Monday, October 21, 2013

Michigan's FOIA problems and the solution

Pending bills to amend FOIA in Michigan would do little more than apply a few flimsy patches to an antiquated, tattered statute long overdue for a major overhaul.

The Michigan statute mandating public access to government records is flawed because it requires that written requests be made to an agency official with the de facto power to deny, delay or overprice the record requested.

Support FOIA reform that provides greater transparency through application of the latest records search technology, enabling information seekers to obtain records directly, i.e. without the assistance (or obstruction) of a government gatekeeper.

Many public officials, especially at the local level, complain about the cost and inconvenience of responding to FOIA requests. What those officials overlook (or hope we will overlook) is that, upon making a relatively small investment in software, most public records can be made available without cost or inconvenience simply by posting all non-exempt records online in searchable archives the moment they are created or acquired.

I suspect that it's not cost and inconvenience that raises the ire of some public officials so much as the fear that open access to government records will reveal foolishness, incompetence, wastefulness and crime. Perhaps an air of superiority and a sense of entitlement on the part of some public "servants" add to their aggravation.

The City of South Bend, Indiana, assisted by the Sunlight Foundation, has established a gold standard in transparency. It has enabled free, easy and direct public access to a remarkable catalog of city records.

This could be a model for open government, both at the local level and in state agencies. Take a close look at this outstanding achievement. It's worth considering for application across Michigan and throughout the country.

Wednesday, October 16, 2013

Crowd Fact-Checking, a Lesson from India



Rural and seasonal workers across India are guaranteed (as needed) 100 days a year of manual labor at minimum wage.

Years ago, some local officials claimed they were assigning work and paying workers, all the while embezzling funds and keeping the records secret.  Workers complained they were getting neither work nor pay.  They brought pressure under India’s Right to Information Law and eventually were allowed to view (but not have copies of) work and pay records.  

Some workers were able to copy the records surreptitiously. The records, purporting to show that specific individuals had worked and been paid, were revealed at public meetings and shown to be false.

Today, such government ledgers are painted on village walls where workers can determine for themselves the accuracy of the records.  Officials are fined if records are not made public on time.

In one Indian state where state officials support them, activists get local records and go through their village door to door to verify payments made, services rendered and the like.


Such social audits have uncovered instances where as much as 95 percent of funding had been embezzled from government programs.


Why couldn't a variation of this concept be applied just as successfully in more advanced countries, using the Internet?