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Florida Firm Latest Recipient of Knight FOI Fund Grant PDF Print E-mail
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Thursday, 01 April 2010 14:33

NFOIC-Knight-Fund-Bradenton-release

FOR IMMEDIATE RELEASE
CONTACT:

Charles N. Davis, National Freedom of Information Coalition, This e-mail address is being protected from spambots. You need JavaScript enabled to view it , 573.882.5736


Columbia, Mo. (April 1, 2010) — A firm representing a pair of sisters in a mobile home community in Bradenton, Florida, is the latest recipient of a Knight FOI Fund grant by the National Freedom of Information Coalition, in a case that raises some big issues about open government in small settings.

The NFOIC awarded Lewis, Longman & Walker $15,000 to help offset a portion of the mounting legal costs in a suit brought by the sisters against the Trailer Estates Park and Recreation District for what they claim is a series of violations of Florida Sunshine and Public Records laws. The District was at one time a mobile home park that converted into a Special District form of government governed by an elected nine-member Board of Trustees.

The lawsuit describes a long pattern of open meetings and public records violations, including (among others): executive committee meetings with no notice, minutes or public participation; committee meetings not noticed or without minutes taken; committee meetings held in private homes; and secret votes during committee meetings by unsigned written ballots.

It also alleges that the District failed to produce requested documents, committed unreasonable delays in producing documents, and destroyed and in other cases improperly redacted documents.

“This lawsuit is important to open government in several respects,” said Barbara Petersen, president of the Florida First Amendment Foundation. “First, it will affirm that open government is required of all local governments in Florida, including special taxing districts. Second, it will affirm that local governments cannot get round the Sunshine law by claiming that their elected officials can discuss government issues outside of public meetings based on claims that they serve in administrative capacities which require that they continually coordinate. And finally, this case will affirm that all local governments must operate in a manner that fulfills the goals of the Sunshine law not in a manner that seeks to narrowly construe the Sunshine law or create, expand, or exploit exceptions to the Sunshine law.”

The First Amendment Foundation is also exploring other opportunities to participate in this important lawsuit.

Sunshine complaints from special taxing district and community development district residents are among the most common at the First Amendment Foundation, Petersen said, adding that the case would affirm the public record law requirements that a government keep public records in public possession, in an organized fashion so that they are readily available for public inspection. Finally, the case seeks to reiterate that responses to public record requests are to be complete and timely and that requestors should not be subject to questioning, scrutiny or public humiliation for questioning the actions of their local government.

“We are grateful to receive this generous grant from the Knight FOI Fund and look forward to continued assistance from the First Amendment Foundation,” said Kevin S. Hennessy, of Lewis, Longman & Walker. “Perhaps District officials might now recognize that they are subject to Florida’s open government laws.”

For more information on the Knight FOI Fund, including the selection process for grants and how to apply, see http://www.nfoic.org/knight-foi-fund.

About the NFOIC

The National Freedom of Information Coalition is a national network of state freedom of information advocates, citizen-driven nonprofit freedom of information organizations, academic and First Amendment centers, journalistic societies and attorneys. A unit of the Missouri School of Journalism, the NFOIC is an affiliate of the Donald W. Reynolds Journalism Institute. Its mission is to foster government transparency at the state and local level. NFOIC is based at the University of Missouri, home to the nation’s oldest Freedom of Information Center. For more, visit http://www.nfoic.org/.

Last Updated on Monday, 23 August 2010 10:56
 
Tweet-tweet PDF Print E-mail
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Friday, 26 February 2010 11:14

Messaging is in the sunshine, too

Technology makes it easier than ever for public officials to slip around public records laws. With social networking, "tweets" and other new ways of communicating available, it becomes more and more difficult to enforce our state's important open-government laws, which have been around for decades to ensure transparency before "transparency" was the buzz word of the day.

Last fall, an attorney general's office responded to a practice in the Public Service Commission, where staff members were using their BlackBerry cell phones to convey instant messages that left no paper trail and thus rendering PSC decision-making suspect.

Attorney General Bill McCollum stepped up, announcing a new policy that treats text messages as public records by automatically retaining those messages that travel through a government agency's servers. He said there has been a misconception that certain instant messages traveled from device to device, meaning they might have been private, rather than server to server, meaning they are traceable.

Mr. McCollum also created the Sunshine Technology Team and charged it with exploring open government requirements as they are affected by ever-emerging technology. This week, the task force concluded its final fact-finding meeting, but it ended with a fundamental message for all people involved in public policymaking to heed: "Our main purpose is to bust the myth that these (new modes of communicating) are private communications," Deputy Attorney General Joe Jacquot told the News Service of Florida. "We need to understand it and apply Florida's open record laws to it."

States across the country are trying to keep up with social networking technology that undermines their intentions of openness. How to retrieve and archive it is a continuing challenge, but the main point is that the form of a record is not as important as the rule of law: If the message involves official business, it's a public record.

As the 2010 Legislature opens for business, the texts and tweets will be flying fast and furiously. And they're not private, regardless of how discreet and personal social-networking seems to be.

Read the complete story at tallahassee.com

 
PAT RICE: The public's right to know extends to everyone PDF Print E-mail
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Saturday, 19 September 2009 00:00

I’m a big fan of Barbara Petersen, President of the First Amendment Foundation of Florida.

She’s such an energetic champion of open government. And she’s a champion for everyone.

Some full disclosure is in order.

I’m also a member of the board of the nonprofit First Amendment Foundation, which has a singular mission of protecting your right to know what government is doing with the taxpayers’ money.

So when it comes to Barbara Petersen and the First Amendment Foundation, I’m clearly biased.

That stated, I think nearly everyone who comes into contact with Petersen leaves with the same opinion: She’s one of those people you can’t help but admire.

Last week, Petersen led a “Sunshine Seminar” at Northwest Florida State College, focused on educating citizens, government officials and journalists about Florida’s open meetings and public records laws.

In advance of the session, some online commenters found it ironic that it was held at the college, which has been at the center of the scandal surrounding state Rep. Ray Sansom, former college President James “Bob” Richburg, and developer Jay Odom. To that, I can only report that college Leadership Institute Director Julie Cotton was a great help in organizing the seminar.

Anyway, about 60 people attended. They included government officials, regular citizens and journalists.

Petersen spent the session walking the audience through the high points of Florida’s Sunshine laws. She answered a lot of questions.

Which government agencies and officials fall under the Sunshine laws? Which meetings must be open to the public? How and when should government meetings be advertised? Which records are citizens entitled to inspect? When are records exempt from inspection? Do citizens have a right to speak at meetings of government bodies? Do citizens have the right to criticize government officials at such meetings?

Petersen answered every question, sometimes with a definitive “yes” or “no” but often with some version of “that depends.”

That’s one thing I like about Petersen. She’s a strong advocate for the public’s right to know and an expert on the Sunshine laws, but she’s not a know-it-all.

Petersen is also unerringly polite. A citizen’s right to know and be heard, she noted at one point during the seminar, doesn’t mean it’s OK to be rude or otherwise uncivil.

One other thing I greatly admire about Petersen is that she’s an advocate for all citizens, regardless of personal politics.

You can be liberal or conservative, or a Republican or a Democrat, or something in between. Petersen and the First Amendment Foundation advocate on behalf of your right to know, no matter what.

The media, and the public, can learn a lot from that approach.

Earlier last week, retired ABC News journalist Ted Koppel decried the partisan journalism now practiced on cable news networks.

FOX News slants news and commentary to the right. MSNBC — and sometimes CNN — slant news and commentary to the left. Often, it’s hard to tell where reporting ends and commentary begins. Viewers increasingly select their news based on which medium supports their pre-conceived point of view, Koppel said at the Poynter Institute Center for Media Studies.

“I think we have gone totally nuts on the issue of entitlement,” said Koppel, who spent four decades as the anchor and managing editor of ABC’s “Nightline.”

“We want news that resonates our own pre-held opinions. That is the worst possible recipe for a country that prides itself in democracy.”

The proliferation of clearly partisan journalism is most likely the reason why a Pew Research Center survey released last week found that the general public has less faith in the credibility of news coverage than ever.

Petersen and the First Amendment Foundation make a good antidote to the partisan sniping that some media take part in. Petersen’s partisanship is simply on behalf of the public’s right to know, and that includes all of us.

As I stated earlier, I’m biased when it comes to Barbara Petersen, the First Amendment Foundation, and the public’s right to know.

If you’re also biased in favor of open government, here’s hoping you’ll go to floridafaf.org and find out how you can support the First Amendment Foundation.

Pat Rice is director of content for Florida Freedom Newspapers. He can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Read his blog at nwfdailynews.com.

Last Updated on Wednesday, 14 October 2009 12:44
 
Court: Alachua violated state open records law PDF Print E-mail
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Saturday, 23 January 2010 06:01

The city was obligated to provide meeting minutes to political activists, a court ruled.

A state district court ruled Thursday that the city of Alachua violated the state's public records law in 2006 by not meeting political activists Charles Grapski and Michael Canney's request for a copy of meeting minutes for the city Canvassing Board.

The minutes were from the Canvassing Board meeting of April 11, 2006, which certified the results of a disputed city election held that day.

The Alachua City Commission approved the minutes as a consent agenda item during a May 15, 2006, meeting, without making their contents available to the public.

Grapski and Canney filed a records request for a copy of the minutes before the vote to approve them occurred, but, according to the opinion from the 1st District Court of Appeals, Deputy City Clerk Alan Henderson denied the request, saying the minutes would be made available after their approval.

The city eventually provided the minutes "many months later," and a trial court ruled the case against Alachua was moot because the public records request had eventually been met before the filing of the lawsuit.

The appeals court disagreed.

"Under the present facts, the city's denial not only breached the duty to provide such records at a reasonable time and under reasonable conditions, but also contravened the purpose and mandate of the public records law," the opinion stated.

The appeals court voided the city's 2006 approval of the minutes and ordered Alachua to pay a "reasonable" amount for Grapski and Canney's attorney's fees, with the trial court determining the amount owed at a future date.

Read the complete story at gainesville.com

Last Updated on Monday, 08 February 2010 13:01