Legislative Updates with Charles Davis, May 13, 2011

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Legislative Update with Charles Davis

15 contributors

Edited for non-Twitter readability and to group like-ideas. Original comments can be found @Daviscn or #FOIAchat on Twitter

Interview and legislative update

Charles Davis is the author of Art of Access: Strategies for Acquiring Public Records and blogger at the Art of Access blog. Davis teaches access to information and media law at the University of Missouri-Columbia.

What are some of the trends you've observed this year?
This year has been a real grab bag of stuff, highlighted of course by the huge Utah saga. Utah's legislature passed draconian changes to FOI law, governor signed it, then legislature voted to repeal and start over.

We're also seeing some nice FOI reform packages this year: GA, DEL, IA...all promising bills. Wyoming has a good reform bill, as well. And let's not forget great news from NM. On digital access, the clear leader, statute-wise, now is NM.

Where do you tend to find the most abuse in your FOI requests?
The most abused provision in state FOI? Easy: pricing. It gets abused daily. In digital age, pricing is tougher than ever, as agencies vary so wildly in charges and seek to make FOI a revenue stream.

Any #FOIA tips for those just getting started?

• Getting started Tip #1: Get Thyself a Budget. FOIA the budget for your local government...a great starting point! Dave and I sort of wrote The Art of Access as an FOI starter kit... With classes and FOI, start small: budgets, salaries, breed success and get the students hooked! but truly you shouldn't have to use law to get budget.

• Get the "personal pronoun" name of the doc and it is much easier. How? Talk to the policy wonks and geeks, NOT politicos.

Are the posted budgets as detailed as those one can get from FOI request?
Budgets FOIAd can be completely different than the brochure handed out at city council...and if you get in Excel u can play [around with data].

What's a bigger problem -- misperception/lack of communication or the stinking reality of the FOI process?

• One of THE biggest issues -- really fundamental -- are attorney's fee provisions. Plaintiffs, my sense is fewer, and in some states, almost none. Some fee provisions make it almost illogical to sue for access. Bloggers, citizen journalists, of course find the lawsuit route really tough. So we need fee provisions that encourage people to exercise their legal rights to access information.

• And of course we have seen our fair share of bad exemptions, but far fewer than years past.

Are any states slow or stuck with backlogs like the feds?
My sense is that state FOI volume seldom is sufficient to produce backlog issues. Just a whole lot fewer requests per capita.

Are there any states where pension info isn't public? Pension data link: California and Other States Limit Disclosure of Fund Details.

What do you think of the changes in VT?
H. 73 is a great start in VT -- there are 260+ exemptions in VT law, so a sunset process will really help!

What did you think of NY's case on metadata must be searchable?
Metadata, etc. point to one of the new battlefields: dragging government into digital access, reforming laws that don't free format.

Last thoughts?
As for story ideas, always feel free to pillage our blog: The Art of Access blog.

Tips

• Media companies have less money to finance FOI litigation.
• Experience is best teacher. You & students make FOI requests, either fed or state, to see how process works.
• Find out who's in charge of records access & get to know them; best FOI requests are ones you don't have to make.
• I've heard in general that everyone should request a line item budget before going to an open meeting.
• I like stories from FOI requests on official travel & expenses that taxpayers pay for; so much abuse there, great records.
• One way to find out what to ask for is to get master list of forms. Sometimes it's online: http://1.usa.gov/mbC0G5

Links:

• Freedom of Information legislation
• Lawmaker calls for repeal of HB477 as Utah gets "Black Hole" award for records law.
• Public access laws change with the times, experts say at Indiana seminar
• Dataset Suggestions. Data.Oregon.gov asks the public for suggestions of what information it should be making public. "May be [the] FOIA request of [the] 21st century."
• Why Not Charge People to See Bin Laden's Death Photo?
• Lamborn on bin Laden photos: ‘A bloody mess’.

Links

• Freedom of Information legislation
• Lawmaker calls for repeal of HB477 as Utah gets "Black Hole" award for records law.
• Public access laws change with the times, experts say at Indiana seminar
• Dataset Suggestions. Data.Oregon.gov asks the public for suggestions of what information it should be making public. "May be [the] FOIA request of [the] 21st century."
• Why Not Charge People to See Bin Laden's Death Photo?
• Lamborn on bin Laden photos: ‘A bloody mess’.