Independent State Agency Reviewed 3400 Open Government Issues Last Year

Take my word for it, I don't obsess over Illinois open records and meetings issues, although my last two blog posts might suggest otherwise.  And now comes the third.

By coincidence, Illinois Attorney General Lisa Madigan just released some interesting Freedom of Information Act (FOIA) and Open Meetings Act (OMA) statistics.

It was reported yesterday (Friday, 3-14-14) that the Illinois AG's Public Access Bureau (PAB) handled 3400 open government cases last year. Can anybody show me an independent government office in Michigan with a record anything like that?

PAB also conducted 35 training sessions for the public and government personnel during 2013.

These activities are examples of major reforms adopted in Illinois in 2009.  Attempts at reform in Michigan have been stalled for years.

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.

Apply FOIA disclosure to state legislators

In the original California Public Records Act, the legislature exempted itself and the California courts from disclosure requirements.  However, the separate Legislative Open Records Act grants public access to legislative records.

Court decisions have broadened such disclosure requirements.  For example, "In December 2011, a Sacramento Superior Court judge ruled that the California Assembly must disclose budget records of individual lawmakers, handing a victory to newspapers that filed a lawsuit accusing legislators of flouting the state's open records laws."  http://sunshinereview.org/index.php/California_Public_Records_Act

Also, a California court rule mandates public disclosure of state court administrative records.

Read more: http://sunshinereview.org/index.php/California_Public_Records_Act#ixzz2PDXI2DDp

 

California has a long history of legislative tinkering with its public disclosure laws. 

In 2004, California voters approved a state constitutional "sunshine" amendment, applicable to public bodies, without excluding the legislature.

In New York, the legislature is included (through extraordinary provisions) in the state's Freedom of Information Law, but state courts are not.  However, provisions in other public access legislation do apply to the courts.

South Carolina is considering adding the legislature to the list of state government functions covered by its Freedom of Information Act.

Rep. Bill Herbkersman wrote recently, "We must reform and further define the rights of citizens and news organizations in obtaining information, and the responsibilities of public officials to provide appropriate information in a timely and cost-effective manner."

He went on to say,  "I am a strong advocate of open government and I fully support the elimination of the blanket legislative exemption from FOIA. It is unfair and unwise to excuse the lawmakers from the reach of the law."

http://savannahnow.com/bluffton-opinion/2013-03-30/still-tweaking-foia-bill-easter-break-under-way#.UVcMtjdc324


A bill to include the Michigan legislature in the disclosure requirements of the state's FOIA has been dormant for a long time.

Energize Sunshine Week

We know the Grinch stole Christmas.  Now we have to figure out who took the "umph" out of Sunshine Week.

Used to be, newspapers would honor the occasion with extensive coverage. There would be salutes to stalwart individuals, many journalists among them, who had, against all odds, patched together information pulled from uncooperative government sources to expose waste, fraud, theft, cronyism, indecision and bad ideas.

For instance, a review of the story last year about the Partnership for Civil Justice Fund extracting Department of Home Land Security documents concerning the department's monitoring of the Occupy Movement would have been commendable.

Closer to home, a summary of Progress Michigan's investigation utilizing FOIA requests for information about Michigan Rep. Roy Schmidt's machinations in changing his party affiliation would have been instructive.

Just a week ago it was reported that the Michigan Chapter of Americans for Prosperity was told it would have to pay the Michigan State Police about $19,600 for copies of a few hours of video tape recorded last December.  That, too, would have been a worthy subject for discussion during Sunshine Week.

Also during past Sunshine Weeks, there would have been a recounting of the year's efforts to strengthen Freedom of Information statutes to make it easier for the public to acquire the records their tax dollars had paid for; and especially, to expose corruption and ineptness in government.

What happened this year?  I suppose editors could have pointed out that last September Rep. Mike Shirkey introduced in the Michigan House a watery bill, intended as an improvement on Michigan's outdated statute, to speed up FOIA compliance, reduce costs and increase fines against government offices that failed to comply.

Unfortunately, the bill expired in December.  But wait!  Shirkey reintroduced the bill in January.  It continues to languish.  Wow.  There's a scoop.