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Texas autopsy center subject to open records laws?
Posted By Lee Ann O'Neal On November 9, 2009 @ 1:03 pm
Texas Watchdog
An autopsy center with offices in Beaumont, Conroe and Tyler has asked the state attorney general to determine whether it is subject to the Texas Public Information Act.
The Longview News-Journal has the story:
The Southeast Texas Forensic Center … submitted the question to the state Oct. 6 after a Central Texas attorney requested autopsy reports from the center’s Beaumont office in September and August.… (The center’s attorney) argues the center is not a “governmental body,” but instead provides services under a contract typical of vendors and purchasers.
It’s easy to see how there could be some confusion.
The center’s Web site says it was launched in 2003 “for the purpose of turning Jefferson County Morgue into a private business,” opening locations in Conroe and Tyler the following year. The Beaumont (Jefferson County) location is housed at a county jail and does business as the Jefferson County Morgue, according to the Web site.
It will be interesting to see how the AG rules.
An aside: We don’t want to be prudes when it comes to online content, but we noticed while perusing the Southeast Texas Forensic Center’s Web site a tab linking to a “Gift Shop.”
Strange. Are you going to inquire about a loved one, then buy a T-shirt to commemorate the event? Maybe the folks at the forensic center had the same thought, since the link no longer appears to work.
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Texas forensic science agency's new chief calls for changes as arson inquiry continues
12:00 AM CST on Saturday, November 7, 2009
By TERRENCE STUTZ / The Dallas Morning News
tstutz@dallasnews.com
AUSTIN – The new chairman of the Texas Forensic Science Commission has called for several key changes at the agency, including new confidentiality requirements, to ensure that its future reviews of criminal cases are credible.
John Bradley, the district attorney in Williamson County and chairman of the commission, also promised that the panel will apply a "disciplined, scientific approach" to its continuing inquiry into a flawed arson investigation that led to the 2004 execution of Cameron Todd Willingham of Corsicana.
"Those with agendas separate from the advancement of forensic science have made exaggerated claims and drawn premature conclusions about the case," Bradley said in a commentary sent to newspapers this week.
The prosecutor also pointed out that the commission was created in 2005 "to determine only whether there was negligence or misconduct by an accredited laboratory" conducting forensic analyses of evidence in specific cases.
"The commission does not decide whether persons are guilty or innocent of criminal offenses," he said.
A spokeswoman for the commission said Bradley would not speak to a reporter to elaborate, pending his planned testimony next week to a state Senate committee.
Bradley said he will be seeking changes at the agency to improve its operations, including new written policies and procedures, investigative standards to guide its work and new requirements to keep information confidential until a final decision is rendered.
Implementing such changes could take months, and it's unclear how that would affect the commission's work in the Willingham case.
"Unfortunately, the law creating the commission does not include those protections."
"Most state agencies with investigative and deliberate functions are protected by laws designed to keep such information confidential until a final decision is released," he said.
Bradley said he would seek advice from the Attorney General's Office on how the commission can have tighter control over its functions and protect against "interference and improper outside influences."
That suggestion drew a cool reception Friday from the Freedom of Information Foundation of Texas, which pointed out that the Legislature had a choice whether to make the information public or private when it passed the law setting up the agency.
"We prefer to think they wanted the public's business to be conducted in public," said Keith Elkins, executive director of the foundation.
"If Mr. Bradley wants to have the public's business conducted in secret, the appropriate thing would be to go to the Legislature to ask for a change rather than going around the legislative process and trying to get it changed by the attorney general," he said.
Bradley also said he will seek additional resources from the Legislature in the next session "so the commission can grow into a mature, well-respected entity." He noted that the agency now has one employee to handle its administrative, legal and public contract work.
Last year, the commission hired a well-respected arson expert to review the Willingham case. He concluded that no investigator could have determined with available evidence that Willingham started the 1991 fire that killed his three children.
On Sept. 30, two days before the expert was to appear before the panel and present his report, Gov. Rick Perry replaced four of the nine commission members, including the chairman. Perry, who approved the execution, had questioned the direction taken by the commission in investigating the case.
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Rockport council against criminal provisions in law
Open Meetings Act
By: MIKE PROBST, Editor & Publisher
Published: Friday, November 6, 2009 1:20 PM CST
The Rockport City Council approved a resolution at its special meeting Tuesday, Nov. 3 supporting and joining with the City of Alpine in its lawsuit to declare the criminal provisions of the Texas Open Meetings Act unconstitutional.
The 83rd Judicial District Attorney indicted two Alpine city council members for violation of the Texas Open Meetings Act. The indictments were dismissed, but the council members sued and won at the district court level. That decision was appealed to the Fifth Circuit panel which overturned the district court ruling.
Eventually, the case became a moot point because neither of the council members are still in office and they no longer had standing to sue.
The City of Alpine has filed a lawsuit on behalf of sitting elected officials in the district court and is seeking elected officials and cities to join them in the lawsuit.
There is no financial liability to the City of Rockport. The attorneys filing the suit are doing it pro bono.
“Cities involved (in the suit) believe the Open Meeting’s Act is good, but not the possibility of criminal indictment (and possible sentencing of six months in jail and a fine of up to $500),” said City Manager Tom Blazek.
Mayor Todd Pearson said, “We don’t believe inadvertent or accidental mistakes should not be criminalized.”
The mayor said the case will probably ultimately go to the U.S. Supreme Court.
With the council’s action, Rockport, Sugarland, and Alpine are plaintiffs in the case.
Councilwoman Adelaide Marlatt asked if there is a downside to approving the resolution and joining the other cities in the lawsuit.
“Newspapers will criticize it,” said Pearson.
He said the lawsuit should be filed in the next couple of months.
“They will add folks (cities and elected officials) as they go ahead (with the suit),” said Pearson.
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Freedom of Information Foundation of Texas Board Member and
Volunteer Hotline Attorney James A. "Jim" Hemphill also assisted Mr.
Allen Youngblood in fighting this subpoena
County judge drops demand for news entities’ notes
By CINDY HORSWELL
Houston Chronicle
November 6, 2009
Liberty
County Judge Phil Fitzgerald, under pressure for months from a probe
into misconduct allegations, has withdrawn a demand that two local news
entities turn over all information gathered about him as new
revelations continued to surface.
The subpoenas,
which were issued Oct. 6 to Vanesa Brashier, Cleveland Advocate editor,
and Allen Youngblood, who maintains a community news Web site, not only
sought interview notes and e-mails but ordered them to turn over
identities of readers making anonymous comments to online stories.
However,
after attorneys for Brashier and Youngblood filed motions stating such
requests would have a chilling effect on journalism and violate the
state’s new law on the free flow of information, Fitzgerald’s attorneys
abruptly withdrew the requests three days after they’d been filed
without comment.
“We had a lot of readers upset
that Fitzgerald was going after their names, wondering whether he was
making an enemy ‘hit list,’ ” Youngblood said. “It was a witch hunt.”
Revelations in trial
Fitzgerald’s
attorney, Barbara Norwood, said neither she nor her client would have
any comment since Fitzgerald was the defendant in a civil trial that
began at the Liberty County courthouse Monday.
In
that trial — which has brought out new revelations — Fitzgerald is
being sued by Jessica Vickery, who wants him removed as executor over
her $2.8 million trust. It was established years ago by the 27-year-old
Vickery’s parents, Glenn and Helen, who have since divorced.
Glenn
Vickery, a prominent personal injury attorney, plays a crucial role in
an ongoing probe of Fitzgerald by the Texas attorney general.
The
state and the Federal Emergency Management Agency have been
investigating allegations that Fitzgerald, among other things, may have
improperly profited from cleanup after Hurricane Ike by leasing 16
trucks to his brother-in-law that were used in a $3.2 million contract
with Liberty County to remove storm debris. more...
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Fired Up: Changes Sought for Texas Forensic Science Commission
By Mary Alice Robbins
Texas Lawyer
November 05, 2009
The
prosecutor heading a commission at the center of a political firestorm
will recommend ways to improve the panel’s operations at a Senate
Criminal Justice Committee hearing Nov. 10. The controversy ignited in
September when Gov. Rick Perry abruptly replaced two commission members
two days before they were to review an arson expert’s report in the
case of Cameron Todd Willingham, a death-row inmate executed in 2004
after Perry declined to grant him a 30-day reprieve.
Anti-death
penalty activists have contended that Willingham was innocent and that
Perry replaced the commission members to block a review of a report
questioning whether the fire Willingham was accused of starting was
arson.
Williamson County District Attorney John
Bradley, the new chairman of the Texas Forensic Science commission,
says he will recommend, among other things at the Senate committee
hearing, that during an ongoing investigation, the commission should be
allowed to meet in private to discuss the matter being investigated and
that reports to the commission on an investigation be withheld from
public release until the commission concludes its deliberations.
“It’s not a good idea to conduct an investigation in a public forum,” Bradley says. more...
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TWDB hears latest round in regional water spat
By Dave Pasley, The Boerne Star
Published: Friday, November 6, 2009 11:13 AM CST
Another
round in a battle between Hill Country water planners was fought in
Kerrville Monday at a Texas Water Development Board hearing.
The
conflict centers on a decision about “desired future conditions” made
on Aug. 29, 2008, by the executive committee of Groundwater Management
Area 9, which is made up of one representative from each of the
groundwater districts in Kendall, Bandera, Blanco, Comal, Hays,
Kendall, Kerr, Medina, Travis and northern Bexar counties.
The
GMA-9 committee voted to set a desired future condition of “no net
increase in average drawdown” for what is known as the Edwards-Trinity
(Plateau) Aquifer. The Plateau Water Planning Group and the Upper
Guadalupe River Authority, both based in Kerr County, contend that
would be unreasonably burdensome for property owners in western Kerr
County.
Led by Kerr County Precinct 3 Commissioner Jonathan
Letz, the Plateau Group and the river authority appealed to the TWDB to
overturn the GMA-9 decision. more...
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Senate committee should approve Free Flow of Information Act
Editorial Board, Austin American-Statesman
Thursday, November 05, 2009
At
long last, a bill that would balance national security interests with
the public's right to know what the government would rather hide is in
the offing. Legislation dubbed the Free Flow of Information Act is once
again on the Senate Judiciary Committee agenda for today, but whether
the committee will vote on it is far from certain.
Sen.
John Cornyn, R-Texas, is a member of the committee, and we urge him to
vote for the bill. The legislation that would allow journalists —
including bloggers — to protect the identities of sources of
information that can't be obtained any other way has been in the works
for several years. A collision between the press and the government
over compelling disclosure of the sources has stymied previous efforts.
In
a perfect world, there would be no need for anonymous sources, but the
world is far from perfect. Reporters and editors who pledge not to
reveal a source's identity should be shielded from government subpoenas
and threats of incarceration that seek to unmask those sources.
As
we have explained previously, news organizations do not promise sources
anonymity lightly. At the American-Statesman, for example, a guarantee
of anonymity is extended only when there is no other way to publish
information of vital public interest and then only with significant
conditions attached.
The American-Statesman
policy on anonymous sources reads in part: "Editors must approve any
grants of anonymity before the information is published. Anonymity may
be granted only if: the information is valuable to the public and
crucial to the story; it cannot be obtained any other way; and the
source has a valid reason for declining to be identified. We do not
allow people to commit personal or character attacks from behind the
shield of anonymity."
Such a shield is necessary
to protect sources from retaliation for disclosing information that the
government may find embarrassing.
The bill being
studied by the Senate Judiciary committee allows judges to compel
disclosure of sources if that information is needed to stop or prevent
or mitigate death, kidnapping or substantial bodily harm. Privilege can
also be breached if the information is needed to protect national
security or prevent terrorist activity.
The
government has the burden of proving that compelling disclosure would
be in the interest of national security by a preponderance of evidence
— not just because a government agent says so.
This
bill would protect journalists from government harassment should they
publish something that embarrasses or exposes malfeasance. A free
society cannot remain free if the government is allowed to use its
broad powers to hide information in the name of national interest.
Whether
the bill is voted on today or next week, the Senate Judiciary Committee
should approve the bill and recommend passage by the full Senate.
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Firm: Texas A&M Facility Wasn't Built To Code
Nov 4, 2009 4:09 pm US/Central
DANNY ROBBINS, Associated Press Writer
DALLAS
(AP) ― Texas A&M University's tentlike athletic complex wasn't
built to withstand the maximum winds prescribed by the building code,
according to an engineering firm hired by the university to evaluate
the $35.6 million structure.
The analysis by Haynes Whaley
Associates of Houston suggests that the McFerrin Athletic Center was
built using a flawed design similar to that linked to the Dallas
Cowboys' practice facility, which collapsed in May, injuring a dozen
people.
Both of the steel and fabric structures were designed by Summit Structures LLC of Allentown, Pa.
Documents
obtained by The Associated Press under the Texas Public Information Act
show that Haynes Whaley executive vice president Mark Thompson informed
Texas A&M in September that his firm didn't believe the McFerrin
Center could withstand the 90 mph winds, as specified by national
standards.
Summit has added a series of cables to the
facility's steel frame in response to Haynes Whaley's concerns, the
documents show. The company could make more repairs if ongoing wind
tunnel testing shows they are warranted, according to the documents. more...
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US Supreme Court says child sex documents must be shown
Austin News.Net
Monday 2nd November, 2009
The
US Supreme Court has refused to review a case in which the Catholic
Diocese of Bridgeport, Connecticut, were told to release documents on
priest-child sexual abuse.
The Connecticut Supreme Court had
earlier ruled that the documents, which purportedly detail abuse
investigations within the church of six priests, should be unsealed.
Monday's action followed an earlier refusal by the US Supreme Court to issue a stay in the case.
Church
lawyers invoked constitutional issues, including First Amendment rights
of religious organisations, in their argument to the Supreme Court.
But
survivor's advocates have welcomed the ruling, saying the public needs
to know if the church was aware of child sex crimes in Bridgeport.
Read full text and discuss this article on our forums.
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Our Opinion: Journalism program depends on freedom
Talahasse Democrat
November 2, 2009
Trouble,
innocently enough, recently sprang forth from the mouths of babes at
Florida A&M University. While the controversy was effectively
hushed on campus, the outcry rightfully lingered on in more independent
spaces.
During a flap over student media outcry about artists
recruited for FAMU's annual homecoming concert, one alumna of the
university's journalism program provided an apt summation of the
troubles: "every so often we are reminded why the media should act and
support itself independently."
Her comments reference subtle
moves by university administrators to squelch student protest about the
kind of artists chosen to perform at the concert. Drama ensued after a
student DJ on the campus radio station, WANM, aired her discontent
about the slated lineup of performers, including rapper Gucci Mane, who
ultimately couldn't attend because of legal troubles.
The story
was quickly snapped up by local media and made its way into the
blogosphere, but not before Henry Kirby, dean of student affairs, sent
a letter to School of Journalism and Graphic Design Dean James Hawkins,
reminding students and advisers alike that student media depends on an
allocation of funding from student government.
Though Mr. Kirby
now refuses to talk about the circumstances surrounding the homecoming
concert, his strategy of appealing to the dean provided heavy-handed
assurance that campus media could be penalized if the story didn't get
buried, quickly.
The actions taken to silence discussion about
the homecoming concert are disappointing on a number of fronts.
Students and administrators alike should expect and demand the exchange
of ideas and the airing of dissenting opinions as part of the rigors of
higher education. Moreover, First Amendment freedoms should not be
hamstrung by administrators, even when status as a public university
arguably permits the government censorship of student speech.
Instead
of teaching the students how to effectively use their critical thinking
skills, abilities to reason and the importance of having media outlets
that are categorically at liberty to serve as a mouthpiece for student
concerns, administrators at FAMU have effectively silenced their
students in a power grab more common to foreign press outlets. more...
Read full text and discuss this article on our forums.
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U.S. courts weigh challenges to wording of pledge of allegiance
Posted: November 01, 2009, 11:42 PM by Daniel Kaszor
Holy Post
More
than 50 years after the words “under God” were inserted into the U.S.
pledge of allegiance a new court case could help settle once and for
all if those words violate the American tradition of the separation of
church and state.
Michael Newdow, a California doctor, is
fighting to declare the pledge unconstitutional. In October, a federal
judge in New Hampshire dismissed the legal suit, saying the pledge is
voluntary and not a prayer, so it did not violate the Constitution. Dr.
Newdow is appealing that decision.
Dr. Newdow, who also studied
law and is an atheist activist, believes including “under God” is a
clear violation of the First Amendment that states, “Congress shall
make no law respecting an establishment of religion.”
He said
the pledge, originally formulated in 1892 without reference to God, was
meant as a secular statement and should return to its origins.
He also believes the use of “under God” brings scorn against atheists and in that way the government is promoting bigotry.
But
opponents of Dr. Newdow say the reference to God has more to do with
political philosophy than a reference to the God of a particular belief
or denomination.
“This is an assertion of our history,” said
Richard Land, president of Southern Baptist Convention’s Ethics &
Religious Liberty Commission.
The concept, he said, comes
right out of the Declaration of Independence, “the founding document of
our country which states ‘that all men are created equal, that they are
endowed by their Creator with certain unalienable rights.’ ”
The
contentious two words were added to the pledge during the height of the
McCarthy era, when the Cold War was at its peak and anti-communism
reached its zenith in the United States. In 1954, Congress agreed to
insert “under God,” after intense lobbying by the Knights of Columbus,
a Roman Catholic fraternal organization.
Those who are fighting
in the courts to keep the pledge intact say the purpose of the
inclusion was not to promote conventional religion, but to emphasize a
philosophy that says the rights of men and women come from a higher
power than the state.
“It was never a theological statement, it
was a statement of political philosophy,” said Patrick Korten,
vice-president of communications for the Knights of Columbus.
He said this view is consistent with the framers of the Constitution who did not equate God with the Bible. more...
Read full text and discuss this article on our forums.
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Senate, White House agree on reporter protection
By JIM ABRAMS
Posted: Oct 30, 2009 10:39 AM
Updated: Nov 3, 2009 10:09 AM
Associated Press Writer
WASHINGTON (AP) - The White House, key senators and media
representatives have reached a compromise on legislation to protect
reporters from being forced to disclose their confidential sources in
federal court.
Senate supporters of the so-called media shield bill said Friday
that the deal gives the government authority to override those rights
in certain national security cases.
Sen. Charles Schumer, D-N.Y., said the agreement "strikes the right
balance between national security concerns and the public's right to
know." He said it would preserve a strong defense for reporters trying
to protect sources while making sure the government can do its job of
protecting citizens.
The Senate Judiciary Committee could take up the altered legislation next week.
Lucy Dalglish, executive director of the Reporters Committee for
Freedom of the Press and a member of the media team involved in the
negotiations, said they were strongly recommending that the larger
media coalition backing reporter protections endorse the agreement.
"I think it is a compromise we can live with and it seems to be a
compromise the White House can live with. It's certainly better than
the status quo," Dalglish said. more...
Read full text and discuss this article on our forums.
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SPJ and health journalists urge FDA to stop impeding journalists’ interviews
David Cuillier
on Wednesday, October 28th, 2009 at 10:35 am
SPJ Blogs Network
The
Association of Health Care Journalists and SPJ are fed up with federal
agencies’ use of public information officers to chill the flow of
information. The two groups sent a letter this week to the FDA urging
the agency to stop requiring interviews between reporters and
government employees to be approved by PIOs and attended by PIOs.
This practice has become widespread throughout all levels of
government, and it needs to stop. While PIOs play an important role in
answering questions and facilitating interviews, they are hampering the
flow of information when acting as delaying middle-men or go-betweens.
Having information transmitted through a middle person is hearsay and
fraught with accuracy problems – a disservice to the public.
If you cover an agency that practices this form of information
control, don’t put up with it. Request that the higher-ups put an end
to it. And if they don’t see the importance of direct communication,
then circumvent the Big Brother channels and talk to people directly,
as journalists must do to ensure accuracy. It’s our duty to get it
right. more...
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Chronicle sues Perry over clemency report
By R.G. RATCLIFFE AUSTIN BUREAU, Houston Chronicle
Oct. 27, 2009, 7:41PM
AUSTIN — The Houston Chronicle and Hearst Newspapers LLC are suing
Gov. Rick Perry in an effort to force the release of a clemency report
Perry received before denying a stay of execution to Cameron Todd
Willingham.
The report is a summary and status of the case against Willingham that
was given to Perry at 11:30 a.m. on the day of Willingham's 2004
execution in the fire deaths of his three daughters. Anti-death penalty
advocates say modern fire forensics show the blaze cannot be proven as
arson.
Perry's office has refused to release the report, claiming it is a
privileged document. The clemency document was used by Perry in the
process of deciding whether to give Willingham a 30-day stay of
execution.
“When it comes to human life, there is no place the governor
should be more transparent in his decision-making,” said Jonathan
Donnellan, an attorney for Hearst and the Chronicle.
“It should raise eyebrows that the governor is seeking to shield
communications with his advisers as ‘legal advice,' when the very idea
of executive clemency power is to make a policy decision after the
legal process has run its course,” Donnellan said. more...
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Sidley Helps Northwestern Journalism Students in Spat with Prosecutors
By Zach Lowe, The American Lawyer
October 26, 2009
This article first appeared on The Am Law Daily.
Sidley Austin
has a long history of collaboration with Northwestern University, and
Richard O'Brien, a Sidley partner in Chicago, has defended media
companies under the state's shield law for years. But the two lines of
work have never crossed until now, as Sidley is representing
Northwestern and several former journalism students who concluded,
after a three-year investigation, that a man convicted of a 1978
Chicago-area murder is actually innocent.
The school retained Sidley to fight a rare request from prosecutors
who want access to the students' notes, grades and other materials as
part of the state's examination into whether the alleged murderer
deserves a new trial, according to a Chicago Tribune report from over the weekend.
O'Brien and the school claim the prosecutors' request would violate the
state's so-called shield law, which protects media members, as well as
privacy laws protecting student grades and records, according to the
Tribune. more...
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Freedom of Information: Stalled at CDC and D.C. Government
Posted by Sharyl Attkisson, CBS News
October 27, 2009
In August 2009, CBS News made a simple request of the Centers for
Disease Control and Prevention for public documents, e-mails and other
materials CDC used to communicate to states the decision to stop
testing individual cases of Novel H1N1, or “swine flu.” When the public
affairs folks at CDC refused to produce the documents and quit
responding to my queries altogether, I filed a formal Freedom of
Information (FOI) request for the materials. Members of the news media
are entitled to expedited access, which I requested, since this was for
a pending news report and on an issue of public health and interest.
The Obama administration made a commitment to a “new era of open
government,” as stated in a presidential memorandum on the Freedom of
Information Act (FOIA). On March 19, 2009, Attorney General Eric Holder
issued new FOIA guidelines to “restore the public’s ability to access
information in a timely manner.”
Two months after my FOI request, the CDC has yet to produce any of
these easily retrievable materials. Sadly, this is of little surprise.
This has become standard operating procedure in Washington. more...
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Small Group Now Leads Closed Negotiations on Health-Care Bill
By Perry Bacon Jr.
Washington Post Staff Writer
Sunday, October 18, 2009
Three months before he was elected president, Barack Obama vowed not only to reform health care but also to pass the legislation in an unprecedented way.
"I'm going to have all the negotiations around a big table," he said at an appearance in Chester, Va., repeating an assertion he made many times. He said the discussions would be "televised on C-SPAN, so that people can see who is making arguments on behalf of their constituents and who are making arguments on behalf of the drug companies or the insurance companies."
But now, as a Senate vote on health-care legislation nears, those negotiations are occurring in a setting that is anything but revolutionary in Washington: Three senators are working on the bill behind closed doors.
Senate Majority Leader Harry M. Reid (D-Nev.) sits at the head of a wooden table at his office as he and Sens. Christopher J. Dodd (D-Conn.) and Max Baucus (D-Mont.) work to merge two competing versions of health-care legislation into one bill. The three men will be joined by top aides as well as by members of President Obama's health-care team, led by White House Chief of Staff Rahm Emanuel. The sessions started on Wednesday and could be completed this week. more...
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Freeport agenda not clear enough, DA cautions
By Nathaniel Lukefahr
The Facts
Published October 22, 2009
FREEPORT — City leaders say they will word executive session items more thoroughly after receiving a letter from the Brazoria County District Attorney’s Office stating they have been playing loosely with Texas’ open meeting laws.
A recent trend of wording executive session items as “consultation with city manager about city manager duties” to discuss issues pertaining to the city does not meet standards required by the Texas Open Meetings Act, Brazoria County District Attorney Jeri Yenne said in the letter.
The letter, sent last week to City Council and City Manager Jeff Pynes, simply was a reminder to follow the Texas Open Meetings Act, and there is no investigation into possible criminal actions, Yenne said in an interview with The Facts.
“The truth of the matter is that politics has gotten very heated in Freeport, and they need to be reminded of the Open Meetings Act,” Yenne said. “Nobody is exempt from the Open Meetings Act. And if other entities out there are in any way having private meetings at locations other than their true meeting places or talking on the phone and polling one another, everybody knows we can’t do this.” more...
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Privacy advocate gains support in fight to keep Social Security numbers on Web site
Virginia wants Ostergren to stop publishing the sensitive data
By Jaikumar Vijayan
October 21, 2009 08:04 PM ET
Computerworld - A fight by the Virginia government to stop a privacy advocate from republishing Social Security numbers obtained legally from public records on government sites on her Web site is attracting the attention of some privacy heavyweights.
The Electronic Privacy Information Center filed a friend of the court brief asking the U.S. Court of Appeals for the Fourth Circuit to uphold privacy advocate Betty Ostergren's First Amendment right to publish the numbers.
In its brief, EPIC noted that Ostegren's advocacy work is focused on getting state and local governments around the country to stop posting unredacted public records containing Social Security numbers and other private data on their Web sites. As part of an effort to highlight the problem, Ostergren has taken the Social Security numbers of prominent people she has found in public records and republished them on her Web site.
When a person publishes lawfully obtained and truthful information, that action is "pure free speech," said John Verdi, senior counsel at the Washington-based EPIC. "It is exactly the type of speech that is protected by the First Amendment." more...
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School board must be sure to follow the law
by Editorial board, Corpus Christi Caller, October 20, 2009
CORPUS CHRISTI — Another public body, this time a school board, appears to be both breaking the Texas Open Meetings Act and the First Amendment to the U.S. Constitution.
As reported in Sunday’s paper, the elected board of trustees for the London Independent School District seemingly violated both the rights of its members and those of the public in its Oct. 12 meeting.
During the meeting, the board went into executive (closed) session to talk about a retirement benefit plan available to all employees. Closed sessions are allowed under the Texas Open Meetings Act for discussion of individual employee issues, but not for policies that affect employees as a group.
In addition, the topic(s) of closed sessions must be specifically laid out on the agenda for the meeting, so the public can know what’s going on behind those closed doors. The school board’s agenda simply stated, “Ratification of 457 plan,” without explaining what that is.
On top of that, the school board approved in a new “policy” what appears to be a gag order on its own members. They agreed that only board president Scott Frazier and Superintendent Charley McMath would be authorized to speak to the media for the board.
Not only does such a policy seem to violate the First Amendment, it’s completely at odds with the interests of the public that elected these board members. The reason why there’s more than one member on the board is so varying opinions can be presented and heard, and not only behind closed doors. Presenting a united front to the public may make it easier for the school district to deal with the media, but it does not guarantee that the public’s interests will be represented. more...
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Did Nolanville throw out the rule book?
Posted: Oct 19, 2009 6:10 PM CDT, Updated: Oct 19, 2009 07:03 PM CDT, by Natasha Chen, KXXV, News Channel 25
NOLANVILLE - The city council voted 3-2 to bring back two police officers Monday, allowing the police chief to choose which officers to rehire. But the mayor vetoed their decision, saying she wants to be in charge of who those police officers will be.
The two officers are set to begin work on Oct. 29, but who those two people will be remains unclear because of the council and mayor's actions during Monday's meeting.
"I have no idea why she's doing this, to be completely honest," said councilmember Christina Rosenthal.
Police Chief Lester Holsey's contract states in an amendment that he is "responsible for the hiring and firing of all police department employees, scheduling, and disciplining of all police department employees."
"She's going to hire who she wants back, not who the chief of police, who has the knowledge and knows who is good at what they're supposed to do," Rosenthal said.
Mayor Emma McCullough told News Channel 25 she wanted patrol officers on the streets, rather than the detective and lieutenant positions the chief had in mind to rehire. Councilman Skip Matthews agreed.
"We're up there for the citizens," Matthews said. "We want patrols on the streets. These two stay in the office during the day, all the time."
Still, half the council questioned whether the mayor's veto action was even legal, since the mayor typically only votes to break ties. McCullough told News Channel 25 her actions were in line with the Texas Local Government Code.
Chapter 52 of the Texas Local Government Code only refers to the mayor's ability to issue a statement of objection.
The city's attorney said that for cities like Nolanville, which is not a home-rule city, the mayor may override a contract in certain circumstances. But since he was not present at the meeting, the attorney could not yet comment on whether overriding the contract was permissible.
The meeting was not recorded, which in itself, may be in violation of the Texas Open Meetings Act. more...
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Experts: London School Failing in Transparency
By Elvia Aguilar, Sara Foley, Corpus Christi Caller Posted October 17, 2009 at 10:53 p.m.
CORPUS CHRISTI — London School consistently earns exemplary academic ratings. Its superintendent was recognized as the best in the region this year. But legal and government experts say it’s flunking tests on government transparency.
During a board of trustee meeting last week, the London Independent School District Board of Trustees violated the Texas Open Meetings Act when it discussed a retirement benefits plan in closed session and infringed on elected officials’ freedom of speech rights when it passed a new board policy, legal and government experts say.
The board discussed both of those items and others under a meeting agenda that gave the public little notice of what was going on, the experts say.
School Board President Scott Frazier said he doesn’t think the district had a problem with transparency. more...
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Wimberley asks for attorney general's opinion on water protection powers
Opinion could have implications across Hill Country.
By Asher Price
AMERICAN-STATESMAN STAFF
Monday, October 19, 2009
An upcoming opinion by the state attorney general on whether Wimberley can regulate development in areas outside its city limits could have implications across the Hill Country.
The City Council wants to enact construction rules in the city's extraterritorial jurisdiction — an area outside the city but subject to some city rules — to limit pollution from oil washing off driveways or from fertilizer washing off yards, among other things. The rules could require setbacks from waterways, detention ponds to capture pollutants or silt fences to prevent construction materials or eroding soils from washing into streams.
State Rep. Patrick Rose, D-Dripping Springs, acting on behalf of Wimberley, posed the matter to the attorney general's office. An answer is unlikely to come this year, but the public comment period closes Friday. Several small cities that already have such construction rules are preparing to ask the attorney general to uphold that authority. more...
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Perry keeps Willingham memo a secret
Governor’s office has a record of using attorney-client privilege
By R.G. RATCLIFFE
AUSTIN BUREAU
Oct. 19, 2009, 9:00AM
AUSTIN – Embroiled in a national controversy over whether he allowed the execution of an innocent man, Gov. Rick Perry adamantly has refused to release an advisory memo from his general counsel about granting a 30-day reprieve for Cameron Todd Willingham.
“That information has been privileged information back when Ann Richards was the governor and George Bush was the governor, and I suggest it will be privileged information after I am the governor,” Perry told reporters last week.
Perry's office has a demonstrated record of applying the attorney-client privilege to him.
When a national news organization in 2003 asked the state archives for the execution memoranda written for former Gov. George W. Bush, there was no objection from Perry's office to the public having the information. Because of Perry's silence, Attorney General Greg Abbott ordered the documents' release.
But when the Houston Chronicle and other news organizations sought similar memos written for Perry by his general counsel, the governor's office has fought it repeatedly and obtained rulings from Abbott that the information does not have to be made public.
It is part of a pattern, a shroud of secrecy that has descended on the governor's office since Perry took over as governor from Bush.
“Taxpayers are being shortchanged when it comes to the public record for this governor,” said Keith Elkins, executive director of the Freedom of Information Foundation of Texas. “That's not what transparency is all about.” more...
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Perry Backs Arson Ruling
Governor describes executed man as 'monster' and tries to take attention off case.
Jason Embry and W. Gardner Selby
AMERICAN-STATESMAN STAFF
Thursday, October 15, 2009
After
two weeks of national scrutiny of his role in the state's 2004
execution of Cameron Todd Willingham, Gov. Rick Perry spoke Wednesday
about the case, describing Willingham as a "monster" and noting that
the courts repeatedly upheld a jury's verdict that Willingham set fire
to his house to kill his three young daughters.
Perry's comments sought to shift the debate away from his role in
shaking up the leadership of a state commission examining the case and
back onto solid ground for political candidates in Texas, which
executes more prisoners than any other state and where polls
consistently show strong support for the death penalty. more...
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Pflugerville officials to fight transparency provision
Public officials say state act violates their free speech rights.
By Suzannah Gonzales
AMERICAN-STATESMAN STAFF
Thursday, October 15, 2009
Pflugerville
council members voted unanimously Wednesday to join a lawsuit, yet to
be filed, that will claim the Texas Open Meetings Act violates their
free speech rights.
"Our lawsuit is not trying to throw out the entire Open Meetings
Act. We're only asking to declare unconstitutional the criminal
provision that says that council members can't talk to each other
except at a meeting," said Rod Ponton, who is co-counsel in the matter.
"We do believe that the First Amendment gives public officials the
right to speak to one another or the public."
The potential suit would come after a similar one was dismissed last
month by the 5th U.S. Circuit Court of Appeals in New Orleans. Texas
Attorney General Greg Abbott and others argued that the Alpine council
members who challenged the act lacked legal standing because they were
no longer in office. After the dismissal, public officials across the
state, including in Pflugerville, contacted Ponton, who is Alpine's
city attorney, and expressed interest in joining a new suit, Ponton
said. more...
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Perry stays secret on many things, including forensics files
06:35 AM CDT on Tuesday, October 13, 2009
By CHRISTY HOPPE / The Dallas Morning News
choppe@dallasnews.com
AUSTIN – Gov. Rick Perry's
refusal to release documents he reviewed in the hours before the
Cameron Todd Willingham execution is the latest fight he's waged over
records kept in his office.
Many believe he is the most secretive modern-day governor Texas has seen.
Perry has fought to keep his itinerary of upcoming meetings and
appearances from public review. No e-mail he has written has been made
public because he only uses a personal e-mail account, which he says is
not used for state business. His executive staff keeps a schedule that
destroys most of the e-mails it generates every seven days.
In the latest example, Perry has denied access to files he reviewed in
July 2004 that convinced him that Willingham was justly convicted.
Recent governors have served four or five years, and the memos of their
general counsel became public through archives. Perry has served for 10
years and is keeping his lawyer's memos over that decade closed.
"Those memos are provided by the governor's general counsel to the
governor under attorney-client privilege," press secretary Allison
Castle said.
She said she objected to any
characterization of the governor as secretive, saying, "The governor
continues to promote transparency at all levels of government." more...
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Debate over appeal in Richard Fleming case derails C-FB ISD school board meeting
10:30 PM Thu, Oct 22, 2009 | Permalink
Matt Peterson/Reporter, Carrollton Blog
For the first time in months, the dispute over new trustee Richard Fleming's residency wasn't on the agenda of tonight's school board meeting.
But that didn't prevent debate over the still-simmering legal battle from stealing the show.
Mark Gommesen, addressing trustees during the meeting's public forum, read off a litany of open-meeting statutes before suggesting that the district skipped a crucial step when its attorneys appealed last month's court ruling for Fleming, who claimed the seat last month.
"I have carefully examined the minutes of this body. I am unable to locate where this board acted to instruct legal counsel to take action in the Fifth Appellate Court," said Gommesen, whose child is a freshman at Creekview High. Under the law, he said, the board must vote in open session to file an appeal. more...
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Northwestern University: Prosecutor defends subpoena of students' notes, grades
Cook County State's Attorney Anita Alvarez says all information is relevant
By Daarel Burnette II Tribune reporter
October 20, 2009
Cook County State's Attorney Anita Alvarez defended subpoenaing Northwestern University journalism students' notes and recordings of witness interviews Monday by comparing them to investigators.
"If you're going to put yourself into the role of an investigator, then you need to turn over whatever your notes are," Alvarez said at the City Club of Chicago before giving a speech on an unrelated topic.
But attorney Richard O'Brien, who represents the university, disputed her characterization, saying the students are investigative journalists and should be protected under the Illinois Reporter's Privilege Act.
"The fact that they are investigating does not mean that they were not also journalists," he said. "They're not mutually exclusive."
The Northwestern students published a story recently that they say proves the innocence of Anthony McKinney, convicted of killing a security guard in 1978.
Alvarez had not commented for a front-page Chicago Tribune story on Monday that revealed her office's subpoena of even the students' grades.
"All information is relevant," she told reporters Monday. "There are more notes that have not been turned over. We want to make sure cases are secure and that we don't have the wrong person convicted."
Alvarez's chief of staff, Dan Kirk, said prosecutors are also attempting to determine if the students approached the story with a bias. The students could possibly be called to the witness stand, he said.
"Suppose we detect an account that said the students were guaranteed to get a higher grade if they went and located more witnesses," Kirk said. "That then threatens the integrity of the information they got from the witness because there's this incentive or this bias that exists."
O'Brien and Northwestern contend the students approached the story as objective journalists and that all their on-the-record interviews with witnesses and copies of audio and videotapes had been handed over.
"Those interviews are available on our Web site," he said. "The stuff that's directly germane to questions of guilt or innocence is already available to the state."
Northwestern, however, objects to handing over grades, class syllabuses, e-mails, grading criteria and off-the-record interviews.
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Officials learn state’s sunshine
laws
Jimmy Dagate, Assistant
District Attorney, left, speaks during an Open Meetings Seminar Thursday at the
Houma-Terrebonne Civic Center.
By Naomi King,
Staff Writer, The Houma Daily Courier
Published: Friday, September 11, 2009 at 12:32
p.m.
HOUMA — Dozens of public officials walked away from
a Thursday seminar more aware of state laws designed to ensure government
conducts business in public.
Related Links requirements so they can avoid
problems.
EXECUTIVE SESSIONS
Dagate reviewed exceptions that allow, but don’t
require, a public body to meet privately to discuss:
- Lawsuits.
- High-security emergencies.
- A person’s character, professional competence or
physical or mental health.
- Investigative proceedings regarding allegations of
misconduct.
“You are not forced to go into executive session,”
Dagate said. “Maybe we ought to think, or at least consider, ‘Should we go into
executive session? What is the real harm in discussing this matter in an open
session?’ ”
OPEN MEETINGS
Assistant District Attorney Laddie Freeman said
public boards, under the law, must:
- Give written notice at least 24 hours in advance
of any meeting.
- Post that notice on the building in which the
meeting is held or in the office of the public board holding the meeting.
- Have a quorum, or a simple majority of the public
body’s members, present for a gathering to be considered a public meeting.
Some nonprofits are subject to open meetings if they
receive public money, such as taxes or donations from local governments,
Freeman said.
While chance meetings or crawfish boils are not considered
public, Freeman advised officials to be careful not to discuss business in
detail or how they plan to vote on an upcoming issue.
PUBLIC RECORDS
Public boards and agencies are required to keep at
least three years’ worth of records, said Dave Woolridge, a Baton Rouge
attorney who represents the Louisiana Press Association.
A document — requested by phone, in person or in
writing — has to be provided immediately unless written notice is given as to
why it’s not available, Woodridge said.
Public bodies can charge for copies but cannot ask
for a fee if the request is to simply view documents. The law allows employees
a reasonable amount of time to gather the requested material, but they cannot
question why someone wants to see a public record, Woolridge said.
If a request goes unanswered for five days, the
person making it can take legal action by filing a complaint with the District
Attorney’s Offrice or state Attorney General’s Office.
Public-records laws exclude some information,
including private health data and public employees’ personal information, such
as home phone and Social Security numbers, from public scrutiny.
The law also exempts people who apply for
concealed-handgun permits. Investigative documents from law-enforcement
agencies, except for initial reports, are not considered public records until a
case is closed.
Staff
Writer Naomi King can be reached at 857-2209 or
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Self-Fulfilling Bureaucracy
Wednesday, 16 September 2009 08:50
DAN MCGRAW, Fort Worth Weekly
Over the past several months, Fort Worth
city staffers and council members have agonized over what jobs and
programs would have to be cut to balance the municipal budget. But in
at least one area, the city staff recommended expanding services - a
recommendation that might surprise many of the activists, reporters,
and ordinary citizens who have asked for access to the city's public
records through the years.
The budget approved this week will add two attorneys and one
secretary to the legal department, plus software programs to handle the
huge increase in requests for public documents the city is
experiencing. These additions will double the number of city attorneys
handling these requests, at a cost of $250,000.
Staffers say the additional people are needed to process an
increasing number of open-records requests, which have jumped from
about 550 per year in 2000 to an expected 6,000 this year - a 1200
percent increase in a decade. State law requires that agencies respond
to requests within a specific time period.
However,
others, especially local journalists, see the increase as being largely
a product of the city's own policies on handling records requests - and
fear that the new personnel will actually slow the process rather than
speeding it up. An extra layer of bureaucracy has been added to the
process in recent years with a requirement that almost all requests go
through the city secretary's office before being passed along to
individual departments. More lawyers could mean even more delays.
"What we are trying to do is make sure we keep up with the increased
demand and make sure the process gets the records into the hands of the
media and citizens in a thorough and timely manner," said city
spokesman Jason Lamers.
Lamers asked local journalists what changes might be made in the
system to make it faster and more efficient. He shared the responses
with Fort Worth Weekly, with the understanding that individuals' names not be disclosed.
The two problems reporters mentioned most often were the
requirements to file formal requests for records that used to be
provided without question and city attorneys' penchant for asking the
Texas Attorney General's office too often for rulings on what is or is
not required to be released under state open-records law.
"I believe the [city's] legal department is violating the intent of
the open-records law by constantly asking for AG opinions for the same
type of documents which they know, or should know, are public records,"
wrote a local TV news reporter.
A Fort Worth Star-Telegram reporter wrote, "I am forced to
file way too many open-records requests ... then consider myself
blessed if I actually get what I've requested by the 10th day [as
required by law]. More often, [the] city legal [department] is asking
for an AG opinion, coming up with all kinds of excuses why the
information shouldn't be released ... . This is the only city where I
feel like I'm constantly fighting this battle."
In the old days, getting public records from city government was
usually more informal. Reporters would approach a city department head
or that department's public information officer, ask for the records,
and then come down to city hall to get them. An official might ask the
journalist to send in a written request, but that was mostly to protect
officials and prove that the documents had been delivered. Handling
most requests in that way meant that the number of official
open-records requests remained low, along with the expensive
involvement of city lawyers and the state attorney general's office.
There usually was a little bargaining between the media and city
staff. State law allows some information on police reports to be
withheld from disclosure, for instance, including personal information
about victims. But the city's public information staff would work with
the reporter, often getting copies of records from which specific bits
of information had been removed, so that the rest of the document could
be released.
Now the city is more likely to seek an AG's opinion before handing
over any records. Governments across the state are doing that more and
more. According to the AG's office, it issued 2,989 open-records
rulings in 1998. This year, that number is projected to top 18,000.
The huge increase in agencies' requests for permission to deny
access to records is expensive and results in substantial delays. Under
state law, government bodies have up to 10 business days to decide to
ask for a ruling. The AG's office can take up to 45 business days to
make that ruling.
In Fort Worth, the number of open- records requests that are
reviewed by city attorney or the AG's office is increasing at an
alarming rate. In 2005, the city received 4,000 open-records requests,
and 12 percent were reviewed by the city attorneys. Of those, about 200
were sent to the attorney general's office for a ruling, according to
Lamers.
This year, of the 6,000 requests coming into the city, 30 percent -
or about 1,800 - will be reviewed by city attorneys. Lamers said the
law department estimated that 60 to 65 percent of those will be sent to
Austin for a ruling on what information the city has to release - or
about 100 a month, compared to 200 for all of 2005.
Joe Larsen, a Houston attorney specializing in First Amendment
issues and a board member of the Freedom of Information Foundation of
Texas (FOIFT), said "all kinds of games are being played" by local
governments that are "overusing" the AG's office for rulings on what
could be considered basic requests.
"The number of AG rulings is not increasing at such a fast rate
because that many more people are making requests," Larsen said. "It is
because governmental bodies are using the AG's office as a way to delay
the request. This can push the process back months, and that doesn't
need to happen."
Tom Kelley, a spokesman for Texas Attorney General Greg Abbott, said
the agency is aware of the huge increase, but there is little they can
do about it. He did not disclose how much it's costing his agency to
issue those 18,000 rulings this year.
Keith Elkins, executive director of FOIFT, said it's not clear
whether such increased delays and bureaucracy are happening in other
states. "But it is clear this overuse of the attorney general's office
is costing taxpayers a lot of money," he said. "Cities like Fort Worth
are adding to the workload of the AG's office. When you see how the
number of ruling the AG's office has to make has spiked, the abuse here
is clear."
The increasing insistence on formal treatment of open-records
requests has been a major factor in Fort Worth's workload in the past
decade. But more requests are also coming from private citizens. And
news media requests, Lamers said, have become more detailed and
time-consuming.
Fort Worth is trying to put more of its public information online.
But state law prohibits governments from just directing open-records
requesters to a web site. The city also has an outdated information
technology system, and Lamers said it is very difficult for the city to
track e-mails, for example, in response to a request.
Arlington, by comparison, has a decentralized approach to handling
open-records requests. The queries go to the individual departments,
and the city attorney's office gets involved only if a department asks
for a review, according to Arlington Assistant City Attorney Molly
Shortall.
That approach also means Arlington officials couldn't say exactly
how many requests the city received last year. But 1,400 requests were
examined by the Arlington legal department, and about 500 were sent to
the AG's office, Shortall said. That number is about half the
percentage that Fort Worth sends to Austin.
Lamers said that AG's policies contribute to the delays.
"The city is often mandated by the attorney general's office to ask
for rulings because they say we cannot use prior cases as a basis for
similar cases in the future," he said.
For this story, Lamers used the more informal approach in getting information for the Weekly.
Budget proposals, letters from the AG's office to city attorneys, and
statistics on the workload of requests from prior years were all
provided quickly and without any queries being sent to Austin.
Dealing with the AG's office was another matter. Kelley said the
agency had a recent study showing the number of open- records rulings
by year. When the Weekly asked for a copy, he said, "You'll have to file an open-records request." Still, the study was received a few days later.
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Open Meetings Law Stands in 5th Circuit
The Texas Open Meetings Act remains good law after
withstanding a constitutional challenge by former city council members
who asserted the law violated their rights to exchange e-mail messages
discussing city business in secret.
After
four years of litigation, the U.S. Court of Appeals in Dallas (5th
Cir.) dismissed the case today as moot. Although both Alpine, Texas,
councilors' terms had ended, Avinash Rangra remained an active
plaintiff in the case. Sixteen judges held Rangra lacked the proper
standing to sue.
The
only judge who dissented in the vote was Judge James L. Dennis, who
authored an earlier panel decision holding that open meetings laws must
pass a higher constitutional threshold to remain good law and that
elected officials should receive full First Amendment protection of
speech pursuant to their official duties. That panel decision was
vacated when the entire court agreed to review the case. more...
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Texas Supreme Court hears arguments on whether state employees' birth dates should be public record
11:48 AM CDT on Thursday, September 10, 2009
By TERRENCE STUTZ / The Dallas Morning News
tstutz@dallasnews.com
AUSTIN – Lawyers for the attorney general and The Dallas Morning News
urged the Texas Supreme Court Thursday to affirm lower court rulings
that found birth dates of state employees are public information and
therefore must be released.
An attorney for the state
comptroller's office, which has refused to release the information,
argued that employee birth dates are protected under common law and
should remain confidential because of the potential for identify theft. more...
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City seeks to withhold public information policy
By Sara Foley (Contact)
Monday, August 31, 2009
CORPUS CHRISTI — City officials, asked how they respond to requests for public records, have answered by withholding the answer.
On Aug. 10, the Caller-Times filed a request under the Texas Public
Information Act asking for informal policies or guidelines used when
the city fulfills requests under the act.
On Friday — 14 business days after receiving the original request — the
city sent a letter to the newspaper and the state Attorney General,
asking for permission to withhold the information on the grounds that
it is subject to attorney-client privilege.
The information withheld was communication among City Council members,
City Manager Angel Escobar and city attorneys, the letter says.
Escobar couldn’t be reached for comment. His assistant said Escobar
would need an update from the legal department before he could comment
on why the documents were withheld. City Attorney Mary Kay Fischer
couldn’t be reached Monday.
Attorney Joe Larsen, a board member of the Freedom of Information Foundation of Texas, an open government advocacy group, said more...
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More Corpus Christi craziness on public records: You won’t believe what they want to withhold now …
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I’ve
seen and heard a lot of people doing crazy things to withhold public
records, but what I read this morning may just take the cake as the
craziest one of all: A city government in Texas wants to keep
confidential — get this — its policy on public records.
The setting for this insanity, however, does not surprise me at all: Corpus Christi. more...
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Attorney General Greg Abbott Takes Legal Action to Defend Open Meetings Act
Brief argues that open meetings law furthers, rather than frustrates the First Amendment
AUSTIN – Texas Attorney General Greg Abbott today took legal
action to defend the Texas Open Meetings Act (TOMA) from a legal
challenge to its constitutionality. Former Alpine city council members
Avinash Rangra and Anna Monclova have filed a lawsuit challenging the
constitutionality of penalties that TOMA imposes on government
officials who violate open meetings laws. On September 24, Solicitor
General James Ho will defend the law during an oral argument before the
full 17-judge panel of the United States Court of Appeals for the Fifth
Circuit.
In February 2005, Rangra was indicted for violating TOMA. According to
local prosecutors, Rangra sent e-mails to a quorum of the Alpine City
Council. Because those e-mails discussed official government business,
Rangra was charged with conducting an illegal, closed meeting. The
charge were later dropped. However, Rangra and Monclova subsequently
challenged TOMA in federal court, claiming the law violates the First
Amendment. Their lawsuit sought an injunction preventing TOMA’s
enforcement. The federal district court rejected the lawsuit, but a
three-judge panel of the United States Court of Appeals for the Fifth
Circuit later sent the case back to the trial court to review TOMA
under a stricter standard of review. In response, Attorney General
Abbott asked the Fifth Circuit court to accept the case for rehearing
before the entire court.
In
a brief that was filed today, the Attorney General argues more...
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If you know of breaking news involving the Texas Public
Information or Open Meetings Acts in your area, please send a link or
information about the story to FOIFT.
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