Freedom of Information News

Former Lt Governor says "Don't Mess With Open Meetings" law

Fri, 27 Nov 2009 13:04:00 EST

Governor Bill Hobby weighs in on efforts to challenge Texas Open Meetings Act

Governor Perry's trip to Israel in question

Mon, 23 Nov 2009 23:54:00 EST

The city of Jerusalem is one of the oldest cities in the world and it has a new defender: Texas Governor Rick Perry. In August, Perry was given the "Defender of Jerusalem" award. So Perry and his wife flew first class to Israel at more than $5,000 per ticket (courtesy KTVT: see photo on left, Texas Governor Rick Perry and Guma Aguiar). The governor's security detail of four Department of Public Safety (DPS) officers was also along for the trip. They all took the 7,000 mile journey to accept the award at a time when the governor was asking everyone else in state government to cut back on travel. During a speech in Houston, Perry directed state agencies to "curtail taxpayer funded travel."

There's a BUZZ in Texas about efforts to weaken the Open Meetings Act

Mon, 23 Nov 2009 18:39:00 EST

" The Freedom of Information Foundation of Texas is working with Fred Hartman, and others, to make sure the Texas Open Meetings Act is not weakened by those who would prefer to open the door to back room deals being cut outside of public view in the dark."

Abilene council tables joining open meetings act challenge

Thu, 19 Nov 2009 16:10:00 EST

The Abilene City Council voted 4-3 this morning to table a request to join three other cities in an upcoming lawsuit challenge of the Texas Open Meetings Act. The council was asked whether it agrees with lawsuit proponents that the act�s criminal provisions are too harsh and should be declared unconstitutional or with those who believe it has worked well, isn�t broke, and there isn�t any need to fix it. The issue is important enough that Keith Elkins, executive director of the Freedom of Information Foundation of Texas, held a news conference Wednesday outside City Hall and spoke at this morning�s meeting.

Would open meetings challenge make government less transparent?

Wed, 18 Nov 2009 17:06:00 EST

The executive director of the Freedom of Information Foundation said today that a proposed lawsuit challenging the Texas Open Meetings Act would make government less transparent. Keith Elkins said he doesn�t understand why public officials would want to change the act. �There�s nothing to fear if you�re doing business out in the open,� Elkins said. This, however, hasn�t stopped the city of Abilene � and its City Council � from considering joining a soon-to-be-filed lawsuit that will contend council members� free speech rights and those of elected officials elsewhere are being violated by the Open Meetings Act.

Texas governor�s office should release the Willingham clemency report

Wed, 18 Nov 2009 09:41:00 EST

The Texas Public Information Act contains straightforward procedures. When a member of the public requests public information from a public agency, the documents must be provided "promptly." If officials believe that the information is not public, the agency has 10 business days to ask the Texas attorney general whether it must be disclosed. The agency must also tell the requester what�s being withheld and that an AG�s opinion is being sought. Texas Gov. Rick Perry and his staff must know this; the Public Information Act is neither new nor foreign to the governor�s office. A 288-page handbook on the law is available on the Texas attorney general�s Web site, and his staff operates a hot line for questions about compliance. But when a Houston Chronicle reporter asked for a comprehensive set of documents about the 2004 execution of Cameron Todd Willingham, Perry�s staff left out the clemency report he had reviewed before denying a 30-day reprieve.

Abilene to consider free speech lawsuit

Wed, 18 Nov 2009 09:39:00 EST

Abilene City Attorney Dan Santee says the city supports media efforts to disseminate information to the public, noting the Texas Open Meetings Act and Public Information Act are �critical to achieving that goal.� �I believe both my job and your job would be far more challenging if the public did not have a right to know what their government is doing,� Santee said Monday. However, as Texas is one of six states that use the threat of criminal prosecution against public officials governed by the open meetings statute, Santee said, �Our laws can actually have a chilling effect on the interaction between public officials and between public officials and the citizens they represent.�

Reporter-News Editorial: Lawsuit aims to gut Open Meetings Act

Wed, 18 Nov 2009 09:38:00 EST

On Thursday the Abilene City Council will consider joining a lawsuit with a small handful of other Texas cities that, if successful, could result in the erosion of open government as we know it. Open government is fundamental to our democratic system, and essential for elected officials to be responsible and accountable to the people they serve. Otherwise, politicians would be able to conduct business in secret and our government would be more rife with corruption, cronyism and scandals. Yet, the Texas Municipal League, a lobbying organization funded by taxpayer dollars from its 1,100 member cities, is continually trying to chip away at the public�s right to know. On Oct. 23, TML passed a resolution offered by the City of Sugar Land that seeks to pass a law that provides �less restrictive penalties that balance the First Amendment right of government officials� who violate the Texas Open Meetings Act. Simply put, they want to take the teeth out of the Open Meetings Act and make it ineffective.

NTTA already accountable

Wed, 18 Nov 2009 08:32:00 EST

The North Texas Tollway Authority acknowledges the concerns you outlined. However, your recommendations for oversight are inappropriate. The NTTA has several layers of accountability, including a board of directors, the Texas Legislature, internal and external auditors, the general public through the Texas Public Information Act and open meetings laws, as well as member counties. We've already implemented improvements to better serve the region.

Mayor: Move Public Comments Down

Wed, 18 Nov 2009 08:39:00 EST

Mayor Pat M. Ahumada Jr. will propose moving the public comment period to the end of City Commission meeting agendas at today�s commission meeting. Ahumada says that comments from some residents during the session are "negative and disruptive,"

Perry�s 2009 travel records scrutinized

Mon, 16 Nov 2009 14:13:00 EST

AUSTIN � Republican Gov. Rick Perry, seeking re-election with a down-home Texas message, took on the role of world traveler this year, making a dozen cross-country or international trips and ringing up tens of thousands of dollars in taxpayer-funded security costs. Perry�s travels � a meeting with...

Behind Closed Doors

Fri, 13 Nov 2009 10:36:00 EST

The Texas Forensic Science Commission newly appointed Chairman, John Bradley, tries to make a case of why the Texas Forensic Science Commission should be allowed to meet in private. But not everyone is buying it.

Academy can't let its honor standards erode

Wed, 11 Nov 2009 10:41:00 EST

The Naval Academy hews to high standards in a world in which standards are constantly being diluted. It insists on personal accountability in an era in which individuals are allowed - almost encouraged - to blame others for their failures. It inculcates leadership in a society that sometimes seems obsessed with followership.

Feds Charge $522K for FOIA Request

Wed, 11 Nov 2009 10:32:00 EST

The Treasury Department wants more than $500,000 to comply with a Freedom of Information Act request, a fee an attorney on the case suggested Tuesday might be one of the largest bills of its kind. �I have not seen one that has been larger,� said Noah Wood, a Missouri attorney suing the government to comply with his nearly four-year-old FOIA request. The Treasury Department, Wood said, is �downright telling us where we can stick it.� Wood wants the government to produce documents he hopes show where are perhaps millions of dollars of once-frozen assets of a former Libyan-backed company in the United States, which Wood says owes his law firm legal fees. To that end, he is suing the government (.pdf) to comply with the FOIA request and to reduce the bill.

What Price Information? Try $7 million

Wed, 11 Nov 2009 10:32:00 EST

$6,876,303.90, to be exact. That's what the Michigan Department of State Police is charging for�documents that�I requested via the Freedom of Information Act regarding the state's handling of federal homeland security grant money from 2002 to present (see image at right). This is definitely a record for Mackinac Center FOIA requests. In fact, this may be a record for any FOIA request. Even the $3,438,151.95 down payment seems likely to be a speck above the average FOIA asking price.

Dallas-based non-profit says state agency refuses to make community drug use data available online

Tue, 10 Nov 2009 14:38:00 EST

DALLAS � Craig Johnson, executive director of the drug prevention nonprofit ProtectYouth.org, called on Commissioner David Lakey of the Texas Department of State Health Services (DSHS) to authorize the publishing of local school district results from the Texas School Survey on Drug and Alcohol Use to a document-sharing website Scribd.com and link the reports to their state website. In an October 30th email refusing Johnson's request, DSHS General Counsel Lisa Hernandez stated on behalf of Commissioner David Lakey: While the Department is required to maintain drug use trends among youth in Texas, the State Wide Survey Report is maintained on the DSHS public web-site. The department will not be publishing the Part I District Surveys, Part III Executive Summaries and the Methodology and Validity Analysis reports on the Scribd.com web-site you proposed. This web-site is not approved by the Department of Information Resources, which mandates what state agency information technology commodities can be used.

Texas autopsy center subject to open records laws?

Tue, 10 Nov 2009 11:26:00 EST

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.

Obama Failing in Transparency

Mon, 09 Nov 2009 10:00:00 EST

It was this time last year when Barack Obama, then our president-elect, pledged to bring more openness to the White House, the likes of which had not been seen in the Bush Administration. The Obama transition team was still flying on voter-powered momentum when it promised "cutting-edge technologies" to create "a new level of transparency, accountability and participation for America's citizens." There were great-sounding details about independent oversight of governmental bodies and new light shed on pork-barrel spending projects. No more would Americans have to tolerate a government that hid things. One year later, the see-through glass of the White House appears to be all fogged up. Obama promised to throw wide open the information on anyone that could be construed as influence-peddling, like federal contractors and corporations getting tax breaks. That seems curiously incongruous to his staunch refusal to release documents identifying the lobbyists who fought to protect the telephone companies that cooperated with President Bush's warrantless wiretapping program. That's the kind of information the Obama of 2008 would have loved to make public.

Texas forensic science agency's new chief calls for changes as arson inquiry continues

Mon, 09 Nov 2009 10:46:00 EST

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.

Rockport council against criminal provisions in law

Mon, 09 Nov 2009 10:45:00 EST

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.

Tarleton told of $137,500 fine for inaccurate crime reporting

Fri, 06 Nov 2009 18:02:00 EST

Tarleton State University's failure to disclose information about campus burglaries and drug and sex offenses has prompted the U.S. Department of Education to propose a $137,500 fine for violating The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. It is believed to be the first fine levied against a Texas university under the Clery Act. In a prepared statement released this week, the university said it had "recognized that unintentional mistakes had been made in its reporting under the Clery Act." The Clery Act is a federal law that requires universities to annually disclose information about serious crimes, such as murder, robbery, sex offenses and burglary. A Department of Education report, released following a request by The J-TAC under the Texas Public Information Act, states that Tarleton underreported the number of forcible sex offenses, drug law violations and burglaries between 2003 and 2005. Tarleton's spokeswoman Liza Benedict said the university is appealing the fine. "We are going to dispute � and appeal because we feel [Tarleton officials and police personnel] had incomplete knowledge of the Clery Act," Benedict said.

TWDB hears latest round in regional water spat

Fri, 06 Nov 2009 18:02:00 EST

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.

Fired Up: Changes Sought for Texas Forensic Science Commission

Fri, 06 Nov 2009 18:01:00 EST

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.

County judge drops demand for news entities� notes

Fri, 06 Nov 2009 18:01:00 EST

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.

Senate committee should approve Free Flow of Information Act

Thu, 05 Nov 2009 15:20:00 EST

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.

Firm: Texas A&M Facility Wasn't Built To Code

Wed, 04 Nov 2009 18:04:00 EST

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.

US Supreme Court says child sex documents must be shown

Wed, 04 Nov 2009 16:22:00 EST

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.

Our Opinion: Journalism program depends on freedom

Wed, 04 Nov 2009 16:22:00 EST

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.

U.S. courts weigh challenges to wording of pledge of allegiance

Wed, 04 Nov 2009 16:21:00 EST

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.

Senate, White House agree on reporter protection

Wed, 04 Nov 2009 16:21:00 EST

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.

SPJ and health journalists urge FDA to stop impeding journalists� interviews

Wed, 04 Nov 2009 16:20:00 EST

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.

Perry's Secret Jerusalem Trip Raises Questions

Mon, 02 Nov 2009 13:31:00 EST

Recently KTVT news in DFW covered a trip taken by Governor Perry costing upwards of $70,000 of taxpayer money at the same time he calls upon those same taxpayers to cut their own travel spending.

Video of Michael Hall's exclusive interview with Ernest Willis

Wed, 28 Oct 2009 11:19:00 EST

Video was done by Texas Monthly and the interviewer was Michael Hall. The original video can be seen on their site here.

If you want to learn more about this controversy, view our breaking news page here, and discuss Governor Perry's refusal to divulge information on this execution on our forums here.

Chronicle sues Perry over clemency report

Wed, 28 Oct 2009 11:18:00 EST

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.

Sidley Helps Northwestern Journalism Students in Spat with Prosecutors

Wed, 28 Oct 2009 11:18:00 EST

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.

Freedom of Information: Stalled at CDC and D.C. Government

Wed, 28 Oct 2009 11:17:00 EST

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.

Prosecutors Turn Tables on Student Journalists

Wed, 28 Oct 2009 11:17:00 EST

By MONICA DAVEY, New York Times Published: October 24, 2009 EVANSTON, Ill. � For more than a decade, classes of students at Northwestern University�s journalism school have been scrutinizing the work of prosecutors and the police. The investigations into old crimes, as part of the Medill Innocence Project, have helped lead to the release of 11 inmates, the project�s director says, and an Illinois governor once cited those wrongful convictions as he announced he was commuting the sentences of everyone on death row. But as the Medill Innocence Project is raising concerns about another case, that of a man convicted in a murder 31 years ago, a hearing has been scheduled next month in Cook County Circuit Court on an unusual request: Local prosecutors have subpoenaed the grades, grading criteria, class syllabus, expense reports and e-mail messages of the journalism students themselves. The prosecutors, it seems, wish to scrutinize the methods of the students this time. The university is fighting the subpoenas.

Small Group Now Leads Closed Negotiations on Health-Care Bill

Wed, 28 Oct 2009 11:17:00 EST

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.

Freeport agenda not clear enough, DA cautions

Wed, 28 Oct 2009 11:16:00 EST

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.�

Privacy advocate gains support in fight to keep Social Security numbers on Web site

Wed, 28 Oct 2009 11:16:00 EST

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."

White House "Ordered" Lawmakers to Amend FOIA in Order to Conceal Torture Photos

Tue, 20 Oct 2009 15:33:00 EST

Rep. Louise Slaughter (D-New York) said in a floor statement that the provision to amend the Freedom of Information Act was stripped from an earlier version of the bill, but the language was quietly reinserted in recent weeks, "apparently under direct orders from the administration." The Obama administration will likely drop its Supreme Court petition challenging the release of photographs showing US soldiers abusing prisoners in Iraq and Afghanistan now that lawmakers are set to pass legislation authorizing the government to continue to keep the images under wraps. On Thursday, the House approved a Department of Homeland Security spending bill that included a provision to amend the Freedom of Information Act (FOIA) and grant Defense Secretary Robert Gates the authority to withhold "protected documents" that, if released, would endanger the lives of US soldiers or government employees deployed outside of the country. According to the bill, the phrase "protected documents" refers to photographs taken between September 11, 2001 and January 22, 2009, and involves "the treatment of individuals engaged, captured or detained" in the so-called "war on terror." Photographs that Gates determines would endanger troops and government employees could be withheld for three years.

School board must be sure to follow the law

Tue, 20 Oct 2009 15:32:00 EST

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.

Did Nolanville throw out the rule book?

Tue, 20 Oct 2009 15:32:00 EST

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.

Experts: London School Failing in Transparency

Tue, 20 Oct 2009 15:31:00 EST

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.

Wimberley asks for attorney general's opinion on water protection powers

Mon, 19 Oct 2009 12:39:00 EST

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

Perry keeps Willingham memo a secret

Mon, 19 Oct 2009 12:34:00 EST

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.�

Perry Backs Arson Ruling

Mon, 19 Oct 2009 12:33:00 EST

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.

Pflugerville officials to fight transparency provision

Thu, 15 Oct 2009 15:11:00 EST

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."

Open meetings law stands in 5th Cir.

Thu, 10 Sep 2009 21:40:00 EST

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.

Texas Supreme Court hears arguments on whether state employees' birth dates should be public record

Thu, 10 Sep 2009 15:09:00 EST

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

Attorney General Greg Abbott Takes Legal Action to Defend Open Meetings Act

Tue, 08 Sep 2009 15:14:00 EST

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.

More Corpus Christi craziness on public records: You won�t believe what they want to withhold now

Tue, 08 Sep 2009 15:14:00 EST

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.

City seeks to withhold public information policy

Tue, 08 Sep 2009 15:13:00 EST

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