Posts Tagged ‘The Associated Press’


Must read FOI stories – 6/20/14

Every week I’ll be doing a round up of the freedom of information stories around the Web. If you have an FOI story you want to share, send me an email or tweet me.

  • In the above link about the document seizure by the U.S. Marshals, the American Civil Liberties Union filed an emergency motion to try and claw back those records, but the judge dismissed it.
  • FOIA request reveals brutal photos of seals, dolphins, whales, and other sea life that were caught in California commercial fishing boats that use drift gillnets — one mile-long mesh nets that are intended to catch swordfish.
  • The Kentucky Court of Appeals has affirmed a Circuit Court decision paving the way for public access to court records related to a public official’s job performance and the contentious relationship she had with the former president of a local community college.
  • An appeals court backs a man who made an anonymous public records request. The court ruled that the city of Greenacres, Fla., could not require the man to fill out a form before obtaining the documents.
  • St. Louis police records released per a judge’s order in public records lawsuit show how vice and other drug officers scalped the scalpersFifteen police officers were either suspended and demoted or otherwise disciplined for giving St. Louis Cardinals’ championship tickets seized from scalpers to friends and family.
  • The Miami Herald questions the Department of Children & Families’ “paperless” investigation into why there were originally no records — “no reports, memos, notes, emails or smoke signals” —  of the deaths of at least 30 children who were in DCF’s active case files.
  • The Federal Bureau of Prisons is being sued for FOIA violations by Prisology, a non-profit criminal justice reform organization. They claim that the FBOP has been non-compliant with the law, which has required for decades the Bureau post online substantial information about its day-to-day decision-making.

David Schick is the summer 2014 Pulliam/Kilgore Freedom of Information intern for SPJ,  reporting and researching public records and FOI issues. Contact him at dschick@spj.org or interact on Twitter: @davidcschick

 

FOI Daily Dose: Louisiana’s public records victory points to larger abuses of the law

A panel of the 1st Circuit Court of Appeal in Baton Rouge upheld a judge’s ruling that Louisiana State University is not privy to the governor’s office public records exemption, according to The Associated Press.

LSU was using the governor’s “deliberative process” exemption to hide the names of three dozen candidates in its closed-door search for a new president. They hired former University of California-Long Beach President F. King Alexander, who started in June.

The Advocate and The Times-Picayune filed lawsuits seeking names of the other candidates. But LSU board members said keeping the names quiet allowed sitting chancellors and presidents to avoid jeopardizing their current positions.

After district judge Janice Clark ruled in April that the records are public and must be released, LSU requested the 1st Circuit Court review the decision, according to the AP. The court panel on July 19 supported Clark’s ruling.

“This is very good news, and we are thrilled,” Lori Mince, an attorney for The Advocate, told The AP.

But Mike Hasten, capital bureau chief for Gannett Louisiana newspapers, said this victory for open government advocates is only one in a long list of exemption abuses. He published an editorial in The News Star on July 20 explaining the larger problem about how LSU and other agencies are wrongfully using an exemption for the governor’s office to keep sensitive material out of public view.

Governor  Bobby Jindal backed legislation four years ago that removed a blanket exemption for the governor’s office from the public records law and replaced it with a provision called “deliberative process” that exempts “any documents or other types of communication used by the governor to make a decision,” Hasten said.

Rep. Mike Danahay, D-Sulphur, told The Advocate lawmakers never intended the “deliberative process” claim to be used beyond the governor’s office.

The exemption specifically protects materials “relating to the deliberative process of the governor.” It said: “The provisions of this Section shall not apply to any agency, office, or department transferred or placed within the office of the governor.”

But even so, agencies using the exemption attribute their decision to a 2004 court ruling from the 1st Circuit Court of Appeal that allowed the Public Service Commission to shield some records from a legislative auditor. The Advocate said this decision had nothing to do with the public records law.

“They’re doing something outside of what it was intended to do, and that needs to be addressed,” Danahay told The Advocate.

Hasten said it’s up to the public to assert the public records law and challenge agencies when they misuse it.

“Because they have not been legally challenged on that and until a court says they can’t do it, they probably will keep doing it in violation of state law,” Hastens wrote for The News Star.

An attorney for LSU told the AP that LSU will return to Clark in state district court for her decision on the damages and attorney fees.

The AP said LSU will get its chance to appeal the decision, but it’s unclear whether they will ask the Louisiana Supreme Court to review the issue.

Kara Hackett is SPJ’s Pulliam/Kilgore Freedom of Information intern, a freelance writer and a free press enthusiast. Contact her at khackett@spj.org or on Twitter: @KaraHackett.

Connect

Twitter Facebook Google Plus RSS Instagram Pinterest Pinterest LinkedIn


© Society of Professional Journalists. All rights reserved. Legal

Society of Professional Journalists
Eugene S. Pulliam National Journalism Center, 3909 N. Meridian St., Indianapolis, IN 46208
317/927-8000 | Fax: 317/920-4789 | Contact SPJ Headquarters | Employment Opportunities | Advertise with SPJ