Penn. Governor signs open records reform bill
Governor signs open records reform bill Feb. 15, 2008 · Calling it a " pretty good Valentine's Day present for the people of Pennsylvania," Gov. Ed Rendell yesterday signed into law a bill to overhaul the state's open records law, previously regarded as one of the worst in the country. The bill, which seeks to provide more public information about government activity on both a local and state level, passed the state House unanimously on Feb. 11 and the state Senate the following day. "This is a tremendous step forward for government transparency in Pennsylvania, and I am pleased to advance this bill to the governor's desk," said the bill's sponsor, state Senate Majority Leader Dominic Pileggi (R). "Residents of our state will benefit for decades to come from this rewriting of Pennsylvania's 50-year-old Open Records Law." Under the bill, all records are presumed open, unless explicitly included on a list of exceptions. The bill also redirects the burden onto the government to prove why a record should remain private. Under the 1957 version of the law, the responsibility fell to public citizens to show why they should be given the information. In addition, the new legislation establishes an Office of Open Records to more effectively resolve disputes surrounding open access issues. "We're very pleased," said Deborah Musselman, who acted as an in-house lobbyist and point person on reform for the Pennsylvania Newspapers Association. "It's not perfect, but when a bill is this complex, you're never going to have a situation where everyone is 100 percent satisfied." More than two dozen categories of information remain restricted for privacy or safety purposes, such as information that "would likely result in physical harm or risk the personal security of an individual." But open government advocates contend the many of the restrictions are discretionary. "The distinction that needs to be made with the new law is that the exemptions only outline what agencies may legally withhold," explains Kim de Bournon, executive director of the Pennsylvania Freedom of Information Coalition. "Agencies may use the 'discretion' provision if the public right to know outweighs other concerns and release of the information doesn't violate any other laws or statutes." The law does not take effect until Jan. 1, 2009, to allow time to implement the new regulations and hire staff for the Office of Open Records. Inserted from <http://www.rcfp.org/news/2008/0215-foi-govern.html> State finds private university's police department is considered a public entity Monday, February 18, 2008 8:49 AM Commission: Yale police must comply with requests for records State finds private university's police department is considered a public entity © 2008 Student Press Law Center February 15, 2008 CONNECTICUT — The Connecticut Freedom of Information Commission decided Wednesday that Yale University Police Department records are subject to state Freedom of Information Act requests. The commission, which is charged under state law with administering and enforcing the act, ruled in favor of Janet Perotti after the police department had denied her original request for personnel files of two department officers. Perotti, a public defender, filed the Freedom of Information Act request with the police department during her investigation of a May 2007 incident when two Yale police officers charged a 16-year-old with breach of peace for riding his bicycle on a public sidewalk. "My client was arrested for riding his bicycle," Perotti said. "They do this all the time, some cops have nothing better to do," Perotti said. Perotti suspected misconduct when the 16-year-old's account of the arrest differed from the police officer's account. In June 2007 Perotti filed a Freedom of Information Act request for copies of the officers' personnel files. Yale University denied her request in July 2007, citing that "Yale University and its police department are private entities and are not subject to the Freedom of Information Act." Perotti then appealed to the Connecticut Freedom of Information Commission, alleging that Yale police had violated the Freedom of Information Act by denying her request. In September 2007 a hearing was held and in December 2007 a hearing officer issued an initial decision in favor of Perotti, concluding that the Yale Police were a public entity. Under state law, an institution is considered "public" for Freedom of Information Act requests if it performs a government function, was created by the government, receives government funding or is subject to government involvement or regulation. The Freedom of Information Commission ruled that the Yale University Police Department was a public agency, and therefore subject to Perrotti's Freedom of Information Act Request. The commission concluded that the Yale Police Department does perform a government function because of its ability to police beyond the Yale campus, to within the city of New Haven. "This decision affirms a principle that should hold true in most states — that even at private colleges, a police force must provide information about its activities," Adam Goldstein, attorney advocate for the Student Press Law Center, said. "This is positive for student journalists because crime reports aren't just newsworthy, they're important for the safety of their readers," Goldstein said. "I am thrilled for my client. It is a little victory for mankind. It is a victory for kids who have to deal with New Haven policemen harassing them," Perotti said. Perotti believes Yale University will appeal the commission's decision. Dorie Baker, associate director of public affairs at Yale University, said the university has not decided if they are going to appeal. By A. Matthew Deal, SPLC staff writer Inserted from <http://www.splc.org/newsflash.asp?id=1689&year=> Secrecy: Records must be open to public Monday, February 18, 2008 8:55 AM February 16, 2008 Secrecy: Records must be open to public The Clarion-Ledger American citizens have a powerful tool in ensuring their government functions as it should and is accountable - the federal Freedom of Information Act. Jeanni Atkins, a University of Mississippi journalism professor and director of the Mississippi Center for Freedom of Information (mcfoi.org), points out that records obtained by FOIA requests have been critical in forcing the government to act on matters of public health and safety. The FOIA law was initially passed in 1967, but was recently reauthorized and strengthened. In Mississippi, we have the Public Records Act of 1983, which is designed to ensure citizen access to government records. Unfortunately, it is not the same strong tool as the federal act. The Public Records Act requires government agencies to turn over documents within 14 days of receiving a written request. It does not always work that way. For one thing, there are several exemptions, especially in the area of law enforcement records. Another, the 14-day waiting period is usually used as a delaying tactic or a dodge. This newspaper often has to go to court to force compliance. Bills being considered in the Legislature would cure some of these issues. One would lower the waiting time to three days, which is still long in most cases, but more reasonable. Another would open law enforcement incident reports, allowing citizens to know what crimes are being committed in their communities. Most officials deal with citizens' requests for documents simply by providing them. It should be that easy. For others, it takes a law. Mississippi's Public Records Law needs strengthening. Inserted from <http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20080216/OPINION01/802160309/1001&template=printart> School board's secrecy cuts it off from the public Monday, February 18, 2008 8:55 AM School board's secrecy cuts it off from the public The EMSB's bloc voting and private meetings mean there's little public debate HENRY AUBIN The Gazette Saturday, February 16, 2008 On paper, school boards are a great thing for anglophone Quebecers. Ever since the conversion of the province's religious school boards into linguistic ones a decade ago, English-speaking citizens possess a level of government exclusively in their control. In the case of the largest of the nine anglo boards, the English Montreal School Board, are citizens making the best of the opportunity? The answer is a resounding no. Things were bad enough before last November's election. Previously, the 23 school commissioners had organized themselves into three informal political teams notable for their fractiousness. Commissioners did not vote according to their individual judgments - as do, say, the commissioners of this region's other big English board, the Lester B. Pearson School Board. Rather, they voted according to their team's dictates. The team with the majority of members, which was headed by Dominic Spiridigliozzi, was noted for its distaste for democracy. For example, Spiridigliozzi rejected the holding of candidates' debates and even meet-the-candidates nights. Public apathy suited him fine, since low voter turnout made it easier to win elections with modest effort. The two other teams were anxious to open up the system and end bloc voting. They agreed to a non-aggression pact in which the reform teams divided up the wards and agreed to not run candidates against each other. A surprisingly large number voters turned out on Nov. 4 - 17.6 per cent, well above the minuscule average for all boards. They reduced Spiridigliozzi's team to minority status. One reform team, headed by Rocco Barbieri, won eight seats. The other, led by Angela Mancini, had five. You'd think the erstwhile allies would form a ruling coalition. Naked opportunism, however, carried the day. Rather than let Barbieri become board chairperson thanks to his higher number of seats, Mancini's team switched partners. It now works in tandem with Spiridigliozzi. And Mancini is is riding high as chairperson. Result: Bloc voting remains the norm. So does partisan discord. Understandably, the Barbieri people feel betrayed. As for the EMSB's attitude to the public, let me tell you about its love of secrecy. Quebec law requires all meetings of each school board's council of commissioners to be open to the public (except when treating personnel matters or other items that could be prejudicial to a person). But by having other kinds of meetings, the EMSB can keep out the public, including the news media. One is meetings of the powerful executive committee, on which nine commissioners sit. By contrast, the Pearson board lets the public attend some of its executive committee sessions, says that board's secretary-general, William Stockwell. The EMSB also holds meetings of the council's standing committees behind closed doors. Pearson lets citizens attend upon request. The EMSB also has frequent caucus meetings. Unlike their counterparts at other levels of government, these caucuses are not for individual parties - all 23 commissioners can attend. These sessions are important: Issues are discussed but not voted upon. Note that Laval's Sir Wilfrid Laurier School Board lets in the public to its caucus meetings. To be sure, the EMSB allows two representatives of parents to attend its caucus meetings. But so phobic is it of sunshine that it makes them sign agreements to keep proceedings confidential. A commissioner with the Barbieri team, Julian Feldman, has encountered a stone wall in his efforts to make the EMSB more transparent. "I am beginning to feel that I have joined some kind of Masonic lodge," he says. I was the only journalist and member of the public present at last Wednesday's special meeting of the council. Little wonder. A more open system would not bring in crowds, but at least those citizens concerned about education would be able see their elected representatives' thinking on issues. Now they see little more than just the end of the process - the bloc voting. One reason, then, that Montreal's English-speaking community doesn't make the best of the EMSB is that EMSB doesn't let it. Meanwhile, the education system is deteriorating. It's no coincidence. Education reform does not start in the classroom. It starts at the top. Henry Aubin is The Gazette's regional-affairs columnist. haubin@ thegazette.canwest.com © The Gazette (Montreal) 2008 Inserted from <http://www.canada.com/components/print.aspx?id=f0365ff6-ef7d-4508-aa45-d9dda9b9d594>
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