Terrell Tribune: AG rules city violated Public Information Act
By Gary Lindsley The Terrell Tribune Originally published Nov. 18, 2014 Governmental bodies throughout the country, day in and day out, violate their respective state’s open meetings and open records laws. The city of Terrell is no different, and for that matter, may not be any worse. But any way you look at it, when community members or media representatives ask governmental bodies for information, those governmental bodies may not [...]
Watler: Old-school investigative sports reporting still relevant after all these years
By Paul Watler Jackson Walker L.L.P. As a young lawyer in 1985, a case came my way that combined several passions: college football, newspaper journalism and the First Amendment. I was the associate attorney assigned to help apply legal muscle in support of our client, The Dallas Morning News. The newspaper's mission was to use open records law to pursue allegations that Southern Methodist University was illicitly paying football players – [...]
Beaumont Enterprise: City undermines public confidence in Leger shooting case
By Enterprise Editorial Staff Beaumont Enterprise Originally published Nov. 16, 2014 As Beaumont residents watch the ongoing dispute between the city government and the Leger family, they aren't seeing a public commitment to openness, accountability or community policing. Instead they are seeing a City Council and police department that are giving them reason, once again, to lose confidence in the once-troubled BPD. In response to requests for information about their actions [...]
Senate Open Government Committee hears testimony on student records
By Kelley Shannon FOI Foundation of Texas Executive Director AUSTIN _While federal law prevents a student's record from public release once the student is in college, laws are not as clear for those who applied to but did not attend the school, witnesses told the Senate Open Government Committee on Wednesday. "There is definitely a gap there," said Carol Longoria, assistant deputy to the president of the University of Texas [...]
Beaumont Enterprise Editorial: BISD superintendent search must be open, list all finalists
Editorial Staff Beaumont Enterprise Originally published Nov. 6, 2014 Many school districts in Texas will be looking for a new superintendent in the near future, and it goes without saying that all of these searches should be fully transparent. Nowhere, however, is that more important than in the Beaumont ISD. This is a school district that has undergone the ultimate act of state takeover. The new board of managers is putting [...]
On the road again: Open Government Seminar headed to Denton
AUSTIN _ The Freedom of Information Foundation of Texas is hosting an Open Government Seminar in Denton for residents throughout the Dallas-Fort Worth area featuring training in the state’s public meetings and public records laws. The non-profit FOI Foundation, partnering with Texas Attorney General Greg Abbott’s office, will offer the one-day seminar on Tuesday, Dec. 9, in Denton. It is designed for government employees, journalists and any citizens who want [...]
Amarillo Globe-News editorial on disclosing superintendent finalists: The more, the merrier
Amarillo Globe-News Originally published on Nov. 3, 2014 When voters go the polls today, there will be several races that are more or less history. These races (if that is the correct term since there is no competition) feature a lone candidate. Talk about ballot box boredom. There is a more serious issue, though, as far as how our leaders are chosen, and this has more to do with public [...]
Save or delete? Official email policies vary by state
By Jenni Bergal Stateline Originally published Oct. 30, 2014 In Pennsylvania, state agency employees’ email is purged five days after it is deleted. In New York, email is automatically discarded after 90 days unless an employee specifically tags it. And in North Carolina, executive branch email of any kind must be kept for at least five years. Every state has policies governing how long records are saved and when they [...]
Austin man acquitted in misdemeanor case stemming from photographing police
By Jazmine Ulloa Austin American-Statesman Originally published Oct. 29, 2014 In likely the most hotly contested misdemeanor trial in Austin’s recent history, a panel of five city jurors on Wednesday handed activist Antonio Buehler a legal victory, deliberating nearly six hours before acquitting him of failing to comply with the order of an officer in a controversial arrest on New Year’s Day 2012. Buehler, a 37-year-old Army veteran and outspoken [...]
Lubbock police: No more blanket policy on identifying officers in shootings
By Gabriel Monte Lubbock Avalanche-Journal Originally published Oct. 25, 2014 In an effort to protect the safety of officers and their families, Lubbock Police Department officials are moving away from a blanket policy of identifying officers involved in a shooting. Greg Stevens, Lubbock police assistant chief, said the decision was made after asking police officials from other Texas cities about their policies regarding identifying officers. “The leading answer was: We [...]
Dallas Morning News sues DA Craig Watkins over release of documents
By Sarah Mervosh The Dallas Morning News Originally published Oct. 23, 2014 The Dallas Morning News sued Dallas County District Attorney Craig Watkins on Thursday in an attempt to obtain documents about how Watkins has spent public money. The newspaper asked a state district judge to order Watkins to turn over public documents after the district attorney refused to release them in the time frame outlined by state law, according [...]
FOI experts share tips for smoother access to public information
By Kelley Shannon FOI Foundation of Texas Executive Director ST. PETERSBURG, Fla. - The National Freedom of Information Coalition Summit this week featured a discussion with journalists, attorneys and open government advocates on how to write better public information requests and how to overcome barriers to access. Participating panelists were Florida journalist Kris Hundley; Thomas Susman, director of governmental affairs for the American Bar Association; Shane Shifflett, developer of FOIA [...]
Fifty groups push Obama on FOIA legislation proposed by Cornyn, Leahy
By Mario Trujillo The Hill Originally published Oct. 23, 2014 A coalition of 50 groups urging more government transparency called on President Obama to publicly support legislation that would reform the Freedom of Information Act (FOIA) process. The conglomerate — including government watchdogs, civil liberties groups and media advocacy groups — wants a commitment that a number of reforms will remain in place after the president leaves office. "Only statutory [...]
State fights release of race records
By Jay Root Texas Tribune Originally published Oct. 22, 2014 The Texas Department of Insurance is fighting The Texas Tribune’s request for records that could shed light on why it has failed to collect racial data on injured workers, despite a 1993 law that requires it. On behalf of its Division of Workers’ Compensation, the department is citing numerous exemptions to state transparency laws and has asked Attorney General Greg [...]
Port Arthur refuses to release names of manager applicants
By Sherry Koonce Port Arthur News Originally published Oct. 22, 2014 In a move that Freedom of Information attorneys are calling “an obvious delay tactic,” or, worse yet, “a possible criminal act,” Port Arthur city officials are refusing to supply the names of candidates applying for the city manager job. On Oct. 8, The News submitted an open records request under the Texas Public Information Act for the names and [...]
Judge awards attorneys’ fees after TV station won anti-SLAPP lawsuit appeal
A Harris County judge has awarded Houston ABC affiliate KTRK-TV more than $250,000 in attorneys’ fees after the station won an appeal in an anti-SLAPP case, or anti-strategic lawsuit against public participation. Austin-based Partner Laura Prather of Haynes and Boone, LLP, and Of Counsel Catherine Robb represented KTRK in the case. “This matter is a prime example of why the anti-SLAPP statute was created - to protect the freedom of [...]
Council candidate sues Austin Bulldog claiming defamation
By Ken Martin The Austin Bulldog Originally published Oct. 15, 2014 District 6 candidate Donald Shelly “Don” Zimmerman has filed a defamation lawsuit against The Austin Bulldog, according to Courthouse News Service. The Austin Bulldog has not been served and has not seen a copy of the lawsuit, styled Don Zimmerman v. Austin Investigative Reporting Project dba The Austin Bulldog; Ken Martin Cause No. D-1-GN-14-004290. The Austin Investigative Reporting Project is a 501(c)(3) nonprofit for [...]
Police records: Are Amarilloans in the dark on crime?
By Russell Anglin and Matt Hutchison Amarillo Globe-News Originally published Oct. 11, 2014 On most days at the Amarillo Police Department, someone sifts through a maze of reports determining what the public should know about crime in the city. After the department determines what’s “newsworthy,” a summary is written about those incidents — usually 10 to 20 a week — and made available to the public. So who’s making the [...]
Accident witness: Officer threatened to take cell phone for taking photos
By Deborah McKeon Temple Daily Telegram Originally published Oct. 9, 2014 A Temple resident who witnessed an accident in which two men died on Thursday night said a Temple Police officer threatened to take his cellphone away because he was taking photographs and video. Sean Ramirez said the officer threatened to take his cellphone away if he didn’t stop taking pictures, so Ramirez said he stopped and started recording instead. [...]
Greg Abbott facing questions on open government
By Chuck Lindell Austin American-Statesman Originally published Oct. 4, 2014 Greg Abbott was the toast of open government advocates early in his 12-year tenure as attorney general, but recent decisions in favor of tighter secrecy have prompted some to re-evaluate his commitment to transparency. Since May, Abbott’s agency has reversed policy by allowing Texas to keep secret the source of its execution drugs and withhold inventory reports listing businesses that [...]