an open records case stemming from a 2015 police shooting that left a Burlington, Iowa, woman dead. The Hawk Eye (http://bit.ly/2hwkEX7 ) reports Burlington Officer Jesse Hill accidentally shot 34-year-old Autumn Steele to death in January 2015 while responding to a fight between Steele and her husband. Steele's family and The Hawk Eye requested copies of all public records related to the incident, including police audio, body camera footage and investigative reports. A complaint says Des Moines County attorney Amy Beavers, along with the Burlington Police Department and the Iowa Division of Criminal Investigation, violated the state's open records law by denying records requests. The agencies say they satisfied Iowa law by releasing a 12-second body camera video of the incident.
OPEN RECORDS, FREEDOM OF INFORMATION • Dec. 14, 2016
Public hospital refuses to release terms of settlement
A county-owned hospital in western Iowa is refusing to reveal the amount of a settlement paid to the family of a woman who died from a botched colonoscopy, despite state law that says settlements made by government agencies are public record. Crawford County Memorial Hospital CEO Bill Bruce told the Des Moines Register (http://dmreg.co/2h9T3g7 ) that he can't release the settlement because of a judge's order sealing records in the patient's estate. The settlement was reached in April in a lawsuit filed by the husband of Carole Christiansen, who died in November 2014. The lawsuit said a hospital surgeon accidentally punctured Christiansen's colon during a colonoscopy. The surgeon recognized the error, but did not immediately operate to fix the inch-long tear. Surgery was performed the next day, but the tear had allowed intestinal contents to leak into Christiansen's abdomen, causing a severe infection. She died eight days later.
Chicago mayor ordered to produce index of messages for Tribune
A Cook County judge on Friday, Dec. 9, ordered the city of Chicago and Mayor Rahm Emanuel to produce an index of certain emails and text messages that the mayor sent and received on personal devices, as the Chicago Tribune and the city continue to battle over the mayor's electronic communications. Judge Kathleen Pantle made the ruling in the Tribune's September 2015 lawsuit, which alleged that Emanuel had violated state open records laws by refusing to release communications about city business that he had conducted through emails and texts on personal devices. The city had argued that those communications to and from Emanuel were not subject to the state's Freedom of Information Act. The lawsuit stemmed from the Tribune's open records requests for electronic communications related to subjects that include the city's scandal-plagued red light camera program, as well as email and text correspondence between the mayor and Michael Sacks, a top Emanuel adviser and contributor to his campaign fund.
Court: Video of Oklahoma football player punching woman must be released,
The Oklahoma Supreme Court has ruled that the video recording of University of Oklahoma football player Joe Mixon punching a woman in a Norman restaurant must be released for public viewing. The state's highest court issued the ruling Tuesday, Dec. 6, in a case brought by the Oklahoma Association of Broadcasters against the city of Norman, the Norman Police Department and the Cleveland County District Attorney. It's unclear, however, if the video will be immediately released. One Norman city official said an appeal for a re-hearing of the ruling remains possible, which could delay release of the video until at least January 2017. Mixon, a running back who has become one of the top football players in the Big 12, punched Amelia Molitor, a fellow OU student at the time, in July 2014.
OPEN RECORDS, FREEDOM OF INFORMATION • Dec. 7, 2016
Proposed open records policy punts on contentious issues
Records custodians across Tennessee would be left to decide over several contentious open government issues under a proposed model policy now open for public review and comment. A new state law requires all government entities to adopt a public records policy by July, and the state Office of Open Records Counsel has developed has a draft with its recommended best practices. The draft would leave it up to local governments to decide whether to accept public records requests electronically and if requesters would be allowed to make copies with their phones or other personal devices. The Tennessee Coalition for Open Government says it "will strongly oppose language that suggests government entities may create rules that inhibit access to public records." Feedback can be emailed until Dec. 15 to: email@example.com.
Newspaper: Butte citizens have lost faith in Superfund talks
Confidential Superfund settlement negotiations to clean up a century's worth of mining waste in Butte, Montana, need to be opened to the public because residents have lost faith that the U.S. government will protect their interests, an attorney for a Montana newspaper said Tuesday, Nov. 29. Butte residents once had trust that the U.S. Environmental Protection Agency would look out for them, Montana Standard attorney James Goetz told U.S. District Judge Sam Haddon in a court hearing. But that trust has been eroded as the agency's negotiations with Atlantic Richfield Co. have dragged on more than 14 years after Haddon ordered the talks to be held in secret, Goetz said. If Haddon grants the request, Montana Standard editor David McCumber said, the newspaper will seek documents from the negotiations dating back to 2002 or 2003. The newspaper also will seek to open the settlement talks going forward, so the public can be a part of the process "in real time," McCumber said.
Federal judge orders disclosure of food stamp information
The U.S. Department of Agriculture must disclose to the Argus Leader newspaper, of Sioux Falls, South Dakota, the annual food stamp revenues for stores nationwide participating in the federal program, a federal judge ruled Wednesday, Nov. 30.
U.S. District Judge Karen Schreier in Sioux Falls disagreed with the Agriculture Department's argument that such disclosure would inflict competitive harm on grocery stores participating in the Supplemental Nutrition Assistance Program, formerly known as the Food Stamp Program. Witnesses for the Department of Agriculture during a 2016 bench trial said that the grocery industry is highly competitive because profit margins are low and that disclosing the food stamp information could be used against businesses by their competitors.
Court shields complaints about troopers from disclosure
A Pennsylvania court says the state police don't have to release six misconduct complaints about a now-fired trooper. The Commonwealth Court decision Nov. 23 says complaints against ex-Trooper Michael Trotta are exempt under Pennsylvania's open records law because they relate to noncriminal investigations. A civil litigation lawyer from Florida had sought access to complaints against Trotta. The lawyer had argued that the complaints should be disclosed, even if the records from any resulting investigations are exempt. Pennlive reports (http://bit.ly/2fzb2eI) that Trotta was fired last year, several months after being accused of using excessive force while arresting a skateboarder in Harrisburg. The skateboarder is suing Trotta and another trooper in federal court. State police settled another federal lawsuit against Trotta over a claim he detained and strip-searched a man without legal justification.
New Jersey Supreme Court nixes woman's bid for town's security video
The New Jersey Supreme Court on Tuesday, Nov. 22, ruled a northern New Jersey town doesn't have to release security camera footage from outside its town hall under state open records laws. In a split decision, the court held that Bloomfield Township was correct in denying the request for the video by a woman who sought footage from a five-day period but later modified the request to cover one day. The ruling reversed earlier rulings by a lower court judge and a state appeals court.
The town had argued the video could reveal information about the security system's operation and its vulnerabilities. It also argued confidential informants or victims of domestic violence might appear on the video. In a 4-2 decision with Justice Anne Patterson not participating, the court agreed, writing that in drafting the Open Public Records Act, the Legislature "created flexible exceptions to preserve public safety and security."
Texas has spent over $7 million fighting foster care lawsuit
Texas has spent more than $7 million fighting a class-action lawsuit over its troubled foster care system. Since 2011, three state agencies have spent nearly $6.6 million in lawyers' and other state staff members' time and on travel, transcription services and other expenses related to the federal suit, according to data obtained by The Dallas Morning News (http://bit.ly/2fDVkAI ) under Texas' open records law. Additionally, the Department of Family and Protective Services has been forced to pay $650,000 for salary and travel expenses of the two experts appointed by the court to come up with a reform plan. Last December, U.S. District Judge Janis Graham Jack declared Texas' foster care system unconstitutionally flawed and ordered the independent overhaul. The lawsuit was filed in 2011 by the New York-based advocacy group Children's Rights and multiple Texas law firms.
Open records law continues to draw proposals for revision
It's been nearly a decade since state lawmakers completely rewrote the Pennsylvania Right-to-Know Law, making fundamental changes to what had widely been considered among the nation's weakest legislation on access to government records. The revised law has made a vast amount of information available to the public, substantially increased the workload for state courts and produced a number of proposals to amend it. Here’s a look at some of what's been under consideration.
Laws keep most Pennsylvania police videos out of public view
Five departments disclosed at least some of what their officers' vehicle cameras recorded at specific scenes identified by journalists during a coordinated test of how public entities are applying the state Right-to-Know Law.
Iowa State rented plane while idling its own
Iowa State University spent up to $225 per hour to rent an airplane for President Steven Leath to fly himself to meetings on multiple occasions even as an older school plane that he piloted sat unused. The university rented the plane from prominent Ames landlord Brent Haverkamp, who was later awarded a lease to store his planes in an Iowa State hangar after the school evicted a longtime tenant, documents obtained by The Associated Press under the open records law show.
At the time of the rentals in 2013 and 2014, the university owned a four-seat Piper plane that Leath had routinely flown. Leath spokeswoman Megan Landolt said the 1978 Piper was slower than Haverkamp's 2004 Cirrus, needed safety and avionics upgrades, and was "therefore not efficient for the kind of travel done on these five occasions."
Information board director quits to take Iowa Senate post
The director of the Iowa Public Information Board has quit so he can become secretary of the Iowa Senate. The Des Moines Register reports (http://dmreg.co/2gLEFsb ) that Charlie Smithson told the board's nine members in an email last week that his resignation is effective Thursday, Dec. 1. The board enforces the state's open records and open meeting laws and began operation in July 2013. Smithson has been its director since Dec. 1, 2014. Margaret Johnson will be interim director while the board looks for someone to replace Smithson. Ed Failor Jr. is an aide to Iowa Senate Republican leader Bill Dix, and Failor confirmed Wednesday that Smithson will be named secretary of the Senate when the GOP takes majority control in January.
Spending on blocking public records requests is murky
Public records being turned over, but some with heavy edits
Government offices across Pennsylvania didn't apply the state's Right-to-Know Law uniformly and sometimes scrubbed critical details from records requests, according to a survey conducted by more than 100 employees of 21 newspapers. The officials, however, were quick to respond to most requests, a sign of improved compliance with the law that was revised eight years ago. Among the survey's findings:
• Requests for documents showing when a government employee had been fired or demoted met with starkly different responses; some agencies willingly turned over severance agreements, others flatly rejected doing so.
• Many government agencies blacked out large portions of documents that were sought to show how much they are paying outside lawyers to deny access to some public records.
• When police dash-cam or body camera videos were sought, only a small percentage were turned over, and when they were, key portions were largely edited out.
OPEN RECORDS, FREEDOM OF INFORMATION • Nov. 30, 2016
Mississippi Legislative leaders backing off bid to keep contracts secret
Legislative leaders in Mississippi have reversed course, now saying that the Legislature cannot keep its contracts from public view — despite a committee's earlier vote to keep them secret. Mississippi Attorney General Jim Hood advised legislative leaders that the law does not allow such secrecy. Legislative leaders on Monday, Nov. 21, said their lawyers had recently concluded the same thing, The Clarion-Ledger reported (http://on.thec-l.com/2gwbJXX ). The House Management Committee last week approved a policy making clear that all contracts for the Legislature are secret. The adopted rule stated that lawmakers can look at them, but they cannot copy them or show them to the public. A contract at the center of the dispute is with EdBuild, a company that's consulting on a possible rewriting of Mississippi's school funding formula. The state is paying $125,000 of the cost, while undisclosed private donors are paying another $125,000.
Salt Lake Tribune asks judge to make BYU police records open
Attorneys argued Monday, Nov. 21, in court whether Brigham Young University is exempt from public records laws as a judge weighs an appeal by The Salt Lake Tribune to a records request that was denied. BYU, privately owned by the Mormon church, contends its police force is not subject to the state's open record law because it was established by the university. The state's record committee agreed, leading the Tribune to appeal the decision to a state court. The police force is a state-certified agency with officers who have the authority to make arrests and use deadly force and the Tribune is arguing it should be treated like all other Utah police agencies that are subject to the state's open record laws. The Tribune wants access to emails between police and the university's honor code office as part of its reporting on allegations that the university was investigating sex assault victims.
Pence, who touts openness, tries to stop document release
Iowa Man accused of killing 2 officers had called police 'heroes'
Arkansas Prosecutor: Fort Smith School Board violated information act
An Arkansas prosecutor says the Fort Smith School Board violated the state's Freedom of Information Act when they conducted business through a series of emails. School board members discussed the new slate of school board officers prior to elections. The Southwest Times Record (http://bit.ly/2fZ54RF ) reports that Sebastian County prosecutor Dan Shue issued a letter to school board members Nov. 8. informing them of the violation. School board president Deannie Mehl says she was under impression that the email thread met FOIA arguments because the proposed slate of officers was first presented in a public meeting. She says the chain of emails was not meant to deceive anyone. Mehls says the practice of sending emails among all board members was not something they routinely do and will not happen again.
Missouri auditor report finds low Sunshine Law compliance
Missouri Auditor Nicole Galloway says most audited local governments didn't fully comply with open-records requests and about 16 percent didn't respond at all.
Galloway's office released findings Tuesday, Nov. 15, from a sampling of Missouri's more than 4,100 local governments. Her office in August sent Sunshine Law requests to more than 300 cities, villages, school districts and other entities. Auditors asked for meeting minutes and agendas. About 37 percent of entities who received requests blew the three-day deadline to respond as required by law. About 16 percent still had not responded as of mid-September, roughly six weeks later.
Only about 30 percent of local government entities fully complied with Sunshine Law requests. The report says poor compliance with the Sunshine Law could mean fines, lawsuits and loss of credibility.
Court rules Notre Dame can keep campus police reports secret
The University of Notre Dame's police department doesn't have to release crime reports about student athletes to ESPN, the Indiana Supreme Court ruled Wednesday, Nov. 16. The court said in unanimous ruling that the private university's police department isn't a public agency that falls under the state open records law. The state's highest court reversed a state appeals court decision from March that said the law applied because the department has legal authority from the state to make arrests and has jurisdiction beyond the university's campus.
The Supreme Court justices found the public records law didn't apply to Notre Dame police because the department isn't part of any level of government.
Restaurant inspections: 208 violations at 44 eateries in October
The Lacrosse (Wisconsin) Tribune reports government health inspectors found an average of 4.4 violations during inspections of 44 dining establishments in the La Crosse area in October. There were 208 total violations reported at 40 locations in Jackson, La Crosse, Monroe, Trempealeau and Vernon counties, according to records provided by state and county health departments. The Sunrise Family Restaurant in Sparta had the most overall violations with 22, six of them priority infractions. The records, obtained through open records requests, were added to the La Crosse Tribune’s restaurant inspection database, which includes all inspection reports since 2013 at restaurants in Jackson, La Crosse, Monroe, Trempealeau and Vernon counties. The database can be searched by establishment, location or the nature of violation.
Public can't see Mississippi House contracts, panel says
OPEN RECORDS, FREEDOM OF INFORMATION • Nov. 16, 2016
Lawsuit: Georgia court denying records' access, violates law
A west Georgia court is jailing people illegally and then making it impossible for them to challenge the violation of their rights by denying them access to their public court records, a lawsuit alleges. The Southern Center for Human Rights filed the lawsuit last week on behalf of two poor women who were recently jailed after appearing in Recorder's Court in Columbus, about 105 miles southwest of Atlanta near the Alabama border. It says the women want to challenge their convictions and probation revocations, but are unable to access court files their attorneys need to properly investigate or decide on a course of action. The lawsuit calls the Columbus Recorder's Court "a troubled and dysfunctional institution whose judges and clerks routinely disregard the rights of defendants, including indigent citizens."
Iowa State president had earlier 'hard landing'
Iowa State University President Steven Leath damaged a private plane in a hard landing in 2014, 11 months before he banged up a university aircraft in remarkably similar fashion, according to documents obtained by The Associated Press. Leath was flying in gusty conditions on Aug. 11, 2014 and "landed hard" in a crosswind, causing propeller damage that he discovered the next day, according to university records released under the open records law. The documents show that the university didn't fully disclose information about both incidents in its application for aviation insurance earlier this year. It's not clear whether this might affect the policy, which covers millions of dollars in liability and damage for both university planes. The policy, which cost $51,000 in premiums, contains a warning that it will be voided "if you have concealed or misrepresented any material fact."
Groups say Oklahoma governor stalling in release of records
A newspaper and an advocacy group that have waited more than two years for public records from the Oklahoma Gov. Mary Fallin's office are asking a court to order the governor to release the documents immediately. Attorneys for The Oklahoma Observer newspaper and nursing home watchdog A Perfect Cause filed a motion for summary judgment on Monday, Nov. 14, in Oklahoma County District Court. A Perfect Cause requested documents in May 2014 dealing with the interaction of Fallin's office with the nursing home industry. The Oklahoma Observer sought records in June 2014 related to Fallin's consideration of clemency for two death row inmates. The Oklahoma Open Records Act requires the governor and other state agencies to provide "prompt, reasonable access" to public records. A Fallin spokesman declined comment, citing pending litigation.
Fight for piano tuner's house continues _ legal bills, too
Haslam announces departure of Revenue Commissioner Roberts
Tennessee Revenue Commissioner Richard Roberts is leaving Gov. Bill Haslam's Cabinet. The governor announced Wednesday, Nov. 9, that Roberts' last day at the agency responsible for state tax collections will be Dec. 2. Haslam called Roberts a "valuable part" of his administration since 2011, and lauded him for streamlining processes for businesses and updating the state's tax code. The Revenue Department was unsuccessfully sued last year by a Nashville attorney who argued that the agency's refusal to release records related to a $350,000 analysis of business tax collections was a willful violation of the Tennessee Open Records Act. Roberts in an affidavit in the case said Tennessee law provided him wide latitude to decide to deny records requests based on what is "in the best interests of the state."
OPEN RECORDS, FREEDOM OF INFORMATION • Nov. 8, 2016
Cash payout resolves lawsuit over handcuffing of Iowa girl
OPEN RECORDS, FREEDOM OF INFORMATION NOV. 1, 2016
Kentucky governor releases emails following lawsuit
Kentucky's Republican governor has released 13 pages of emails about a disputed road project after the state legislature's top Democrat filed a lawsuit to get them. House Speaker Greg Stumbo had requested the emails under the state's open records act. Last week, Bevin released some emails but said 13 pages were "exempt from disclosure" under the law because they were preliminary drafts and notes. Stumbo filed a lawsuit Friday, Oct. 28, asking a judge to force Bevin to release the documents. Bevin released the emails Friday afternoon. They contain discussions among Bevin's staff about how to respond to a reporter's questions about the project. Stumbo says Bevin delayed the road project to punish a Democratic lawmaker for refusing to switch parties. Bevin says the project was flawed and should not have been approved by the previous governor.
Board votes to pursue records complaints in Iowa shooting
A state board has voted to pursue open records complaints against Burlington police and the Iowa Division of Criminal Investigation over records regarding a fatal shooting. The Iowa Public Information Board voted 5-3 Thursday, Oct. 27, to reinstate charges in connection to investigative records about an officer's accidental shooting of Burlington resident Autumn Steel in January 2015. The vote comes after multiple attempts by the panel to proceed with examining whether the agencies violated Iowa's open records law. An administrative law judge dismissed the complaints in September, citing procedural defects. The board rescinded an initial vote this month over filing proceedings. Authorities have said they properly released records as required by law. The Burlington Hawk Eye reports (http://bit.ly/2ePx9Oc ) board officials have not disclosed details about an expected evidentiary hearing.
OPEN RECORDS, FREEDOM OF INFORMATION OCT. 25, 2016
Iowa board backs open records complaint, delays final action
A panel has tentatively agreed to reinstate open records complaints against Burlington police and the Iowa Division of Criminal Investigation. The Burlington Hawk Eye reports (http://bit.ly/2dv6jq0 ) the Iowa Public Information Board Thursday, Oct. 20, voted 4-2 to reinstate charges regarding investigative records about an officer's accidental shooting of Burlington resident Autumn Steel in January 2015. An administrative law judge dismissed the complaints in September, citing procedural defects. Authorities released a brief body camera clip of the shooting and summary of the incident but won't release additional records, saying records can be kept secret because they are part of an officer's investigative report. The officer wasn't charged. On Thursday, the board voted to refile the complaints, then rescinded the vote to ensure they were properly filed. The board will vote again Oct. 27.
Texts show lawmakers wanting to help Texas AG's legal woes
Private text messages show lawmakers wanting to help Texas Attorney General Ken Paxton by potentially halting payments to prosecutors over his criminal case. The Dallas Morning News reported Thursday, Oct. 20, (http://bit.ly/2dRYls4 ) that five Republican lawmakers exchanged messages last week about convincing a county judge to stop paying three special prosecutors. The newspaper obtained the messages under open records laws. Paxton has pleaded not guilty to felony charges of duping investors in a tech startup and could go to trial as early as next year. Taxpayers are footing the bill for Paxton's prosecution, and a Tarrant County judge has ordered Collin County to pay prosecutors' $300-an-hour fees. The text messages were sent between state legislators Jodie Laubenberg, Jeff Leach, Scott Stanford, Matt Shaheen and Sen. Van Taylor.
Iowa prosecutor dropped inquiry on Iowa State leader's plane
A state prosecutor was told to drop an inquiry into Iowa State University President Steven Leath's damage of a school airplane after the Iowa Board of Regents' top lawyer contacted the attorney general's office about the probe, state officials confirmed Wednesday, Oct. 19. Prosecutor Rob Sand, who has pursued white-collar crime and misconduct by public officials, sought and obtained public records about Leath's plane accident after it was revealed last month. But his inquiry was ended days later when leaders of the Board of Regents learned about it and had the board's lawyer contact Iowa Attorney General Tom Miller's office, where Sand is an assistant attorney general. Sand's inquiry began Sept. 23, according to documents provided to The Associated Press under an open records request. That was the same day the AP reported Leath, a pilot, was flying home from an 11-day vacation at his home in North Carolina when he suffered a hard landing.
PERS attorneys earned $1,627 in fees in public records spat
Attorneys representing the state's Public Employees Retirement System racked up $1,627 in fees in a dispute with a Salem Statesman-Journal reporter who asked the agency to waive a public records request fee. The Bend Bulletin reported Wednesday, Oct. 19, (http://bit.ly/2eiFoRM) that attorneys racked up the fees over a $112 fee. The Oregon Department of Justice overturned the rule last month that allowed PERS to charge for those records. The move reversed a 2002 interpretation of the law by an earlier state attorney general. Lottery employees this summer told The Bulletin they couldn't waive a $260 fee for a chain of emails. After the ruling, the lottery waived the fee and released the records. Oregon Attorney General Ellen Rosenblum is heading a task force to improve the state's public records law.
OPEN RECORDS, FREEDOM OF INFORMATION OCT. 18, 2016
Iowa State president's pal, NRA official among plane users
Iowa State University is trying to shield the names of nearly two dozen people who have flown on a school airplane with President Steven Leath, including his self-described best friend and "hunting buddy," a National Rifle Association Board member and an infamous athletics booster. The university last week released records showing flights that Leath took in the last 2½ years on its King Air but redacted the names of passengers who joined him on several trips. The university said their names were redacted — despite Leath's vow to be "super open" about his travel — because the Iowa open records law exempts documents that identify donors or prospective donors from disclosure. That rationale drew criticism from the Iowa Freedom of Information Council, whose director Randy Evans said the redactions make it impossible to judge the legitimacy of Leath's flights.
AP Exclusive: US elections chief left behind Kansas scandal
When Brian Newby took the helm of a federal election agency, he left behind an unfolding scandal in Kansas where he was having an affair with a woman he promoted in his previous job and used her to skirt oversight of their lavish expenses, prompting a local prosecutor to investigate, according to emails obtained by The Associated Press. The affair and resulting fallout was revealed in hundreds of emails ordered released after AP sued Johnson County, the Kansas City suburb where Newby was the top election official before leaving to become executive director of the U.S. Election Assistance Commission. The emails — coupled with hundreds more obtained from the Kansas secretary of state's office through a separate open records request — portray a rogue election official who berated employees and deliberately bypassed supervision.
Overtime totals $216K after fatal Tulsa police shooting
Tulsa, Oklahoma, police paid more than $216,000 in overtime in the 10 days after the fatal shooting of a man by a police officer. The Tulsa World (http://bit.ly/2e9f8dF ) obtained the costs in an open records request. The expenses covered increased staffing of patrols for demonstrations, marches, the funeral and news conferences after Terence Crutcher was shot and killed by Officer Betty Shelby on Sept. 16. Police paid $216,110 in overtime, including $78,350 on the day of Crutcher's funeral and at least two rallies. More than $27,000 was paid the day District Attorney Steve Kunzweiler announced first-degree manslaughter charges against Shelby. Shelby has pleaded not guilty. Deputy Police Chief Eric Dalgleish said the expenses were necessary to ensure proper staffing of events after the shooting and still provide "core police services."
At least two open investigations into drugging at Delta Upsilon
University of Missouri officials have at least two open investigations into the potential use of "date rape" drugs at Delta Upsilon fraternity. ABC 17 News first reported Wednesday, Oct. 12, through an open records request the series of incidents that led to a temporary suspension of Delta Upsilon in late September. The fraternity was given disciplinary probation just a day before a racially-charged incident with students in the Legion of Black Collegians ended up in DU front lawn on September 27. The national organization placed its Columbia chapter on emergency suspension the next day, and the school's Office of Student Conduct continues to investigate that issue.
OPEN RECORDS, FREEDOM OF INFORMATION OCT. 11, 2016
Kennedy named to Open Government Hall of Fame
Sam Kennedy, a former Tennessee Press Association president who helped push for the state's sunshine law, is being inducted to the State Open Government Hall of Fame in Washington. Kennedy was the editor and publisher of the Columbia Daily Herald and led the government affairs committee of the Tennessee Press Association for 30 years. He is credited with helping draft the open government law that was passed by state lawmakers in 1974. He also helped pass the 1973 reporter's shield law in Tennessee. Kennedy still writes a column for the newspaper he sold in 1983. A panel from the National Freedom of Information Coalition and Society of Professional Journalists elected Kennedy is the 16th member of the hall of fame. His formal induction was scheduled for Saturday, Oct. 8.
Columbia police union sues city over public records requests
A union representing Columbia, Missouri, police officers is suing the city after it refused to release some public records and asked for what the union called "exorbitant" fees to fulfill the request. The Columbia Police Officers Association filed the lawsuit Thursday, Oct. 6. It alleges that the city violated Missouri's open records law and wants a judge to order it to release all the documents the union is seeking and to provide a "reasonable and lawful" estimate of the costs of producing the documents. The suit stems from a July request by the union for all emails between Chief Ken Burton and Deputy Chief Jill Schlude written from June 1 to July 22. The lawsuit alleges the city did not reply within the legally required three business days and then said it would cost $840 to fulfill the request.
University of Louisville sues retired professor over records
A retired University of Louisville medical school professor who writes a blog is being sued by his former employer after he requested records related to a ban on postseason play for the men's basketball team. Media outlets report the university filed a lawsuit Sept. 30 in Jefferson Circuit Court seeking to reverse an attorney general's opinion that it violated the Kentucky Open Records Act by not giving Dr. Peter Hasselbacher the documents. Ramsey announced the one-year ban in February after an escort said a former Louisville staffer paid her and other dancers to have sex with recruits and players. The university's attorneys say the school would have preferred to name the attorney general's office as the defendant but was required by law to name Hasselbacher, who is a professor emeritus.
Judge awards $57K in attorney's fees in open records lawsuit
A Tennessee judge has ordered the city of Nashville to pay nearly $57,000 in attorney's fees in an open records case related to police reports. Senior Judge Robert E. Lee Davies ruled in August that Metropolitan Nashville Police had misinterpreted and ignored state law regarding prompt responses to records requests after the department began in 2014 to require specific records requests after previously making redacted accident reports available in their entirety. The city had argued that state law gave its attorneys seven days to respond to each request. Davies said records must be released promptly unless there is a specific reason why they can't be. Davis found that the city was willful in failing to follow the law, a requirement for awarding attorney's fees in public records lawsuits.
D.C. Metro rail oversight plan applauded by transparency advocates
Advocates for government transparency applauded a District of Columbia Council decision to include open records provisions in legislation to create a multijurisdiction Metro safety oversight commission. "Residents are entitled to know what the Metro Safety Commission is doing," Kevin Goldberg, president of D.C. Open Government Coalition, said Tuesday at a public hearing on the legislation. "We absolutely support those changes." The "Metrorail Safety Commission Interstate Compact" would authorize a tri-state panel to create and enforce safety regulations, inspect systems, mete out citations and order Metro officials to prioritize funding on "safety-critical" projects. The proposed commission must be approved by elected officials in the District, Maryland and Virginia.
Teacher’s records, subject of earlier Supreme Court decision, must be released
A former Wisconsin teacher and school district administrator whose personnel records were the subject of a state Supreme Court ruling 20 years ago cannot block release of those records, a state appeals court said Tuesday, Oct. 4. The District 3 Court of Appeals said that the New Richmond School District can release the personnel records of Thomas Woznicki, finding that he failed to show that public interest in disclosure of the records was outweighed by public interest in keeping them secret. Woznicki had sought an injunction in St. Croix County Circuit Court barring release of the records. A judge there ruled last year that Woznicki could not block release of the records. Tuesday's appeals court's ruling does not seek to change anything about the process for challenging and releasing public records. Instead, the court said that there is "significant public interest supporting disclosure" of Woznicki's personnel records.
OPEN RECORDS, FREEDOM OF INFORMATION OCT. 5, 2016
UK sues Herald-Leader in open records case over failed deal
The University of Kentucky is suing the Lexington Herald-Leader in order to avoid revealing documents about a failed business deal between UK HealthCare and a Hazard cardiology firm. The Lexington Herald-Leader (http://bit.ly/2dqnETH) says it had requested a Power Point presentation given to the UK Board of Trustees by District of Columbia lawyer David Douglass about the Appalachian Heart Center. The university paid $1 million to Douglass and $4.1 million to the federal government because of billing problems at the cardiology firm it acquired in 2013. The university has already filed a related lawsuit seeking to overturn Attorney General Andy Beshear's ruling that UK violated the Kentucky Open Records Act when it refused to turn over documents related to a dinner meeting in which Douglass briefed board members.
Discrimination against Nixon delayed as more cases surface
A lawsuit accusing Kansas Gov. Jay Nixon of age and gender discrimination has been delayed as more cases surface. The Kansas City Star said an open records request also turned up two additional discrimination lawsuits against executive branch agencies, including one naming Nixon as a defendant. Jury selection was scheduled to begin Friday, Sept. 30, in the lawsuit of fired Missouri Department of Labor employee Gracia Backer, the newspaper (http://bit.ly/2ddVVW5 ) reported. Backer alleges she was terminated because she complained to Nixon's office that her boss, former Department of Labor Director Larry Rebman, was creating a hostile work environment and discriminating against older female employees. But a judge this week decided to postpone the trial until late February, after Nixon leaves office.
OPEN RECORDS, FREEDOM OF INFORMATION SEPT. 27, 2016
LePage's documents don't back up claims on blacks, Hispanics
Maine Gov. Paul LePage released his informal documentation Monday, Sept. 26, on drug arrests and they don't back up his claim that out-of-state blacks and Hispanics account for "90-plus percent" of Maine's trafficking arrests for heroin and similar drugs. LePage's claims at a town hall meeting in August were met with skepticism, but he insisted he had collected news clippings supporting his statement. Media organizations then requested the contents of the three-ringed binder under the Maine Freedom of Access Act. An Associated Press analysis of the Republican governor's documents show black and Hispanic defendants from out of state comprised no more than about one-third of the arrests for heroin and opioid-derived drugs in LePage's binder.
Brownback: Budget proposals not considered open records
State agencies' annual budget recommendations to the Kansas governor are merely "draft" documents and not subject to the state's open record laws, Gov. Sam Brownback's administration insisted Friday, Sept. 23. Budget director Shawn Sullivan has advised Cabinet agency staff members that budget proposals submitted to Brownback are internal documents that are not public information under the Kansas Open Records Act. The state's finances are in the spotlight because of persistent state tax revenue shortfalls, potential mid-year cuts by Brownback, proposed revision of employee layoff policies and the upcoming November election.
lllinois Executive Mansion work to follow funding rules
An agreement shows that a privately funded renovation of the Illinois Executive Mansion in Springfield will follow wage and bidding rules required of traditional taxpayer-funded construction. The (Springfield) State Journal-Register (http://bit.ly/2cUjqTB ) obtained the agreement between the state's Capital Development Board (CDB) and the non-profit Illinois Executive Mansion Association via an open records request. The mansion association is leading efforts to raise private money for an estimated $16 million renovation of the historic home. As of Summer 2016, the campaign led by Gov. Bruce Rauner had raised $4.5 million.
Montana newspaper files to make Superfund negotiations public
A Montana newspaper wants a judge to lift a confidentiality order on the Butte Hill Superfund site settlement talks, saying the public deserves to know what government agencies are negotiating in the mining pollution cleanup that will affect the community for decades to come. The Montana Standard and an environmental advocacy group called the Silver Bow Creek Headwaters Coalition filed a request Tuesday, Sept. 20, in U.S. District Court in Butte to intervene in the case between the U.S. Environmental Protection Agency and Atlantic Richfield Co. If U.S. District Judge Sam Haddon allows the newspaper and environmental group to intervene, they plan to argue that Haddon's 2002 order to keep settlement negotiations secret block access to what would otherwise be public information.
House OKs bill to subject Michigan’s governor, Legislature to FOIA
The House voted overwhelmingly Wednesday, Sept. 21, to subject Michigan's governor and lawmakers to public records requests, passing legislation that gained momentum in the wake of Flint's water crisis and a sex scandal that forced two legislators from office. It is the first time such bills appear to have cleared a legislative chamber since passage of the Freedom of Information Act 40 years ago. The 1976 law explicitly exempts the governor's office from records requests. And a 1986 opinion by the state attorney general said legislators also intended to exclude themselves from the law.
Claremore, Okla., police stop using cameras in patrol cars
Police Chief Stan Brown said on Monday, Sept. 19, the Claremore, Okla., police department stopped using cameras in patrol cars on Sept. 7 after a storm on Aug. 25 damaged the equipment and replacement costs proved too expensive. Brown told the Claremore City Council during its regular meeting that in addition to expense related to purchasing equipment, the cameras are not feasible for Claremore police due to expenses related to maintenance and the Oklahoma Open Records Act. “In light of the legislative changes for video retained by law enforcement it is nearly … impossible for us to deny anyone, anyone access to video that we retain the result,” said Brown. “If someone files an open records request, it then takes someone to sit down to make sure there is not video that is required to be redacted by statute … you can see the monster that creates that drains resources and manpower.”
OPEN RECORDS, FREEDOM OF INFORMATION SEPT. 20, 2016
MUSC dean is open to revising how honor violations probed
The dean of the Medical University of South Carolina College of Medicine says he's willing to look at how honor code violations are investigated at the school. The Post and Courier of Charleston reports (http://bit.ly/2cVR8tP ) angry medical students met Dr. Raymond Dubois on Monday, Sept 19. Earlier the newspaper, in an account based on sources, reported two students with political ties were brought before the Honor Council after allegations of cheating. The council recommended expulsion, but the decision was overturned by DuBois. DuBois said Monday he could not discuss the case because of federal privacy laws but said the decision was not based on outside influences. MUSC has told the newspaper it would cost more than a quarter million dollars to comply with an open records request about the cheating allegations.
Email offers clues to University of Missouri search
Newly obtained emails show that five to nine candidates made the cut to be semifinalist for the job of leading the four-campus University of Missouri system. The Columbia Daily Tribune (http://bit.ly/2dasd3c ) reports that the disclosure was made in internal emails from last month recommending a car service for presidential search interviews. Few details have been released about the presidential search. The paper obtained the email through an open records request. Earlier this month, a 16-member search committee concluded two days of 10-hour meetings. But committee leaders have declined to say how many candidates were interviewed or provide any other particulars. Protests last year over racial issues on the Columbia campus led to the resignation of former system president Tim Wolfe and Columbia's former chancellor R. Bowen Loftin.
Kansas plane getting paint job, electronics upgrade
Kansas budget woes haven't touched the state's executive aircraft, which is getting a new paint job, a spruced up interior and upgraded avionics this year. Along with regular operating costs, the improvements will cost taxpayers nearly $900,000, according to interviews and other documents obtained through an open records request by The Associated Press. Senate Democratic Leader Anthony Hensley called the spending "highly ironic" at a time when funding for highway projects has been slashed. Gov. Sam Brownback and his allies have taken billions of dollars from the transportation department's highway fund over the years to balance the state budget.
News organization sues university foundation over records
WFPL-FM's Kentucky Center for Investigative Reporting has filed a lawsuit against the University of Louisville Foundation to force the release of documents. WFPL reports (http://bit.ly/2cJk5cu ) that the Kentucky attorney general has ruled that the foundation violated Kentucky open records law by refusing to release documents to the center. The lawsuit was filed Thursday, Sept. 15, in Jefferson County Circuit Court. It seeks an injunction to force the foundation to release ethics and disclosure forms, along with payroll and financial documents the center first requested in February. WFPL said the foundation has said the records requests were burdensome because they were "overly broad and blanket in nature." The foundation manages the university's some $700 million endowment. A spokesman said the foundation's attorneys are reviewing the lawsuit and that foundation Chairman Bob Hughes doesn't comment on active litigation.
Testimony reveals inmates told secretary about abuse
New testimony reveals that inmates at Wisconsin's troubled juvenile prison swarmed the corrections secretary during a 2015 visit to complain that they were being harmed by staff. The testimony on Tuesday, Sept. 13, came during an employment hearing into the former secretary's termination. After resigning in February, Ed Wall returned to a job in the Department of Justice, but was later fired earlier by Attorney General Brad Schimel following concerns he was trying to undermine the state's open records law. The Journal Sentinel (http://bit.ly/2cV98pJ ) reports Wall's attorney, Lester Pines, said Wall was alarmed to learn about the inmates' accusations at Lincoln Hills School for Boys eight months after the DOJ began an investigation into possible abuse. The Department of Corrections says the inmates were told to write to Wall about their concerns.
Oregon DOJ overturns rule on public records fees
The Oregon Department of Justice has overturned a rule requiring some state agencies to charge for public records, a move that reverses a 2002 interpretation of the state's public records law by an earlier state attorney general. The Statesman Journal reported Sept. 14 (http://stjr.nl/2ceV7Rb ) that the ruling came about because the newspaper challenged the state's Public Employees Retirement System over a fee for a public records request. The retirement system charged the newspaper $112 to produce the 2015 travel receipts of its director and board member and then denied the newspaper's request to waive the fee.
Court weighs when public can view state police videos
Police dash camera videos that are routinely released in other states could become more available for public view in Pennsylvania under a case argued Wednesday, Sept. 14, before the state Supreme Court. A state police lawyer voiced strong opposition, saying existing law largely prevents disclosure and warning a change in policy could be costly for police agencies, compromise investigations and expose details about private citizens against their wishes. The legal dispute began when a woman sought copies of dash cam video from a 2014 traffic accident near State College that involved her friend. The justices must decide whether to uphold a lower court ruling that granted access to the videos, or uphold restrictions on disclosure favored by the state police and local government groups. As standard practice, the court didn't indicate when it might rule.
County judge rejects bid to bar reporters in double murder case
A Marin County judge rejected an attempt to bar news reporters from portions of a preliminary hearing for two drifters accused in a pair of high-profile Bay Area killings - a motion by defense attorneys that was vigorously opposed in court by the San Francisco Chronicle. Attorneys for 24-year-old Morrison Haze Lampley argued that the press should be excluded from key portions of the evidentiary hearing in order to protect his right to a fair trial. Chief Deputy Public defender David Brown contended that portions of the evidence to be presented by prosecutors at the hearing - including yet-to-be revealed statements to police made by Lampley's co-defendant, 19-year-old Lila Scott Alligood - may be inadmissible for trial.
ESPN: Notre Dame police have 'core powers of the state'
The University of Notre Dame police department's powers make it subject to the same public records law other police agencies must follow, an attorney for ESPN told Indiana's highest court Tuesday, Sept. 13, arguing that the school should release records of student-athletes' run-ins with the law. ESPN attorney Maggie Smith said Indiana's law applies to "any agency that is engaged in the investigation, apprehension, arrest or prosecution" of individuals. "We are talking about the core powers of the state — the opportunity to deprive an individual of a liberty interest," she told the state Supreme Court. ESPN sued Notre Dame in January 2015, asking a trial court to order the school to release campus police records detailing allegations against student-athletes. That St. Joseph County court ruled in Notre Dame's favor three months later, finding that Indiana's private schools aren't subject to its open records law.
OPEN RECORDS, FREEDOM OF INFORMATION, FIRST AMENDMENT SEPT. 13, 2016
AP: Fishermen-Exploited in Paradise
Pier 17 doesn't even show up on most Honolulu maps, The Associated Press reports. Cars whiz past it on their way to Waikiki's famous white sand beaches. Yet few locals, let alone passing tourists, are aware that just behind a guarded gate, another world exists: foreign fishermen confined to American boats for years at a time. Hundreds of undocumented men are employed in this unique U.S. fishing fleet, due to a federal loophole that allows them to work but exempts them from most basic labor protections. Many come from impoverished Southeast Asian and Pacific nations to take the dangerous jobs, which can pay as little as 70 cents an hour. With no legal standing on U.S. soil, the men are at the mercy of their American captains on American-flagged, American-owned vessels, catching prized swordfish and ahi tuna. … The entire system, which contradicts other state and federal laws, operates with the blessing of high-ranking U.S. lawmakers and officials, an Associated Press investigation found.
Virginia Pilot: Norfolk recycling students
History class had just begun at Lake Taylor High when 10 students were told to get up and leave the room, the Virginia Pilot says. It was the second semester in early February 2015, and they were ready to take the second part of a World History & Geography course. But these students’ schedules had been changed, so they would now take the first part of the class again. The students gathered their notebooks and headed to another classroom, said Bruce Brady, senior history coordinator for Norfolk Public Schools, who had been making his usual round of visits. None of the kids made a fuss. But Brady did. The students were moved because they had low grades, he wrote that same day in an email to the director of curriculum and instruction. “I do not know if the practice is allowable, but I personally feel that the practice is unethical and not done in the best interest of the child,” according to emails The Virginian-Pilot obtained through a public information request. “Rather, it is done to limit exposure to testing in the spring and does not address instructional issues that need to be fixed.” … This type of schedule change is often called “recycling.” It keeps students with low grades from taking state-required Standards of Learning exams in the spring. And it’s a longstanding practice in Norfolk, Chief Academic Officer Kipp Rogers said.
Denver Post: Rafting company in trouble when boy drowned
The rafting company Drake Durkee’s grandparents chose for what would become the 11-year-old’s last outing was on its second summer of probation for violating state regulations and had been warned it could lose its permit unless it improved, The Denver Post reports. That information, though, was something the boy’s family could not have known by looking at the company’s glossy brochure, the walls in its Buena Vista office or on the websites of the state parks department or the headquarters of the Arkansas River. The probationary status was not even mentioned in the state’s investigative report on Drake’s death. It took The Denver Post multiple days, a Colorado Open Records Act request and more than $100 to receive a list of rafting companies on probation.
Newspaper asks court to halt LNG plant permits until safety studies’ release
The News Tribune in Tacoma, Washington, has asked a state appellate court to halt all permitting and other work on Puget Sound Energy’s proposed Tideflats liquid natural gas plant until the project’s safety studies are released. The request came in a court filing in the utility company’s lawsuit seeking to keep the fire and citing reports filed with the city of Tacoma over the 30-acre, $275 million project from being released to the newspaper under a public records request. Puget Sound Energy has sued the newspaper, the city and the reporter who filed the request, claiming that allowing public access to the documents could increase the possibility of terrorist attack. In August, Pierce County Superior Court Judge Frank Cuthbertson ordered the records released after a seven-day waiting period, but the utility asked the appeals court to intervene and block the disclosure.
AG intervenes in Kentucky university suit against school paper
Kentucky's attorney general turned up the pressure on the state's flagship university to release documents regarding a sexual harassment investigation of a professor. Andy Beshear told reporters he will ask a judge to order the University of Kentucky to turn over the documents to him so that he can determine if they are exempt from public inspection. Beshear's office recently issued an opinion that UK violated the state's open-records law by withholding documents on the professor's case from the student newspaper, the Kentucky Kernel. In response, the university sued the newspaper.
Judge rules that Christie emails must be searched
Republican Gov. Chris Christie's personal email must be searched _ or he must prove that it already has been _ to comply with the state's public records law, a judge has ruled. The Record (http://bit.ly/2c5AUgy) reports that Superior Court Judge Mary Jacobson issued the ruling in response to a request filed last year by North Jersey Media Group, the newspaper's publisher. The request sought records related to a range of subjects, including the George Washington Bridge scandal. Among the records requested, the newspaper asked for email correspondence between the governor and his aides dealing with a 2013 meeting with Democratic Jersey City Mayor Steven Fulop and the Port Authority of New York and New Jersey.
Candidate quits race after call for rape of journalist
A New Jersey Republican ended his campaign for local office following reports that he called online for the rape of a Washington-based reporter for news and opinion website The Daily Beast. Mike Krawitz, who was running for the township council in West Deptford, sent a handwritten resignation note to the party saying he was dropping out. Earlier, Krawitz told The Philadelphia Inquirer that his account was hacked and that he didn't make the comment on journalist Olivia Nuzzi's Facebook account. But Nuzzi, a New Jersey native, said she has been harassed on social media by Krawitz since December 2015.
Facebook allows postings of 'napalm girl' photo after debate
Facebook reversed an earlier decision to remove postings of an iconic 1972 image of a naked, screaming girl running from a napalm attack in Vietnam, after a Norwegian revolt against the tech giant. Protests in Norway started last month after Facebook deleted the Pulitzer Prize-winning image by Associated Press photographer Nick Ut from a Norwegian author's page, saying it violated its rules on nudity. The revolt escalated when Norwegian Prime Minister Erna Solberg posted the image on her profile and Facebook deleted that too. The brouhaha is the latest instance in which Facebook's often opaque process for deciding what stays and what goes on its network has spurred controversy. Initially, Facebook stood by the decision, saying it was difficult to create a distinction between allowing a photograph of a nude child in one instance and not others. But later it said it would allow sharing of the photo. "In this case, we recognize the history and global importance of this image in documenting a particular moment in time," Facebook said in a statement.
Minneapolis Star Tribune isn't required to release source's identity
The Minneapolis Star Tribune doesn’t have to reveal a source from a 2013 story critical of a Chisholm nursing home, according to a state Court of Appeals ruling that reversed a decision by the St. Louis County District Court. The Range Development Co., which owns Hillcrest Terrace Assisted Living Facility, sought the identity of a confidential source who had leaked a Department of Health report to former Star Tribune reporter Paul McEnroe in advance of its public release. The report found neglect in the care of the patient. But Range Development claimed the story contained nine damaging misstatements not in the report so they sought the identity of the confidential source, claiming the person may have provided the embellishments. But the court sided with the Star Tribune in a 21-page opinion written by Judge Lucinda Jesson.
Mississippi Judge orders Hinds County district attorney cases unsealed
A judge has ordered the documents from a number of circuit court cases involving Hinds County (Mississippi) District Attorney Robert Shuler Smith unsealed. Judge Larry Roberts granted motions by The Clarion-Ledger to open the records. Lawyers for Attorney General Jim Hood and Smith say they agree with the decision. The newspaper has argued that judges did not follow proper legal procedures in closing the cases, which deal with disputes over how Smith was using grand juries in Mississippi's largest county.
OPEN RECORDS, FREEDOM OF INFORMATION, FIRST AMENDMENT SEPT. 6, 2016
State Dept. to give AP all Clinton schedules before election
The State Department agreed to turn over all the detailed planning schedules from Hillary Clinton's time as secretary of state to The Associated Press by mid-October. It was an abrupt reversal from U.S. government lawyers' warning last week that hundreds of pages would not be released until after the presidential election. The decision is significant because it will make available before the election all of Clinton's minute-by-minute schedules. Those planning documents offer a detailed look at Clinton's daily routine during her four-year tenure as secretary of state between 2009 and 2013. The State Department provided the AP some of the Democratic presidential nominee's official calendars from her time at the department. But in some instances the calendars had been edited after her events and, in some cases, names of those who met with her had been omitted. The department has so far released about half of her more complete daily schedules. The new agreement was drawn up after government lawyers told the AP last week that the department expected to release the last of the detailed daily schedules around Dec. 30, weeks after the election. The AP objected to the delays. The daily schedules drew attention last week after the AP reviewed the two years of schedules released so far, plus Clinton's official calendars. From those, the AP determined that more than half the people who Clinton met or spoke with — outside of members of the U.S. or foreign governments — had donated to the Clinton Foundation either personally or through companies or groups. … The AP first asked for all Clinton's calendars in 2010 and again in 2013 under the U.S. Freedom of Information Act, but the State Department did not release them. After further delays, the AP sued the State Department in federal court in March 2015 to obtain the planning materials and other records, leading to Leon's order.
Denver Post: Multiple DUIs, many outcomes
Colorado judges are handing out wildly different sentences for habitual drunken drivers convicted under a new felony DUI law, with about one in 12 defendants receiving no incarceration time and others getting lengthy prison sentences, a Denver Post review of sentencing data shows. The disparities have prompted complaints from prosecutors who say that the law making fourth and subsequent DUI offenses felonies, which went into effect last year, was a step backward in an important way: Under the old law all offenders with three or more misdemeanor drunken-driving charges got at least 60 days in jail. That law still applies to third-time offenders, but for felony fourth-time offenders judges now have wide discretion on whether to impose any incarceration. The Post reviewed the cases of 316 felony DUI offenders sentenced since the law took effect in August 2015. The newspaper, which obtained the data from the state in an open-records request, found 25 of the cases resulted in probation or community service but no incarceration time. Nearly 30 percent of the cases resulted in a prison sentence and about 48 percent included a straight jail sentence. The rest of the sentences, about 22 percent, were for time served in halfway houses, jail work-release programs or straight probation, the review found.
Pittsburgh Post-Gazette: For-profit hospitals provide less charity care
It was May 16, 2001, and Chester County Orphan’s Court Judge Larry Woods had listened through a 45-minute hearing on what was only the second hospital in Pennsylvania ever to be sold willingly by a nonprofit organization to a for-profit company, the Pittsburgh Post-Gazette reports. He had one question. Three officials from the nearly 100-year-old Brandywine Hospital in Coatesville, located about 40 miles west of Philadelphia, and its for-profit suitor, Community Health Systems of Nashville, had just testified. But the judge, who had the power to approve or disapprove the purchase, realized scant attention had been paid to the one issue he was most concerned about. According to a transcript from the hearing, Mr. Wood turned to the final witness, Gary Newsome, a vice president for CHS, and asked him: “I’m particularly concerned, sir, you understand, or at least it’s my understanding that your organization will be obliged to provide health care to all economic levels of the communities?” “Absolutely, your honor,” said Mr. Newsome. But data provided to the Post-Gazette after a Right-to-Know request to the Pennsylvania Health Care Cost Containment Council, a state agency that has been collecting charity care data from hospitals since 1995, shows that did not happen at Brandywine after CHS bought the hospital. And it did not happen at 14 of the 15 formerly nonprofit hospitals CHS bought in Pennsylvania from 1999 to 2014. In those 14 hospitals — from Berwick Hospital purchased in 1999 to Sharon Regional Hospital purchased in 2014 — charity care dropped dramatically after CHS purchased them.
Ally Miller, Oro Valley GOP, ban media from election night shindig
Whether there are tears or joy at an election-night party for Ally Miller and members of the Oro Valley GOP, it won't be documented in the annals of Tucson media. That’s because journalists aren't allowed to cover the gathering at the Fox & Hound. An Arizona Daily Star photographer was not allowed entry to the Tucson restaurant. A sign at the entrance of the restaurant said that no members of the media would be welcome. Miller has had a tense relationship with many local media outlets, including the Star, and generally avoids reporters. In recent months, the Star and other outlets have reported on an ongoing controversy surrounding her use of private email to conduct public business, something she has denied doing. However, emails obtained by the Star through public records requests show Miller regularly corresponding with staff via private email accounts, one of several measures she wrote were necessary to avoid the "prying eyes" of county officials.
State appeals court says N.J. may deny access to public records
A state appeals court ruled that government agencies in New Jersey may deny access to public records by saying they can “neither confirm nor deny” their existence. With the appellate court’s ruling, New Jersey has become the second state to adopt as law what one veteran media lawyer called “a broad and damaging secrecy tool” first used by the U.S. government during the Cold War to protect its national security interests. The other state, Indiana, has authorized “neither confirm nor deny” responses through statute, not through a court ruling. The three-judge panel of the Appellate Division ruled against North Jersey Media Group, a division of Gannett that publishes The Record and other newspapers.
Media challenging ruling keeping Bundy case documents secret
Media organizations are challenging a federal magistrate judge's order to keep many documents secret in the Nevada criminal case involving rancher Cliven Bundy and a 2014 armed standoff with government agents. The Associated Press, the Las Vegas Review-Journal and Nevada newspaper publisher Battle Born Media argue that openness is particularly important in a case involving people who've been critical of the government. Documents submitted recently respond to prosecutors' filings last week endorsing Judge Peggy Leen's order.
Assistant AG in Kentucky retires after reprimand for talking to reporter
A longtime assistant attorney general in Kentucky says she has retired after getting reprimanded for talking to a journalist without permission. Amye Bensenhaver told Kentucky Today (http://bit.ly/2bWR25R) that she made her decision to retire "under considerable duress" after being reprimanded in July. Attorney General Andy Beshear's spokesman, Terry Sebastian, said the communications policy is long-standing and applies to everyone who works in the office. He said Bensenhaver has been a valued member of the office who was welcome to stay. Bensenhaver is widely respected as an authority on open records and open meetings laws in Kentucky. She has written about 2,000 open records and open meetings opinions in the last 25 years.
OPEN RECORDS, FREEDOM OF INFORMATION, FIRST AMENDMENT AUG. 30, 2016
Chicago Tribune: Tracking six years of police shootings
Every five days, on average, a Chicago police officer fired a gun at someone, the Chicago Tribune reports. In 435 shootings over a recent six-year span, officers killed 92 people and wounded 170 others. While a few of those incidents captured widespread attention, they occurred with such brutal regularity — and with scant information provided by police — that most have escaped public scrutiny. Now, after months of struggles with Chicago police to get information through the Freedom of Information Act, the Chicago Tribune has compiled an unprecedented database of details of every time police fired a weapon from 2010 through 2015. Analysis of that data revealed startling patterns about the officers who fired and the people they shot at.
The Wisconsin State Journal reports that the amount the state gave state employees in merit-based bonuses and equity or retention payments more than doubled in the 2016 fiscal year, but the payments were barely more than half of what employees received three years ago, a State Journal analysis shows. State agencies granted pay increases or one-time bonuses worth an estimated $9.7 million for 4,638 state employees — or about 15 percent of the state workforce — the State Journal found using data provided under the state’s open records law. Fiscal 2016 was the first year in which University of Wisconsin System employees were removed from the state’s civil service system. The one-time merit-based bonus payments and retention or equity payments — some are built into the base pay and some come in one lump sum — are meant to reward job performance, to keep employees in their jobs or to bring their pay to equitable levels with their peers.
AP: Many donors to Clinton Foundation met with her at State
More than half the people outside the government who met with Hillary Clinton while she was secretary of state gave money — either personally or through companies or groups — to the Clinton Foundation, The Associate Press reports. It's an extraordinary proportion indicating her possible ethics challenges if elected president. At least 85 of 154 people from private interests who met or had phone conversations scheduled with Clinton while she led the State Department donated to her family charity or pledged commitments to its international programs, according to a review of State Department calendars released so far to The Associated Press. Combined, the 85 donors contributed as much as $156 million. At least 40 donated more than $100,000 each, and 20 gave more than $1 million.
Atlanta Journal-Constitution: Doctors in sex abuse cases often not disciplined
Doctors who engage in sexual misconduct with patients are routinely treated as having "impairment" issues and may not be reported to law enforcement, according to new findings in an investigation by The Atlanta Journal-Constitution. In the latest installment in its ongoing series "Doctors & Sex Abuse," the newspaper details how some doctors with egregious violations were able to participate in treatment programs and return to practice, while others quietly retired without facing police scrutiny. As a result, the physicians avoided criminal charges at a time when society demands punishment for most sex offenders, whether they are college students, teachers, priests or coaches. The Journal-Constitution's series, which started in July, is based on a review of thousands of physician disciplinary documents. According to the newspaper, it's now common across the country for medical regulators to send doctors accused of sexual abuse to treatment.
Suit over releasing Pulse 911 calls goes back to state court
The legal fight over releasing the 911 calls from the Pulse nightclub shooting was sent back to state court by a federal judge. U.S. District Judge Paul Byron ruled that the federal court lacks jurisdiction over the claims in the case. "This case must be remanded to the state court," he wrote. The lawsuit pits the City of Orlando against almost two dozen media companies seeking the release of recordings of dozens of 911 calls as well as communications between gunman Omar Mateen and the Orlando Police Department. Mateen was killed by police in June after a lengthy standoff in a mass shooting that killed 49 people and wounded 53 others. The judge had to decide whether moving the case from state court to federal court was proper, whether his court had jurisdiction over a city claim and whether his court had jurisdiction over a U.S Department of Justice claim. Moving the case was proper but his court had no jurisdiction over the claims, he said Thursday. The judge denied a request for attorneys' fees from the media companies, which include The Associated Press, CNN and the New York Times. The media groups argue that the recordings will help the public evaluate the police response to the worst mass shooting in modern U.S. history.
OPEN RECORDS, FREEDOM OF INFORMATION, FIRST AMENDMENT AUG. 23, 2016
AP: Illinois AG orders emails disclosed, refuels privacy debate
Chicago police officers' emails discussing the Laquan McDonald shooting can't be kept secret even though they were transmitted privately, a state official has decreed in what open-records advocates say is a solid step toward transparency on an issue that has roiled Illinois and reached as high as Hillary Clinton's presidential campaign. The binding opinion by Democratic Attorney General Lisa Madigan follows quickly on a May Cook County Circuit Court ruling that Chicago Mayor Rahm Emanuel's emails about separate issues aren't automatically exempt from disclosure even though sent on private devices. The opinion has the force of law, requiring the police to search officers' private accounts and turn over relevant emails — although the police department can ask a judge to overturn it. The dictum also fuels an ongoing national debate about access to discussions of public business on privately held cellphones and computers under decades-old disclosure laws which didn't anticipate such an explosion of electronic communication.
News outlets fight for release of mass shooting 911 calls
Attorneys for almost two dozen media groups are arguing in federal court in Florida that a lawsuit demanding the release of 911 calls involving the mass shooting at Pulse nightclub in Orlando should be moved back to state court. Attorneys for The Associated Press, CNN, The New York Times and other media groups are arguing that the case doesn't belong in federal court. The case pits the City of Orlando against media companies seeking the release of recordings of dozens of 911 calls as well as communications between gunman Omar Mateen and the Orlando Police Department. Mateen was killed by police early June 12 after a lengthy standoff in the shooting that killed 49 people and wounded 53 others.
Wisconsin reporter sues lawmaker over electronic records
A reporter has filed a lawsuit demanding that a Wisconsin lawmaker turn over more than 1,000 pages of records in an electronic format. Bill Lueders, a reporter and president of the Wisconsin Freedom of Information Council, filed the lawsuit in Madison. He alleges he asked Rep. Scott Krug's office for correspondence with constituents over water issues from January through April 8. The lawsuit alleges Krug's office released more than 1,000 pages even though he asked for the material electronically so he could search it easily.
Pennsylvania Attorney General steps down
Pennsylvania Attorney General Kathleen Kane announced she is resigning less than 24 hours after a Montgomery County jury found her guilty of felony perjury and eight other crimes. Her announcement came amid calls for her to step down, and as lawmakers prepared to force her from the office, with a $158,764 a year salary. Kane _ convicted of leaking grand jury proceedings to a newspaper reporter, then lying to cover it up _ could have stayed in office until her sentencing. However, lawmakers said they were preparing to remove her as early as next week.