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High Costs Make Open Records Seem Closed

Last month Barry Rafkind, the volunteer editor of a Somerville news blog, sent a detailed request to city officials for information about parking tickets and the city’s responses to citizen complaints.

Somerville officials told Somerville Voices they would provide the information for more than $200,000 for officials to review the documents, delete personal information, and print them out.

“I guess they expect me to go away now,’’ said Rafkind, 28, of Somerville Voices. “Those are prohibitive costs that no one could afford to pay. They’re making no effort to respond to my request with good will.’’

Rafkind’s request was unusually broad, as he asked for all of the city’s electronic data on parking tickets, appeals, and towing contracts, among other items. According to average citizens and professional reporters, public agencies have increasingly flouted the state’s public records law by delaying records or by charging large fees.[1]


Pennsylvania Judge Exempts School District Documents and W-2 Forms

Monroe County, Pennsylvania Monroe county judge, Ronald Vican, overturned two rulings of the newly founded Office of Open Records (OOR) this month, dealing a blow to Pennsylvania transparency and open records. The cases revolve around a number of school district documents including information packets and W-2 forms.


Critics Say Recovery Website Reveals Little

The Recovery website, Recovery.gov, discloses information such as the amount of ARRA money awarded to each state, the amount of ARRA money spent so far in each state, the number of jobs created by the ARRA in each state, the contracts that are funded by ARRA money, and the government agencies receiving ARRA money. The website discloses a wealth of information but critics say, however, that it is not enough[2].


Oklahoma Supreme Court's Rule Prevents Bulk Release of Case Information

Tulsa, OK On October 8, 2009, the Supreme Court of Oklahoma modified their procedures for the release of the records of case information, in an attempt to bar the bulk release of case information.

The Court, which has historically maintained an online list of all criminal and civil court rulings through the Oklahoma Supreme Court Network and the On Demand Court Records websites, established a new internal rule which will prevent the disclosure of "all or a significant subset of electronic case information" [3]. The rule comes in response to a request from a business for all the Supreme Court records, which would have cost the business between $20,000 to $40,000 for the Courts to produce it. The court claims that the rule was made through consultation with the Oklahoma Open Records Act and the policies of supreme courts in other states. They also claimed that the rule was in compliance with current open records legislation and would not prevent future compliance.


Watchdog testifies about lack of TARP transparency

Barofsky, the independent government watchdog or Special Inspector General, was put in charge of overseeing the $700 billion program. His basic message in his testimony before Congress is that though government transparency has improved slightly under the Obama Administration, TARP is almost entirely opaque.

He thinks that the government’s “basic attitude” on the transparency and accountability of the program “remains a significant frustration.”

“TARP largely remains a program in which taxpayers are not being told what most of the TARP recipients are doing with their money and will not be told the full details of how their money is being invested,” Barofsky planned to say.

Treasury Department officials are beginning to release the results of TARP loans (i.e. total investments and returns). Details about how the money was invested by recipients, however, is absent from the report. Such a move ignores the recommendations of watchdogs.

The Treasury Department soon will start to report more details about TARP recipients' use of the money, such as the recipients' total investments and the repayments of debt obligations. It will not report on how specific firms allocate funds.

“We remain puzzled as to why Treasury refuses to adopt our recommendation to report on each TARP recipient’s use of TARP funds,” Barofsky said.[1]


Open records request leads to hefty settlement against a state senator

Madison, Wisconsin: Because of information found on staffers' personal emails, state senator Dan Kapanke R-La Crosse, was ordered on September 11 to pay a fine in the amount of $100 for misallocating funds.[4] The settlement added $38,000 in legal fees to be paid by Kapanke to the Democratic Party of Wisconsin, and it will be paid by the Department of Administration's risk management fund. Kapanke will personally pay the $100 fine.[5]

The settlement in Dane County Circuit Court is a result of a public records request about an economic forum Kapanke held in June, 2009 that was originally intended to be sponsored by Kapanke's office, but ended up being paid for by campaign funds. The Government Accountability Board had ruled that one of Kapanke's staffers failed to request vacation time to work at the event.[5] June 3 and June 8 emails referring to the forum were requested by the DPW who suspected that the event was campaign related. Kapanke's office responded to the order of the WGAB, claiming the emails did not exist. Further investigation by the Legislative Technology Services Bureau did find an email listing the event in Kapanke's chief of staff's personal email account.


Pennsylvania township votes to appeal ombudsman's ruling

YORK TOWNSHIP, Pennsylvania: The Board of Commissioners of York Township in York County, Pennsylvania voted on September 8 to appeal a decision of the Pennsylvania Office of Open Records. In a possibly unprecedented move, however, the Board of Commissioners will not foot the bill for the legal appeal; rather, one commissioner will personally pay for the legal fight.[6]

The York Township Commissioners had denied several neighborhood housing projects early in 2009. The emails request was made to the Commissioners by the developer's attorney, but it was denied. The attorney then took the request to the state office of open records, who ruled that the township was required to turn over the emails. The developer responded by filing a lawsuit suggesting that two of the Commissioners were involved in an illegal conspiracy to stop the project.

The Board of Commissioners had twice previously voted not to appeal the directive to the York County Court of Common Pleas and had urged the two commissioners to turn over the personal and business emails. In a closed session, the 3-2 decision to fight the decision of the Pennsylvania Office of Open Records stipulates that no taxpayer funds be used in the legal battle.[6]


Clark County Board of School Trustees meet away from public

It seems school board advisory committees and appointees are holding closed meetings as well.

The board of trustees organized the Bond Oversight Committee (BOC) in the late 1990s. It is an independent body with the purpose of providing financial, bond and investment oversight of the district's capital improvement program. It is supposed to assure the public of district accountability.

In April, school district staff moved school architect selection process to the Purchasing Department, which decided to put the usual, favored contract firms in with the smaller firms for modernization or renovation work. The Nevada Policy Research Institute reported that together the five prototype firms have received more than $145 million from new construction jobs in the last 10 years, compared to $10 million earned by approximately 30 smaller modernization companies.

Committee members requested the new architect selection process return to the committee for discussion and new recommendations to the board of trustees.

There had been no public resolution to the conflict until August 12, 2009, when the school district called a "staff meeting" in a closed session with no public access.[1]


Houston airport-linked nonprofit has ’systemic problems,’

"The nonprofit agency through which the Houston Airport System builds and runs airports in other countries has “systemic problems” and could hurt the city’s bond rating, the city’s chief financial officer said Monday — an issue that could make it more costly for the city to borrow money."


Rep. Sylvester Turner, frequent critic of power providers, is lawyer for CenterPoint

"When people in Houston have problems with electric utilities, the person to whom they often turn is state Rep. Sylvester Turner, who has frequently criticized power providers. But Turner, a lawyer, is on retainer for CenterPoint. He discloses that fact on his annual state ethics form. The Democratic House member from Houston says it's not a conflict of interest."


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[edit] References

  1. The Plains Dealer, Issue 6 supporters & foes debate whether it can stop corruption
  2. Cite error: Invalid <ref> tag; no text was provided for refs named art
  3. AHN, Florida House Speaker Indicted on Misconduct Charge, April 18, 2009