Freedom of Information Foundation

to Hold Annual FOI Conference In Austin

The Freedom of Information Foundation of Texas will hold its 2010 Bernard and Audre Raporport State Conference on Friday, August 13 at the Renaissance Hotel in Austin. This year’s theme is Open Government: Navigating Digital Dangers.

Texas Attorney General Greg Abbott will be the conference’s Luncheon Keynote Speaker.

The highlight of Friday’s program will be the John Henry Faulk Awards Luncheon and the presentation of the James Madison Award to Joe Larsen, a veteran advocate of open government and Special Counsel for Sedgwick, Detert, Moran & Arnold, LLP in Houston.

“I can’t think of a more qualified and deserving recipient of this distinguished award than Joe Larsen,” said Laura Prather, an attorney and president of the Freedom of Information Foundation of Texas.  “Joe epitomizes a public information warrior who has spent much of his professional career tirelessly fighting for the public’s right to know.”

This award is given annually to honor those who have demonstrated outstanding commitment and service in upholding the principles of the First Amendment.  In addition, the State Bar of Texas will award recipients of their 2010 Texas Gavel Awards honoring journalistic excellence that helps foster public understanding of the legal system.

This year’s annual program will also include:

Session I: Tweet It, Txt it, Post It on Facebook — It’s Social, But Is It Public?

Moderator: Robert Quigley, social media editor, Austin American Statesman.  Panelists include Amanda Crawford, Chief of the Open Records Division, Josh Baugh, City Hall reporter for the San Antonio Express-News and Elise Hu, political reporter who specializes in multimedia projects for the Texas Tribune.

Session II: What you Need to Know

Moderator: Ross Ramsey, managing editor, Texas Tribune and editor, Texas Weekly. Panelists include Pete Slover, Governance Counsel, Pedernales Electric Cooperative; Matt Stiles, reporter and CAR expert, Texas Tribune; Hadassah Schloss, Cost Rules Administrator, Open Records Division, Attorney General’s Office.

Session III: Keeping Government Open: It Takes a Village

Moderator: Wanda G. Cash, clinical professor, School of Journalism, University of Texas at Austin. Panelists: Gary Chapman, director of the 21st Century Project, LBJ School of Public Affairs; Evan Smith, editor-in-chief and CEO, Texas Tribune; Doug Toney, chairman of the TDNA/TPA Legislative Advisory Committee.

The cost of the total conference, including the Keynote John Henry Faulk Awards Luncheon, and all sessions, is $100 and the awards luncheon only is $75 per person. To register, please visit www.foift.org or call the FOIFT office at 512.377.1575.

The Freedom of Information Foundation of Texas is a nonprofit 501(c)(3) organization supported through grants from private citizens, corporations, foundations, and tax-deductible donations. For more information, call 512.377.1575, or write 3001 N. Lamar # 302, Austin, TX 78705.

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We’ve written before about the ongoing feud between the San Antonio Express-News, Bexar County Commissioner Tommy Adkisson and Texas Attorney General Greg Abbott. What we haven’t done, however, is tell Commissioner Adkisson’s side of this issue: why he does not believe emails discussing public issues on personal email accounts should be considered public information – subject to disclosure under the Texas Public Information Act. Now, thanks to Texas Watchdog we can.

Texas Attorney General Greg Abbott is defending the constitutionality of the Texas Open Meetings ACT (TOMA), arguing that “The First Amendment protects citizens against government oppression – not government against citizen oversight.”  The Freedom of Information Foundation of Texas couldn’t agree more.

In a brief filed in the Western District of Texas United States District Court July 12, General Abbott goes on to say “Open government laws are based on the same premise:  that public officials work for the people.  For these reasons, openness in government is a First Amendment virtue, not a First Amendment violation.”   FOIFT stands strongly with the AG in support of this position and has filed an amicus brief in support. Click here for more details.

Several members of the Freedom of Information Foundation of Texas’ Board of Directors are making headlines.  Jackson-Walker, L.L.P. (Dallas) Attorney Paul Watler has been has been named the 2010-11 Chair of the Public Affairs Committee of the State Bar of Texas and Laredo native Diana R. Fuentes has resigned as editor of the Laredo Morning Times , after 32 years in journalism.  Board member Donnis Baggett also recently took over the reins as publisher at the Waco Tribune Herald after formerly serving as editor-in-chief of  The Eagle, in Bryan-College Station.

Three days ago, we reported on some troubling developments along the Gulf Coast in a post entitled “Why is the First Amendment Suspended on Independence Day?”  It was the first account of a restrictive policy by the U.S. Coast Guard that threates to impede an independent accounting of what’s really going on with the continuing environmental disaster as explained by CNN’s Anderson Cooper.

Now news crews are reportedly being harrassed by local police in the name of “Homeland Security,”  reportedly at the request of BP officials.  What?  Why?   The last time I checked we still have a free press in this country, don’t we?  Wake up America.

In the Bryan-College station area there’s a local dispute that has ramifications as large as Texas. Whether the local public utility, accountable to taxpayers, should be able to withhold salary information of the employees they hire. Legally, they can withhold the information for competitive reasons. But should they? The Freedom of Information Foundation of Texas joins State Senate Finance Committee Chairman Steve Ogden who says, “… “I don’t know why a public utility, basically owned by the taxpayers, should have the right to keep their business dealings private.” We also applaud the District 5 representative who believes it’s time for the Legislature to review, and possibly repeal the 11-year-old exemption that permits competitive matters be closed to the public.

As America celebrates 234 years of Independence during this Fourth of July holiday CNN”s Anderson Cooper urges the Obama administration to reevaluate its policies on transparency and the First Amendment - repeatedly pointing out, “we are not the enemy here!”  What do you think?

The Freedom of Information Foundation of Texas joins all Texans in mourning the passing of Former Texas Governor Dolph Briscoe, Jr.

Governor Briscoe was a strong supporter of open government and signed the legislation that is known today as the Texas Open Records Act.  In his memory, and as a tribute to Governor Briscoe’s lifelong dedication to public service, we share these personal thoughts he shared with the FOI FOCUS staff seven years ago.

Briscoe reflects on OR legislation

he signed

 Winter 2003

Editor Note: Thirty years ago, in 1973, then Gov. Dolph Briscoe, Jr. signed legislation that today is known officially as the Texas Open Records Act. The FOI FOCUS asked him to reflect on the anniversary of that act—his thoughts then and now.

By Dolph Briscoe, Jr.

          At the time I signed the legislation, my thinking was that there was too much secrecy in state government. It was not possible then for a citizen to determine what was going on in state government.

          It was difficult for the average citizen even to be aware of how decisions were made. As far as the public was concerned, there was some faceless person involved. In other words, it could be a group or legislative committee that might be responsible.

          There is no question about efforts being made now to place obstacles in the path of freedom of information.

           Those efforts have been made, and are being made, and I think it would be good to revisit the situation to see if additional legislation is needed or if it is a matter of better enforcement of existing legislation. It should be a combination of the two.

           It’s very important that the people of the state, the citizens, know how

legislative decisions are made, who is doing it and their reasons for doing it.

          No piece of legislation probably ever completely accomplishes its intention.

          This means that any legislation should be periodically revisited, looked at again to see how it is working, if it is effective and if it is doing what it was intended to do.

          You never solve one problem in any one session of the legislature. It is something you work on from session to session.

          There is an old saying that it [legislation] is a work in process and will continue to be so.

http://www.foift.org/Newsletters/Winter2003Focus.pdf

In early March, Fort Worth Star-Telegram reporter Jay Board contacted the Freedom of Information Foundation of Texas (FOIFT) with several questions about a possible violation of the Texas Open Meetings Act (TOMA) by members of the Grapevine City Council.  The issue was immediately referred to FOIFT hotline attorney Bill Aleshire, who immediately concluded it was a, “…blatant violation of TOMA discussing employment of an independent contractor in executive session.”  The newspaper sued and now a state district judge has ruled Aleshire’s conclusion was correct. Further appeals by the city could cost taxpayers $50,000 or more.

The law says public records must be released upon request to the public. The Attorney General has ruled that emails, even if sent from a personal email account, pertaining to official public business must be released. The Bexar County District Attorney has refused to sue the Attorney General on behalf of Bexar County Commissioner Tommy Adkisson because she says she may end up prosecuting him for criminal violations. The County Judge says he does not support Adkisson’s position. And yet, by casting the tie-breaking vote, the embattled public official has managed to get the Bexar County Commission to vote in favor of an open records lawsuit against Texas Attorney General Greg Abbott afterall.