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Indiana officials close records on school district 

State officials won't release a new report that examines health insurance costs at an eastern Indiana school district. The decision to withhold the information comes as the public prepares to comment on whether the state should take control of the financially struggling Muncie Community Schools, The Star Press reported. The state-appointed emergency managers overseeing the district will also soon make recommendations about whether to cut academic programs, close schools and eliminate teaching positions. The state's Distressed Unit Appeal Board signed a contract last month with emergency management firm Administrator Assistance for the audit. The report was compiled by RE Sutton & Associates, an employee-benefit and insurance brokerage consultant. It aims to provide the district and emergency managers with information about acquiring a new health insurance plan, which makes it exempt from the Access to Public Records Act, said Daniel Shackle, an attorney representing the Indiana Department of Local Government Finance.

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North Dakota governor knew of commissioner's arrest weeks before revealed 

Gov. Doug Burgum learned of the North Dakota tax commissioner's recent drunken driving arrest more than two weeks before it was publicly disclosed. Spokesman Mike Nowatzki said Nov. 8 that Burgum learned within days of Tax Commissioner Ryan Rauschenberger's Sept. 30 arrest. Rauschenberger disclosed it on Oct. 20. Nowatzki says Rauschenberger is an "independently elected official" and it was up to him when to disclose the arrest. Nowatzki says the case was filed on Oct. 6 and became a record accessible to the public at that time.

Democratic-NPL executive director Scott McNeil in a statement criticized Burgum for "withholding" the news. The timing issue surfaced as part of emails and text messages that political blogger and former Democratic state Sen. Tyler Axness obtained through an open records request.

Arkansas got execution drug made by resistant manufacturer 

One of the three drugs Arkansas planned to use in a lethal injection this week was made by a New York company that says it won't sell its products if it fears they'll be used in executions, court documents released Nov. 8 show. A package insert and drug label for the state's supply of midazolam released by the state in Pulaski County Circuit Court identifies Athenex as the maker of the drug, one of three used in Arkansas' lethal injection process. The insert was included as part of an affidavit filed by state Correction Department officials.

The affidavit was filed the day after Pulaski County Circuit Judge Mackie Pierce ordered the Department of Correction to release a copy of the insert to Steven Shults, an attorney who had sued the state for the document. The Arkansas Supreme Court last week ruled that a state law keeping the source of Arkansas' execution drugs secret applied to suppliers and sellers, but not drug manufacturers.

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Public report not created in Topeka man's shooting by police 

An advocate for open government contends the Topeka and Lawrence police departments are trying to bypass the state's open records laws by not creating a standard public document on the fatal shooting of a man by Topeka police officers more than a month ago.

Both departments have denied requests for incident and offense reports on the Sept. 28 shooting of Dominique White, which is being investigated by the Lawrence police department. They have not created the first page of the Kansas Standard Offense Report, which is a public record under state law and is routinely released, The Topeka Capital-Journal reported. Ron Keefover, president of the Kansas Sunshine Coalition for Open Government, said he had never heard of a police department failing to issue such a report.

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Slain man was shot in back by police, death certificate says 

The death certificate for a black man killed by police in Kansas' capital city in September says he died from gunshot wounds to his back. The Topeka Capital-Journal reports that it obtained a copy of Dominique White's death certificate Saturday. The document isn't a public record. Topeka police said initially that White was shot after a struggle and that at least one shot struck his chest. The death certificate lists "gunshot wounds of back" as the immediate cause of death for White, who was 30 and just months out of prison after being prosecuted for burglary and illegal gun possession. Kelly White, his father, said he believes his son was running away from Topeka police when he was killed. Police authorities declined Monday, Nov. 6, to release body camera footage from the officers involved in the shooting and other officers at the scene. Each department cited provisions of the Kansas Open Records Act that allow law enforcement agencies to keep criminal investigation records closed.

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North Dakota attorney general says city violated open records laws 

North Dakota Attorney General Wayne Stenehjem says the city of Mandan violated open records laws by failing to respond to a request in a timely manner.

The city on June 24 received a request for records relating to the employment of a certain named individual and did not respond until July 18. City officials say the delay was due to numerous inquiries from the requester, as well as dealing with its budget and other deadlines. Stenehjem says the city failed to respond to the request within a reasonable time. He says while there are no further measures to be taken by the city, it should review its obligations under open records laws

Court: Withheld evidence means new trial in racial killing 

Three U.S. servicemen who have been in prison for 25 years for a racially-motivated murder are entitled to a new trial because prosecutors improperly withheld evidence that would have helped the men's defense, Georgia's highest court ruled Thursday, Nov. 2. Stanley Jackson, a black man, was fatally shot around 10 p.m. on Jan. 31, 1992, while standing on a corner in a high-crime part of Savannah. Three white servicemen stationed at nearby Fort Stewart — Mark Jason Jones, Kenneth Eric Gardiner and Dominic Brian Lucci — were arrested less than an hour later and charged with murder. State prosecutors failed to disclose a police report that described a similar racially-motivated incident later that night after they were in custody, Georgia Supreme Court Chief Justice P. Harris Hines wrote in a unanimous opinion. After police records were released in response to a 2010 open records request, the three men challenged their conviction on constitutional grounds.

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Georgia attorney general quits defense in server wiping case 

The Georgia attorney general's office will no longer represent the state's top elections official in an elections integrity lawsuit filed three days before a crucial computer server was quietly wiped clean. The lawsuit aims to force Georgia to retire its antiquated and heavily questioned touchscreen election technology, which does not provide an auditable paper trail. The server in question was a statewide staging location for key election-related data. It made headlines in June after a security expert disclosed a gaping security hole that wasn't fixed for six months after he first reported it to election authorities. Personal data was exposed for Georgia's 6.7 million voters, as were passwords used by county officials to access files.

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Wisconsin Assembly Committee passes bill limiting access to police body cams 

It would be more difficult for the public to view footage taken on police body cameras under a Republican-backed bill that won approval from a Wisconsin Assembly committee Tuesday, Oct. 31, over objections from Democrats and open records advocates.Opponents say the measure, which has support from law enforcement agencies across the state, will worsen relations between the police and communities they serve. Supporters say it will protect the privacy of people captured on body camera footage while also establishing statewide guidelines. Thirty other states have laws related to police body cameras. Of those, 18 address how data captured on the cameras are handled under open records laws, according to the National Conference of State Legislatures.

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Records: Connecticut offered to buy campus to hold onto GE 

Before General Electric decided to relocate its long-established Connecticut headquarters, state officials offered to buy the company's sprawling 66-acre suburban campus so GE could move to a more urban area within the state. It was one of three options offered by Connecticut officials, according to a proposal presented to GE in hopes of fending off a move. The proposal reveals the lengths Connecticut officials were willing to go through to keep the cache of GE and hundreds of jobs in the state. A draft copy of Connecticut's proposal, obtained by AP through an open records request, shows photos and details of various office complexes, mostly in Stamford, which is about 34 miles northeast of New York City and located along Amtrak and commuter rail lines.

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Judge: State police must turn over pay stubs, overtime data 

A judge has told the New Jersey state police they must hand over employee pay stubs and overtime data to an open records advocate who sued for them. State Police officials maintain that disclosing how much troopers make in overtime would pose a security threat because the top overtime earners often work in sensitive areas. The records are being sought by John Paff, an open records advocate who regularly files records requests and posts the results on his blog. His attorney told NJ Advance Media she found the duty assignments of multiple troopers who work in sensitive areas by using information found on social media sites, including the state police Facebook page. The state Attorney General's Office, which represented the state police, declined comment on whether they would appeal.

Ohio proposal to release some grand jury records open for comment 

The public can submit comments on a proposed rule change that could lead to some Ohio grand jury records being released to the public. The Columbus Dispatch reports a task force appointed by Ohio Supreme Court Chief Justice Maureen O'Connor in the wake of police shootings recommended the rule change last year concerning secret grand jury proceedings.

The aim of the task force was to increase the public's confidence in the grand jury system following fatal police shootings of blacks that resulted in no criminal charges against officers. The change would allow members of the public to petition a court to open records of grand jury proceedings. The Supreme Court has until mid-January to decide whether to submit the change to the Ohio Legislature for approval.

Iowa State Patrol leader began outside firm without approval 

An Iowa State Patrol commander started a consulting firm prior to receiving mandatory approval for outside work and is using photos of himself at government-funded training events to promote the fledgling venture, a review by The Associated Press shows. Capt. Ken Clary, who oversees dozens of troopers who patrol northeastern Iowa, is a founding partner of the year-old Brinkley, Clary and Thomas LLC, which advertises law enforcement litigation and recruitment services. His partners are Mason City Police Chief Jeff Brinkley and Barry Thomas, chief deputy of the Story County Sheriff's Office in Ames. The corporation's website shows a photo of Clary at the FBI National Academy, noting that he was one of 225 law enforcement executives picked to attend the "prestigious training." The state spent $1,867.44 sending Clary to the 10-week program, which concluded in September and was also subsidized by the FBI, according to records obtained through an open records request.

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Georgia election server wiped after suit filed 

A computer server crucial to a lawsuit against Georgia election officials was quietly wiped clean by its custodians just after the suit was filed, The Associated Press has learned. The server's data was destroyed July 7 by technicians at the Center for Elections Systems at Kennesaw State University, which runs the state's election system. The data wipe was revealed in an email sent last week from an assistant state attorney general to plaintiffs in the case that was later obtained by the AP. More emails obtained in a public records request confirmed the wipe. The lawsuit, filed July 3 by a diverse group of election reform advocates, aims to force Georgia to retire its antiquated and heavily criticized election technology. The server in question, which served as a statewide staging location for key election-related data, made national headlines in June after a security expert disclosed a gaping security hole that wasn't fixed six months after he reported it to election authorities.

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Juvenile inmates reached prison roof, threw items at guards 

Four juvenile inmates reached the roof of a Wisconsin prison housing unit in August, throwing shingles, rocks and pieces of metal at guards before they were subdued, an incident report released Oct. 26 under the state open records law shows. The incident is among a stream of violent clashes between guards and inmates at the prison since a federal court order in July requiring a reduction in the use of pepper spray and solitary confinement. The shared campuses of Lincoln Hills and Copper Lake prisons, which house about 160 boy and girl juvenile inmates, have been under federal investigation for nearly three years and are the subject of multiple lawsuits.

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University violated law by denying newspaper's request 

A ruling by Kentucky's attorney general says the University of Louisville violated the state's open records law by denying a newspaper's request for emails on the former university president's hard drive. The Courier-Journal requested emails between university officials in June, which the school rejected, citing an ongoing investigation. The Oct. 17 ruling states there's nothing in the record to indicate how the release of the evidence would have negatively impacted the investigation. University spokesman John Karman says the university will continue to study the ruling before determining any steps. Former President James Ramsey's hard drive was the focus of auditors who were looking into his alleged misspending. The computer was wiped clean by the school's information technology department despite an order to preserve the hard drive and other records.

South Carolina GOP Caucus wants records suit by AP dismissed 
South Carolina Republicans want a judge to dismiss a media lawsuit seeking records involving a political consultant charged in a probe of possible Statehouse corruption. A judge is hearing arguments from the state House Republican Caucus on Wednesday, Oct. 25. The media coalition, which includes The Associated Press, wants the caucus declared to be a public body, subject to the state's Freedom of Information Act, and therefore required to make its records and meetings public. The caucus denied a request to view records of payments to the firms of Richard Quinn and his son, former House Majority Leader Rick Quinn, both of whom face criminal conspiracy charges.

City agrees to redact personal info from crash reports 

A Tennessee city will stop releasing traffic accident reports with unredacted personal information following a federal lawsuit questioning the efficacy of an ethical rule requiring attorneys to wait 30 days before contacting someone involved in a serious crash.

The Chattanooga Times Free Press reports Chattanooga was ordered to prepare redacted copies in compliance with Tennessee Office of Open Records policy. City Attorney Phil Noblett says driver's license numbers, names and addresses will only be provided to involved parties, their lawyers or their insurance companies. Record requestors who use the information for wrongful solicitation could be charged with a misdemeanor. Attorney Jay Kennamer filed the lawsuit in September after a medical company contacted a woman days after she had been in a crash and offered to refer her to an attorney.

South Carolina GOP Caucus: Open records law doesn't apply 

South Carolina Republicans have defended their decision not to give reporters records involving a political consultant charged in a probe of possible Statehouse corruption in their state, arguing Wednesday, Oct. 25, that the courts have no purview over their internal decision-making. The arguments came during a hearing over whether a judge should dismiss a lawsuit filed in April against the House Republican Caucus by a coalition of media outlets including The Associated Press. The coalition has been looking for items sought by special prosecutor David Pascoe in his ongoing probe into allegations of corruption in South Carolina's Statehouse.

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BuzzFeed sues Kris Kobach over denied records requests 

BuzzFeed Inc. is suing Kansas Secretary of State Kris Kobach and his office for refusing to release emails containing any of 30 terms that relate to immigration or the election. The lawsuit comes after a BuzzFeed reporter asked Kobach's office in June for emails sent or received May 1 that include terms such as ICE, immigrant, Trump, voter, fraud and Mexican. The secretary of state's office at first asked for $1,025 for 13 hours of work and an attorney's review, then refused to release any records when the reported challenged the cost, according to the lawsuit filed Friday in Shawnee County District Court. BuzzFeed is asking that Kobach's office be ordered to provide the documents and pay for attorney fees, The Topeka Capital-Journal reported.

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Parents of teenager who vanished in 1988 hope for answers 

The parents of a Kansas teenager who vanished nearly 30 years ago hope a trial next month will provide clues about whether their son was murdered after he was last seen at a high school graduation party and if his disappearance was properly investigated. Harold and Alberta Leach of Linwood, Kansas, sued Leavenworth County in civil court after county officials rejected their request through the state's open records act to see documents from the April 1988 through December 1992 investigation of 17-year-old Randy Leach's disappearance. The parents believe Randy is dead but said they filed the lawsuit because they have done everything they can think of to find answers.

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Georgia's immigration enforcement panel draws scrutiny 

When Georgia lawmakers passed a sweeping law cracking down on illegal immigration in 2011, they created a board to hold state and local government officials accountable. Over the next six years the Immigration Enforcement Review Board received 20 complaints to investigate, according to documents obtained through Georgia’s Open Records Act. And all but one came from the same person: D.A. King, a longtime anti-illegal immigration activist from Marietta. King, who has sparred with advocates for immigrants, said he helped develop the comprehensive state law that created the board, House Bill 87. So far, only one of the 20 complaints the board has received has resulted in a sanction: Atlanta paid the board a $1,000 fine in August.

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More than a dozen states still refuse to release voter data 
These are state-by-state responses to a request for detailed voter data from President Donald Trump’s Presidential Advisory Commission on Election Integrity, which is investigating voter fraud. The information indicates whether a state is willing to comply with, is denying or is undecided on the request for data. Some of the states that are willing to comply have fees or other requirements of the commission. All states that have agreed to comply are withholding some details the commission sought and are releasing only information considered public under state law. The commission sent one request in late June and another in July after a court said the data collection could move ahead.

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Justice Department won't release North Charleston report 

The U.S. Justice Department has refused to release a report on the North Charleston Police Department after the shooting death of an unarmed black man by a white officer in South Carolina. The federal agency said it was holding onto the material because of its "commitment to respecting local law enforcement," The Post and Courier of Charleston reported. The newspaper filed an open records request for the report sought by North Charleston officials after the 2015 shooting of Walter Scott. The Justice Department's Chaun Eason said the Justice Department no longer releases reports of investigations of local police. In April 2015, Scott was pulled over for a traffic violation by patrolman Michael Slager, who said he fired in self-defense when Scott tried to grab his Taser. Eyewitness video shows Scott was shot as he ran away. Slager pleaded guilty to federal charges and awaits sentencing.

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Emails: Protests spur college officials to talk with players

As protests over racial injustice grab national attention in pro sports, some college and university officials are having pre-emptive talks with student-athletes and consulting each other amid concerns that such actions will spread to college sports, according to emails released Thursday. After five black cheerleaders at Kennesaw State University knelt during the national anthem at a September football game, athletic officials there sought advice from their counterparts at schools including the University of Georgia, Georgia Tech, Duke University and Purdue University. The responses they got back offer a glimpse at what's happening in college athletic programs trying to strike a balance between supporting free expression and offending fans and donors. The emails were released Thursday in response to a request for Kennesaw State documents under Georgia's open records law. It was filed by Davante Lewis, the brother of the one of the cheerleaders who took a knee.

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Court: UW must turn over notes to animal rights group 

A Wisconsin appeals court says an animal rights group is entitled to a University of Wisconsin System animal experimentation oversight committee's meeting notes. A Dane County judge ruled last year that the Animal Legal Defense Fund wasn't entitled to 10 documents created during an Animal Care and Use Committee meeting in March 2014. The judge said the documents were notes prepared for the originator's personal use and therefore not subject to the state's open records law. The 4th District Court of Appeals reversed that ruling Thursday, Oct. 19. The court found the documents are notes but they were shared among UW employees to create the meeting's minutes and therefore weren't prepared for their creators' personal use. The state Justice Department represented UW. DOJ spokesman Johnny Koremenos says agency attorneys are reviewing the decision.

Texts: Sheriff, lawmaker pushed to stop cheerleader protest 

A powerful lawmaker texted a Georgia sheriff and recounted with pride how the two pressured a university president to take action after black cheerleaders knelt during the national anthem at a football game. The Atlanta Journal-Constitution obtained the text messages under Georgia's open records act. Kennesaw State University cheerleaders were told they'd be kept off the field in a stadium tunnel at future pregame activities after five of them knelt to protest racial injustice at the game Sept. 30. In the texts, state Republican Rep. Earl Ehrhart and Cobb County Sheriff Neil Warren thanked each other for their patriotism. Ehrhart said Kennesaw State President Sam Olens had to be pressed to act.

"He had to be dragged there but with you and I pushing he had no choice. Thanks for your patriotism my friend," Ehrhart wrote to the sheriff.

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Judge: University should let attorney general view documents 

A judge has ordered Kentucky State University to let the attorney general examine some documents about alleged sexual misconduct of some of the school's employees. The University of Kentucky's student newspaper asked to see the records last year. But Kentucky State University officials denied the request, saying it would disclose private information. The newspaper appealed that denial to Democratic Attorney General Andy Beshear, who has jurisdiction over the state's open records law. Beshear asked to view the documents in private before he made a decision on whether they should be public. But Kentucky State University officials refused to let Beshear see the documents. Judge Thomas Wingate ruled Oct. 13 that not letting Beshear to look at the documents "could only thwart the public interest of transparency in government."

Sutton, Jackley support opening access to government records 

Two candidates for South Dakota governor have committed to supporting legislation that would give the public access to additional government records including officials' correspondence, a major potential shift in state open records law. Democratic state Sen. Billie Sutton recently proposed draft legislation that would remove exemptions restricting access to public employees' correspondence, memoranda, calendars, working papers and telephone call records. Attorney General Marty Jackley, a Republican also running for governor, said he would sign such legislation if elected. Sutton said he would pursue the measure as governor — should he succeed outgoing GOP Gov. Dennis Daugaard — if it isn't approved before then. Daugaard can't run again next year because of term limits and leaves office in 2019.

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Chancellor raises concern about protecting research 

Potential customers who are interested in teaming with North Dakota researchers on fields like unmanned aircraft are balking because of the state's open records laws, the head of the university system says. Chancellor Mark Hagerott told the state Board of Higher Education during last month's meeting that some leading research universities are afraid to partner on projects because they fear the state isn't doing enough to protect its data, especially in light of recent worldwide events involving the spread of information. "We literally could have the Chinese asking for all of our research contacts," Hagerott said. "We will not have partners if it continues this way." Hagerott, who was the focus of a 2016 open records dispute that was made public last month, told The Associated Press that he was raising the point "as an open question" and the issue would be addressed by the board's governance committee.

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Montana judge orders release of US Rep. Gianforte's mugshot 

A Montana judge has ordered the release of a mugshot taken of the state's lone congressman after he was convicted of assaulting a reporter on the eve of the special election that put him in office. Gallatin County District Judge Holly Brown ruled Wednesday that the booking shot of Republican U.S. Rep. Greg Gianforte should be made public. County Attorney Marty Lambert would not release the image without a court order, arguing it is confidential criminal justice information. Several media organizations, including The Associated Press, filed motions asking that the booking shot be released. Neither Gianforte nor Lambert opposed the release of the photo. Gianforte pleaded guilty to assaulting Guardian reporter Ben Jacobs on May 24 as Jacobs sought to question him about health care legislation. Jacobs said Gianforte "body slammed" him.

Wisconsin professors raised partisanship worries over center 

University of Wisconsin political science professors involved in the creation of a new publicly funded policy center expressed concern that there wasn't enough balance between Democratic and Republican speakers at its first planned major event, newly released emails show. The Tommy G. Thompson Center on Public Leadership was announced in May and it received $3 million in the state budget that Republican Gov. Scott Walker signed last month. Liberals worried it would serve as a conservative think tank despite assurances from university leaders that it wouldn't be partisan. E-mails obtained by the liberal advocacy group One Wisconsin Now under the state open records law that were provided to The Associated Press on Wednesday, Oct. 11, show that professors raised red flags early on.

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Iowa judge fired for dismissing case due to unclear acronym 

Iowa's prisons agency has fired a judge who cited confusion about an acronym in an inmate's disciplinary report when she refused to punish him for failing to pay back $10 he borrowed, the judge's termination letter shows. Administrative Law Judge Renee Sneitzer alleges her firing amounts to retaliation, renewing questions about the independence of judges who work for the Department of Corrections. In an Aug. 28 letter obtained under the open records law, Savala told Sneitzer that she was being fired because she ignored his July 7 order to send back any problematic reports "so that staff have an opportunity to correct." "You dismissed an offender discipline report simply because the acronym 'DH' appeared in the report and you did not follow my supervisory directive in remanding the report" in violation of work rules, Savala wrote.

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Transparency advocates push for cellphone photographs of public records

Open records advocates are pushing for Tennessee agencies to allow citizens to take cellphone photographs of public records. In January, The Tennessee Office of Open Records Counsel issued a model policy that forbade requestors from making copies of records with personal equipment, following the adoption of a state law requiring government offices to establish written public records policies. State Sen. Mike Bell, R-Riceville, told The Tennessean the restrictions, adopted by the Wildlife Resource Agency and Department of Transportation, put an undue burden on requestors. Bell asked the two departments to review their policies Sept. 20 and petitioned the Office of Open Records Counsel to draft new language. State Comptroller Justin Wilson said the counsel believes the language is appropriate. Bell said he might sponsor a bill addressing the issue.


Official: Kentucky obligated to reveal investors in company 

Gov. Matt Bevin's administration wrongfully denied a newspaper's request for records identifying shareholders and investors in a company receiving millions of dollars in public support for a new aluminum plant, Kentucky's attorney general said. The state Cabinet for Economic Development violated open records law by refusing The Courier-Journal's request for the names of those owning shares in Braidy Industries Inc., according to the ruling released Monday, Oct. 9. The identities "are unquestionably a matter of public interest," the ruling by Attorney General Andy Beshear's office said.

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Records: Retiring county manager doubled pay before leaving 

A county manager in North Carolina more than doubled her pay in the final six months before she retired, according to records. Local media reported that records released Thursday, Oct. 5, show former Buncombe County manager Wanda Greene was paid more than $500,000 in the final six months before she retired July 1. That included her pay, a retirement payout and a retention bonus she gave herself and 10 other employees. Greene had a base annual salary of $247,000. She was county manager for 20 years. The records were released in response to an open records request by Asheville-area media. County attorney Michael Frue would not discuss whether the pay was illegal. Greene's attorney, Thomas Amburgey, would not talk about the matter Thursday. The U.S. Attorney's Office is investigating the pay.

Missouri resident says governor blocked her for puke emoji 

Missouri Gov. Eric Greitens' staff say the Republican's popular Facebook and Twitter accounts are unofficial and therefore exempt from public records requests, including one seeking the number of users he's blocked from seeing content on those accounts. Greitens' office denied public records requests from the Columbia Missourian for the number of users blocked from the governor's Facebook and Twitter accounts and copies of his direct messages, the newspaper reported. Blocking users on Facebook and Twitter restricts their ability to see and interact with content with the blocked account. Greitens' attorney, Sarah Madden, said Greitens created those accounts before taking office in January and they are not the governor's official accounts, making them exempt from state open-records laws.

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First hearing in public records lawsuit against Legislature 
An initial hearing Friday, Oct. 6, on a public records lawsuit filed against the Washington state Legislature by a coalition of news organizations established some ground rules moving forward, but a date for arguments won't be set for a few more days. The brief scheduling conference was held before Thurston County Superior Court Judge Chris Lanese, who, with agreement from attorneys from both sides, said that the focus on the cross motions in the coming weeks should focus on the overarching legal argument of whether the Legislature is subject to the state's public records act. Lanese acknowledged that the case is expected to be resolved in higher courts, as whichever side loses is almost certain to appeal. "I'm very unlikely to be the last destination for this case," he said.

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Ethics cases against judge in open records dispute dismissed 

Georgia's judicial watchdog has dismissed ethics complaints against a Georgia judge who was criticized for her involvement in the indictment and arrest of a journalist and his attorney. The Judicial Qualifications Commission has dismissed four complaints filed against Appalachian Circuit Chief Superior Court Judge Brenda Weaver, the Daily Report newspaper reports . A report filed with the Georgia Supreme Court says the agency found "no grounds" for discipline. The investigation looked into allegations Weaver had abused her position, engaged in "willful misconduct" and "conduct prejudicial to the administration of justice."

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Police agency makes it harder for public to get reports 

A South Carolina police department is making it harder for the public to gain access to routine reports. The Island Packet of Hilton Head reported Friday, Sept. 29, the Bluffton Police Department now says reporters must file formal open records act requests for full police reports. Previously, the department had made reports including a full narrative of what happened available immediately when reporters requested them. Under the state's Freedom of Information Act, agencies have 10 days to acknowledge requests and more time to fulfill them. The newspaper reports the policy change comes after an article questioning the agency's overtime spending during last year's Hurricane Matthew, saying officers were paid 24 hours a day, whether actively working or not. Department spokeswoman Joy Nelson says the article had nothing to do with the change.

Vos to Walker on budget vetoes: 'I won't forget this' 

Wisconsin Assembly Speaker Robin Vos told Gov. Scott Walker "I won't forget this" after Walker agreed to make several vetoes to the state budget to win support in the Senate, according to text messages released Thursday, Sept. 28, under the state’s open records law. The Associated Press requested texts exchanges in the days after the Senate passed the state budget on Sept. 15. The Senate only had enough Republican votes to pass the plan after Walker agreed to make a series of vetoes to the budget. Vos, who negotiated a budget deal with fellow Republicans Walker and Senate Majority Leader Scott Fitzgerald, said at the time that the senators were holding the Legislature hostage, being selfish and making a "ransom note" to get what they wanted.

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Inmate recorded apology hours before he thought he'd die 

Shortly before he thought he would be put to death, a Georgia death row inmate recorded an apology to the family of the woman he killed. Keith Leroy Tharpe was scheduled to be executed at 7 p.m. Tuesday, Sept. 26. But the U.S. Supreme Court stepped in, granting a temporary stay to give the justices time to consider whether to take up an appeal in which his lawyers argued his death sentence was tainted by a juror's racial bias. Tharpe, 59, was convicted of murder and kidnapping in the September 1990 slaying of his sister-in-law, Jacquelyn Freeman. The corrections department on Thursday released a transcript of Tharpe's holding cell statement in response to an open records request from The Associated Press.

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UHSAA sues state, alleging unconstitutional control 

The Utah High School Activities Association filed a lawsuit against the Utah State Board of Education, State of Utah and the state's attorney general over what it claims is unconstitutional overreach into its affairs. The UHSAA, which governs the athletics and extracurricular activities of Utah's high schools, filed the case Wednesday, Sept. 29, in an attempt to get recently passed legislation ruled unconstitutional. The UHSAA's lawsuit argues it is a private nonprofit corporation, so it does not have to comply with the state's open records laws, and it is being unfairly targeted by code so narrowly defined that it only applies to the UHSAA. The suit claims the law "specifically targets the UHSAA and places a burden on the UHSAA that is not placed on other similarly situated, private, nonprofit corporations."


Kansas sees spikes in inmate transfers among state prisons 

Kansas officials are debating how much an increase in moving inmates among prisons has fueled unrest in recent months that included a riot at one facility. Kansas has seen several spikes this year in the number of inmates transferred among prisons, data from the state Department of Corrections shows. The department said the short-term increases in inmate transfers are tied in some cases to staffing problems at its prisons in Lansing and El Dorado. But it also attributed them to the relocation of a vocational program earlier this year and an ongoing effort to even out the number of maximum-security inmates in the three largest prisons, partly to thwart gang activity. The department released the figures to The Associated Press following an open records request.

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Supreme Court: Sioux Falls must release $1M arena contract 

The South Dakota Supreme Court has ruled Sioux Falls officials must make public a contract the city negotiated over repairs to the Denny Sanford Premier Center. Sioux Falls officials have refused to release details of the contract, which reimbursed the city $1 million. City officials negotiated the settlement with contractors who worked on the project are warping was discovered on exterior metal panels of the $115 million arena. Argus Leader Media sued in 2015 to force the city to release the contract. A judge ruled in favor of the city, but the state Supreme Court reversed that decision Thursday, arguing the contract cannot be kept secret. The Argus Leader reports the high court concluded the contract does not meet exceptions to South Dakota's open records law. A spokeswoman for Mayor Mike Huether says city officials are reviewing the decision.

Minnesota fight between governor and lawmakers exposes legislative expenses 

Minnesota lawmakers billed the state for more than $335,200 in housing and other expense reimbursements from July 1 to Sept. 1 a two-month period when the Legislature was not in session for a single day according to court documents filed in the legal battle between Gov. Mark Dayton and Republican legislative leaders. Spending items range from payroll and office expenses to State Fair Tickets ($3,750) and flowers ($482). The information disclosed does not link the expense reimbursements to the 201 individual members of the Legislature, or indicate if the sometimes-hefty expenses were racked up by Republicans or members Democratic-Farmer-Labor (DFL) Party. The latest turn in the months long dispute provides a rare glimpse into the finances of the Legislature, which is not subject to the same open record laws as other public entities in Minnesota, such as cities and county governments.

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Post-vigil protest for slain Georgia Tech student; 3 arrests 

Three people were arrested during a protest that followed a vigil for a Georgia Tech student who was fatally shot by campus police, a university spokesman said. Police shot and killed Scout Schultz late at night on Saturday, Sept. 16, after the 21-year-old student called 911 to report an armed and possibly intoxicated suspicious person, the Georgia Bureau of Investigation has said. Georgia Tech issued alerts urging students to shelter indoors Monday night because of violent protests. Video posted on social media showed a police vehicle burning in the street and officers pinning people to the ground as onlookers shouted at them. Authorities have not identified the officer who shot Schultz. Georgia Tech on Monday refused to release personnel or disciplinary reports involving the officers, saying such information is exempt from Georgia's open records law.

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Holding federal institutions accountable becoming harder 

(Part of an ongoing examination of threats to First Amendment freedoms by The Associated Press, the American Society of News Editors and Associated Press Media Editors)

There are cracks in the curtains President Donald Trump tried to draw around the government early in his presidency, but the slivers of light aren't making it easier to hold federal officials accountable for their actions. Trump still refuses to divest from his real estate and hotel empire or release virtually any of his tax returns. His administration is vigorously pursuing whistleblowers. Among scores of vacant senior jobs in the government is an inspector general for the Department of Energy — led by Secretary Rick Perry, former governor of Texas — as it helps drive the region's recovery from Hurricane Harvey. Rebuilding from the deadly storm seems certain to be a $100 billion-plus endeavor involving multiple federal departments and an army of government contractors. If the ghosts of Katrina, Sandy and other big storms are guides, the bonanza of taxpayer dollars is a recipe for corruption. And that makes transparency and accountability all the more critical for a president who has bristled at the suggestion of either one.

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Request denied: States try to block access to public records 

(Part of an ongoing examination of threats to First Amendment freedoms by The Associated Press, the American Society of News Editors and Associated Press Media Editors)

In February, Arkansas lawmakers marked the 50-year anniversary of the Freedom of Information Act with a resolution calling it "a shining example of open government" that had ensured access to vital public records for generations. They spent the following weeks debating and, in many cases approving, new exemptions to the law in what critics called an unprecedented attack on the public's right to know.When they were finished, universities could keep secret all information related to their police forces, including their size and the names and salaries of officers. Public schools could shield a host of facts related to security, including the identities of teachers carrying concealed weapons and emergency response plans. And state Capitol police could withhold anything they believed could be "detrimental to public safety" if made public.

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Kobach's use of private emails for Trump panel questioned 

A Kansas Press Association leader and a media attorney are accusing Kansas Secretary of State Kris Kobach of flouting a year-old state open records law by using a private email account for his work as vice chairman of President Donald Trump's commission on election fraud. Max Kautsch, a Lawrence attorney who specializes in free speech and open government issues, said Kobach's contention that he is serving on the commission as a private citizen is "obviously totally insane," The Kansas City Star reported . And Doug Anstaett, the press association's executive director, said Kobach is "dead wrong." The 2016 law says that public officials' emails on public business are subject to disclosure under the Kansas Open Records Act even if they are on a private account or device.

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Judge says 'shadow insurance' documents can remain secret 

An Iowa judge has ruled that the details of "shadow insurance" subsidiaries created by several life insurers can remain confidential. Indiana University professor emeritus Joseph Belth sought the documents last year under Iowa's open records law, saying he believes they would expose risky financial practices that could bankrupt some insurers. Judge Lawrence McLellan sided Thursday, Sept. 15, with the industry and state regulators, saying the documents are part of the companies' "plans of operations" and exempt from disclosure. Companies such as TransAmerica have taken advantage of an Iowa law to transfer billions of dollars in liabilities to subsidiaries. Insurers say the arrangements free them from accounting rules mandating that they hold excess cash reserves.

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The Dallas Morning News, Corpus Christi Caller-Times honored 

The Dallas Morning News and the Corpus Christi Caller-Times have been honored by the Freedom of Information Foundation of Texas for their open government reporting.

The newspapers on Thursday, Sept. 14, each won the Nancy Monson Spirit of FOI Award during the foundation's state conference in Austin. The Dallas Morning News, in the Class AA large market category, was recognized for reports exposing problems with the Texas child welfare system. The Corpus Christi Caller-Times, in Class A, was honored for stories about the death of Naomi Villarreal, who was a victim of domestic violence. The Nancy Monson Spirit of FOI Award is named for the foundation's former executive director. The competition is open to newspaper, broadcast and online journalism.

Colorado county updates online processing of pubic record requests

Colorado’s Boulder County has announced it has updated its online system for processing public records request. Using new software, elected county officials and their staff will "be able to offer greater transparency of public documents and to help improve access to records requested under the Colorado Open Records Act," officials said in a news release. People can access the web-based portal for people's requests for records from multiple Boulder County departments by going to the county's CORA webpage, Officials said the new website will allow people to submit public records requests, track the progress of the county's response and download electronic records that others have asked for. The website also provides a searchable archive of previously released requests and documents.

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Lawsuit by AP, others seek emails from Washington lawmakers 

A coalition of news organizations led by The Associated Press sued the Washington Legislature on Tuesday, Sept. 12, challenging lawmakers' claim that a tweak made more than two decades ago to the state's public records law excludes them from stricter disclosure rules that apply to other elected officials and agencies. Hundreds of important records are being withheld by the state House and Senate, the lawsuit says, depriving the public of information essential to knowing what is going on in state government.

"The public has a right to know what its elected officials are doing behind closed doors," AP Managing Editor Brian Carovillano said.

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A timeline of the public records law in Washington state 

A coalition of news organizations led by The Associated Press is suing the Washington Legislature over its assertion that state lawmakers aren't required to turn over daily schedules, text messages, emails and other materials related to their work. Here's a look at a timeline of the public records law in the state:

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More than 30 applied for Nebraska patrol superintendent job 

The Nebraska State Patrol's new superintendent was chosen from a field of more than 30 candidates from around the nation. Harbor Police Chief John Bolduc of San Diego was unveiled last week as Gov. Pete Ricketts' choice to lead the agency. The governor's office released the applications of the four finalists on Monday after three inquiries and an open records request from The Associated Press. In his application letter, Bolduc pitched himself as a "cultural change agent" with management experience from several different law enforcement agencies. The other finalists were Michael A. Kopy, a staff inspector for the New York State Police's internal affairs bureau; Nebraska State Patrol Capt. Mike Jahnke; and Nebraska State Patrol Capt. Andrew "Buck" Duis.

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Court: Governments can't evade open meetings in small groups 

The Mississippi Supreme Court on Thursday, Sept. 7, upheld a ruling that a government can't set up meetings of less than a majority of public officials to evade the state's Open Meetings Act. The court ruled 9-0 that the city of Columbus was wrong to set up pairs of meetings with the mayor and three city council members apiece in 2014, avoiding the city council's quorum of four members. Those meetings were to discuss an agreement between the city and an economic development agency and maintenance of public buildings. A reporter for The Commercial Dispatch newspaper found out about the meetings but was excluded. The reporter then filed an ethics complaint and the state Ethics Commission ruled that such "piecemeal" quorums were illegal. The city appealed to chancery court, and then again to the Supreme Court when Chancery Judge Kenneth Burns also ruled against the city.

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Judge: Emanuel does not have to turn over list of private emails in FOIA fight 

A Cook County judge has ruled that Chicago Mayor Rahm Emanuel does not have to produce an index of private emails and text messages he sent and received, dealing a setback to the Chicago Tribune in its continuing fight with the city over the mayor's electronic communications. Judge Kathleen Pantle made the ruling Thursday, Sept. 8, in the Tribune's ongoing lawsuit that alleges Emanuel skirted the state's open records laws by refusing to release communications about city business that he had conducted through private accounts. Pantle, in a previous ruling, sided with the Tribune when she ruled that the state's public records law does not distinguish between official and personal accounts so long as the matter relates to government business. She later ordered the city to give to the Tribune an index of certain emails and text messages the mayor sent and received.

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Wisconsin AG's office has spent $83k on promotional material 

The Wisconsin attorney general's office has spent about $83,000 on promotional items since Republican Brad Schimel took office, including bags, pistol cases, candy and custom-made fortune cookies. The Associated Press obtained invoices through an open records request that show Schimel spent $6,269 on messenger bags, $6,000 on pistol cases, nearly $3,200 on candy and $100 on fortune cookies containing custom-ordered messages such as, "The time is right to make new friends" and "no one's been hurt from laughing too much." The spending also included nearly $10,000 for coins promoting Schimel's "kicking ass every day" mantra. The items had been purchased since January 2015. Most of it was handed out as gifts to attendees at DOJ conferences.

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Wisconsin's offer to Foxconn increased substantially 

Wisconsin's offer to Foxconn Technology Group to extend $3 billion in tax breaks was made in a handwritten deal that increased substantially before being signed by Gov. Scott Walker, documents released Thursday, Aug. 31, under the state's open records law showed. Walker's office released the documents to The Associated Press and other news organizations. One handwritten page, signed by Walker and Foxconn Chairman Terry Gou on July 12, called for the Taiwanese company to invest up to $10 billion in the state in exchange for $3 billion in subsidies. That was two weeks before the deal was publicly announced. A June 26 letter from Walker's administration said the state's offer had increased substantially, but portions of a June 2 offer from the state to Foxconn were blacked out by Walker's office.

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Cop shot man in under a second after opening victim's door 

An Ohio police officer who killed an unarmed driver after a high-speed chase shot the man less than five seconds after getting out of his cruiser. Strongsville Officer Jason Miller shot 37-year-old Roy Evans Jr. about 4.7 seconds after exiting his cruiser, according to an Ohio Bureau of Criminal Investigation summary released to the Associated Press through an open records request. A grand jury Tuesday, Aug. 29, declined to indict Miller over the shooting.The report provided more details about the March 7 shooting.

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Kettering, Ohio, police In fatal shooting: 5 questions we're asking 

Kettering, Ohio, police say a pipe bomb was found today during a search of the Dayton apartment on South McGee Street rented by Jason Hoops, the man that was shot and killed Sunday during a traffic stop near Craig Drive and East Bataan Drive. Hoops, 33, was shot and killed after Kettering police officer Jonathon McCoy called for a “Signal 99” for more officers to respond. Hoops had a Fairborn address on his driver’s license but was living in Dayton, Kettering police said. Kettering police Chief Chip Protsman asked for patience from residents and did not answer specific questions about the incident during a Monday press conference. This news organization is waiting for requests for open records related to McCoy and the shooting.

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Ohio cop seen punching man had past complaints, little discipline 

A white, Euclid, Ohio, police officer seen on video punching a black man more than a dozen times in a traffic stop has received multiple complaints about his behavior during his three years in the police department. According to documents obtained by The Associated Press through an open records request, Officer Michael Amiott received four letters of reprimand and one formal citizen complaint as a Euclid officer but was never disciplined beyond written citations. He was cited for pistol-whipping a driver with a handgun, mishandling evidence, losing his temper in front of his commanding officer and being involved in two crashes in police vehicles.

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Kansas pulls police officer's certification after complaint 

Kansas revoked the certification of a former police officer on Tuesday, Aug. 29, after a government watchdog's complaint about his 1995 California misdemeanor conviction for domestic violence. Former Marion police officer Michael A. Stone's last day on the job was Aug. 5. A five-page order from the state Commission on Peace Officers Standards and Training was dated Aug. 9, but was not finalized until Tuesday in order to give him time to request a hearing. He did not contest the commission's action. Stone repeatedly struck his then wife, Misty Stone, in the face with his fist, and the officer who responded to the incident wrote that her face was reddened and slightly swollen, according to a police report on the incident obtained by AP through an open records request.

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