If you're a regular reader of the comment boards on SLTRIB.com, you're probably anti-Mormon, anti-gun, want every Hispanic to return to Mexico (even if the person's family immigrated from Guatemala four generations ago), livid at the Democrats, livid at the Republicans or you just like reading all the messages from people who fall into one of these categories and wonder what bunker these crazies live in.

You've probably also seen comments like this one.

At July 29, 2008 9:10 AM , tyrannicide said...
Tribune's Bob Barr Blackout Watch: It's been 64 days since the Libertarian Party nominated Bob Barr as its presidential candidate, but the Salt Lake Tribune has yet to report this news in its print edition.

This poster has been railing on the newspaper for not reporting on Barr's candidacy. I can't speak for the entire Tribune, but I get the point. And I like the tenacity shown by "tyrannicide."

But here's the funny thing, I'm waiting on some Barr news, too. No, not in the news pages. Barr is on the list of presidential candidates who haven't responded to my inquires about stances on the Freedom of Information Act.

I'm also waiting to hear from the campaigns of John McCain, Barack Obama and Ralph Nader. The only candidate to respond has been the Chuck Baldwin campaign on the Constitution Party ticket.

McCain and Obama receive lots of press inquiries, so I'm not offended they're choosing to blow me off. Nader keeps himself busy always.

But, and "tyrannicide" should back me up on this, Barr obviously isn't busy with reporters' questions and should have replied by now.

— NC

Labels: Candidates, FOIA

Rep. Steve Urquhart has a noteworthy posting on his blog about transparency in the Legislature.

He points to the institution's wonderful website -- and it really is terrific -- with a wealth of information. It contains everything from the full text of bills to audio of floor and committee speeches to voting records. All easily searchable.

Urquhart's point is that transparency makes for better government because it opens up the process to the governed. He leaves out any mention of the deliberation and decision-making that takes place out of public earshot or cyber-viewing. But still he raises a very legitimate link between transparency and good government.

I also give Urquhart credit for honesty. He quickly admits a large hole in the website that existed until relatively recently.

"When I entered the Legislature 8 years ago, information was hidden from voters," Urquhart said. "Though the Legislature had an advanced website, the decision was purposely made to not make legislators' votes readily accessible on the site. Why not? With straight faces, legislative leaders would say, because such information, taken out of context, could confuse voters."

I remember it well. And the arguments were even more ludicrous than he suggests. Some members claimed the release of such information on the Internet could be downright dangerous.

"Sometimes too much information can be as damaging as not enough information," then-House Majority Whip David Ure said in 2001.

The Legislature's top senator was right there with him.

"I can see all kinds of problems coming out of that," then-Senate President Al Mansell said.

Democrats pushed hard for the initiative though. And when Republicans saw that it was inevitable, they took it over as their own and made it happen.

Now it's hard to imagine that tracking a lawmaker's voting record would be any more difficult than a click of the mouse. And the good thing about technology -- it will never revert to the old way.

-dh

Labels: Legislature, technology

Friday morning I spoke by telephone with Nolberto Machiche, of the media relations department for the Arizona Department of Corrections, who said he would inquire why I was prohibited from attending Addam Swapp's parole hearing in spring 2007 while the NewsHour with Jim Lehrer was permitted into the state's prisons.

In general, Machiche said, Arizona corrections allows journalists and cameras into its prisons for special projects or by special invitation when the corrections department wants to discuss "its goals."

Arizona corrections, Machiche said, invited the NewsHour so it could see some of its inmate programs.

"Every case is different," Machiche said. "Everything is a case by case kind of thing."

This contradicts what I was told in 2007. Machiche was not with the department then and pointed me to policies posted on the Arizona corrections Website.

-- nc

Labels: jail/prisons

"When information which properly belongs to the public is systematically withheld by those in power, the people soon become ignorant of their own affairs, distrustful of those who manage them, and -- eventually-- incapable of determining their own destinies."

-- Richard Nixon, 1972, presidential proclamation to strengthen the Freedom of Information Act

As you might expect, prisons are kind of particular about who they let enter. (Or let exit, for that matter.)

So there was not much recourse last year when the Arizona Department of Corrections said I could not attend the parole hearing for Adam Swapp. Swapp is remembered for the bombing of an LDS stake center in Kamas followed by a standoff during which officer Fred House was killed. Swapp has been incarcerated in Arizona so not to create a conflict for Utah law enforcement.

And that means Arizona makes the rules for Swapp, as it does for all its prisoners. I begged, pleaded and complained to attend the parole hearing, but Arizona claimed no reporters — ever — are allowed into its prisons.

So imagine my surprise Tuesday night when I was watching the NewsHour with Jim Lehrer —my favorite nightly newscast — and saw a segment on Arizona prisons. NewsHour camera crews were allowed into the prisons and even spoke with inmates. (I saw no sign of Swapp, who was denied parole and remains in Arizona.)

Maybe the wardens down south saw the light and have made a policy change in the last year. Or maybe, since the NewsHour segment was pretty good P.R. for the prison program in Arizona, the jailers found it in their hearts to make an exception. Below is an e-mail I sent asking what is up. I'll post any response I receive.

In case you're wondering, the Utah Department of Corrections, while not putting a turnstile at the front door of its prisons, allows for journalists and cameras to enter its facilities with some regulations.

-- nc

From: "Nate Carlisle"
Date: July 22, 2008 6:50:36 PM MDT
To: media@azcorrections.gov
Subject: NewHour in prison

Arizona Corrections, I'm watching the NewsHour with Jim Lehrer -- my favorite TV news program. I see it was allowed entry into AZ Corrections facilities. Yet I remember distinctly being denied access last year when a Utah inmate in your custody was up for a parole hearing.

Has there been a policy change? Can you please explain the discrepancy? Thank you.

Sincerely,
Nate Carlisle
Reporter
The Salt Lake Tribune

Labels: secrecy

A subpoena from the Davis County Attorney's office, made public today by KSL, is demanding the station turn over "edited and unedited versions of interviews with Mark Walker, Richard Ellis and Greg Curtis."

Davis County and Weber County prosecutors are handling an investigation into an allegation that Walker, a former state legislator, promised Ellis a job and a big pay increase if he would drop out of the state treasurer's race.

The interviews were conducted on June 23 on the Doug Wright radio program and on July 10 by TV reporter Richard Piatt.

We at The Vault will be closely watching the case, as a government request for TV and radio out-takes is generally considered akin to asking for a print reporter's notes.

-- mdl

Labels: Candidates, Crime, KSL, secrecy

Salt Lake County's premier cultural-arts venues may be missing west-siders on their governing boards, but - with a few exceptions - they aren't missing the transparency that comes with receiving public funds.

The Salt Lake Tribune urged nine of the valley's largest arts and entertainment venues this summer to provide the names and home ZIP codes of all of its board members as part of an investigation into the geographic diversity of their leadership.

Hale Centre Theatre got an A+ for transparency, turning over the requested information - plus some - in less than 24 hours with the disclaimer that it gladly would provide more data if needed.

The Utah Symphony/Utah Opera, on the other hand, flunked. The organization's PR guru directed the Tribune to a Web site containing a board roster. But symphony/opera officials repeatedly refused to provide information about their board members' hometowns or even contact numbers so the paper could request the ZIP code from individual members.

But the symphony/opera's secrecy was uncommon among the valley's cultural-arts attractions. Pioneer Theatre, Discovery Gateway and Hogle Zoo all compiled the information within a day or two.

Salt Lake County government was more resistant. Officials provided a board roster for the county-owned Wheeler Farm, Equestrian Center, Center for the Arts and Clark Planetarium, but refused to provide any personal information about those volunteers (including ZIP codes or contact numbers).

The county complied only after the paper appealed directory to County Mayor Peter Corroon, who - with a nod from the District Attorney's Office - directed his staff to release the information.

The Tribune released its analysis of that data Monday, showing that the valley's arts and entertainment community is led overwhelmingly by Salt Lake County's east-siders.

- js

Any half-ass reporter can tell you what the major-party presidential candidates say about a topic. Let's get to the other guys.

Here's what Chuck Baldwin, the Constitution Party candidate for president, says about the Freedom of Information Act.

From: mary@baldwin2008.com
Subject: Chuck Baldwin on FOIA
Date: July 14, 2008 4:53:30 PM MDT
To: ncarlisle@sltrib.com

Nate,

Chuck Baldwin strongly believes government should be transparent and devoid of secrecy, except in matters concerning bona fide national security issues. Never having filed a FOIA request, Baldwin maintains Americans who do seek information from government records and departments have the right to expect information in a reasonable amount of time.

Baldwin believes that excessive secrecy is not beneficial for the country and it encourages deceit. Chuck Baldwin would work to make the FOIA less cumbersome, with elected officials and governmental agencies acknowledging that they operate as employees of the American people and have no overiding right to hide matters relating to the operation of their governmental offices.

With estimates showing that upwards of 400,000* new secrets are created each year just at the TOP SECRET level, and estimates that the government has billions of pages of classified material, Baldwin espouses accountability that can only be achieved when government knows it cannot hide behind “classified” documents.

If you'd like any further clarification, let me know.

Sincerely,
Mary Starrett

Baldwin 2008

* This footnote is mine. That figure originated with a report from the Information Security Oversight Office for the year 1995.

Meanwhile, I'm still waiting for the McCain and Obama campaigns to reply to my requests to give or clarify their positions on FOIA.

--nc

Labels: Candidates, FOIA

In March of 2005, I wrote the Defense Department seeking records related to policies for preventing and investigating suicides among military personnel.

The DoD responded that it didn't keep such records, but that individual service branches might. It sent my request on to the Army, Navy, Air Force and Marines.

About six months later, I received a small stack of documents responsive to my request from the Army.

A year later, I received some records from the Air Force.

I never heard back from any of the other services.

Today, I got a letter from the Pentagon, letting me know that the file related to my request was being closed.

Apparently, the Navy and Marines don't have any policies for the prevention and investigation of suicides.

--mdl

Labels: DOD

Monday was rough for public disclosure in Utah.

First, a judge excluded reporters from a court hearing discussing a buyout involving Usana Health Sciences Inc. (Maybe there's something in the water at Utah courthouses.)

Then we heard about a lawsuit filed by the city of Murray. The city does not want to disclose the names of disciplined police officer, even though there is a state statute specifically saying it must.

63G-2-301. Records that must be disclosed...
...(o) records that would disclose information relating to formal charges or disciplinary actions against a past or present governmental entity employee if:
(i) the disciplinary action has been completed and all time periods for administrative appeal have expired; and
...(ii) the charges on which the disciplinary action was based were sustained;

This strategy sure worked great for Sandy.

-- nc

Labels: GRAMA, Sandy, secrecy

Of the two major presidential candidates, Barack Obama is the only one for whom I can find a position paper on the Freedom of Information Act and open government issues.

The paper, which you can find here, offers the following on FOIA.

...Barack Obama would restore the tradition of free information by issuing an Executive Order that information should be released unless an agency reasonably foresees harm to a protected interest.

Well, OK. But agencies are already supposed to release information unless it falls under numerous exemptions. Obama's position paper does not define a "protected interest."

Shortly after the Sept. 11 attacks, then-U.S. Attorney General John Ashcroft issued a memorandum that seemed to expand what one would call a "protected interest." The memo has been much maligned in the FOI world while some have said the directives are necessary to maintain national security. Would Obama rescind the memo?

On Thursday, I sent this e-mail to the Obama campaign.

I have read the Senator's position paper on the Freedom of Information Act. Can you please tell me what the candidate considers a "protected interest." Would he rescind the John Ashcroft memo restricting documents under FOIA?

Also, has Senator Obama ever filed a request under the Freedom of Information Act or a state record law? If so, what was the senator's experience?

I am not working on a deadline but would appreciate a response in the next week. Thank you.

I asked whether Obama has made FOI requests because . . . well, I just couldn't resist. I'll let you know what he says.

-- nc

Labels: Candidates, FOIA

The Salt Lake Tribune won a GRAMA case against the Public Service Commission this week over release of customer names, addresses and phone numbers in complaints filed against utilities.

The state Records Committee on July 10 voted 4-1 to order the release of the information -- in this case contained in complaints filed against Questar.

An attorney for the PSC argued that because GRAMA makes the home phone numbers and addresses of state employees, former state employees and applicants for state jobs private -- as well as addresses and numbers of people required by law to provide the information to government -- the classification applied to all home numbers and addresses contained in government documents.

He lost that argument, although he declined to speculate after the hearing whether the PSC would appeal to district court.

The attorney kept hammering the point before the Records Committee that any time GRAMA referred to home addresses and home phone numbers it did so by way of declaring that information non-public. But that argument is flawed, going against the old saying that the "exception proves the rule."

The attorney overlooked or ignored one of the key provisions of GRAMA -- 63-2-201(2) -- that states "all records are public unless otherwise expressly provided by statute."

It's a good cite to remember.

The PSC attorney also brought up the recent Supreme Court ruling see my earlier post here to bolster his argument that names could be withheld to protect privacy. But he missed the main point of the ruling, which is great for open-records advocates. That is that the "private" designation applies to information that, if released, would result in a "clearly unwarranted invasion of privacy." Often there are legitimate reasons for requesting release of records that may violate privacy, rendering it a "warranted" invasion and therefore public under GRAMA.


-- dh

This blog item caught my eye.

Bloggers' challenge: Why is Cache Valley so crime-free?

The Herald Journal in Logan asked the question, though it also seemed to be making a statement. I wondered how the newspaper came to that conclusion. I did some checking.

Both the state of Utah and the U.S. Department of Justice collect crime statistics and publish them. They do that so citizens can judge for themselves how safe their communities are.

Every police agency in the United States is supposed to follow guidelines for how to categorize and report crime but there can still be some variation in the quality of the reporting. For the purposes of this discussion, let's assume everyone reported crime the same way. Then let's consider the "Cache Valley" to be Cache County and compare it to other Utah counties.

County Population Crime Rate/1,000
San Juan County| 14,265 | 6.38
Emery CO SO | 10,698 | 10.75
Sanpete County| 24,196| 10.79
Juab County | 9,420| 11.04
Wasatch County| 20,255| 12.15
Daggett CO SO| 947| 13.73
Beaver County| 6,294| 13.82
Kane County| 6,532 | 15
Washington County| 126,312| 17.9
Cache County| 98,662| 19.41
Uintah County| 27,955| 22.07
Davis County | 276,259| 23.16
Box Elder County | 47,197| 23.37
Duchesne County | 15,701| 23.63
Rich CO SO | 2,040| 25
Utah County| 464,760| 25.82
Millard CO SO | 12,390| 25.91
Iron County | 40,544| 26.79
Sevier County | 19,640| 29.79
Carbon County | 19,469| 32.72
Summit County | 35,469| 34.45
Grand County| 8,999| 36
STATE TOTAL | 2,550,063 | 36.72
Weber County | 213,247| 44.64
Salt Lake County| 978,701| 53.78
Wayne CO SO | 2,544| 62.89

Nine other counties in the state reported lower crime rates than Cache County in 2006 — the last year for which there is complete data. (Morgan and Piute counties did not report complete data.) That neither proves nor disproves the newspaper's question, but at least you have some context.

Here's the complete report from the state of Utah. Below is a spreadsheet I created from the 2006 data compiled by the state.

-- nc

The badge and logo is from the Cache County Sheriff's Web page. I posted it only because I think mounted posses are cool.

UtahCrime2006

Labels: Crime, FBI

From the Coalition of Journalists for Open Government:

A just completed study by the Coalition of Journalists for Open Government shows that federal departments and agencies made little progress in responding to Freedom of Information Act requests, despite a two-year-old presidential directive to improve service. The report, “An Opportunity Lost”, says agencies cut staff and FOIA spending in 2007 and as a result failed to take advantage of a sharp fall off in FOIA requests to make significant reductions in the backlog of unprocessed requests.

For the report and more, go to www.cjog.net.

Labels: FOIA

The link from Utah Attorney General Mark Shurtleff's page to Utah's Government Records Access and Management law is dead.

Shurtleff, you might recall, has in the past made a big deal out of promoting GRAMA, so we assume he's watching this blog closely and the link will be up and running soon.

-mdl

Labels: GRAMA

Twice this week, Tribune justice reporters had problems obtaining the most basic information about a victim: a name.

These weren't any victims. They were children. The respective police agencies thought that meant they should not just give out the information.

In the first case, a 17-year-old girl died in an ATV crash in Sanpete County. The sheriff's office declined to release her name and suggested we watch the obituaries. A central Utah radio station reported the name and I confirmed it with a telephone call to the teenager's family.


The second case was a 17-month-old girl who drowned in Sugar House Park. Salt Lake City police declined to give us the girl's name over the telephone, as they do most adult victims, and suggested we file an open-records request. I then spoke with an attorney for the city who told me I should file a record request when it's suggested I do so, but read me the name in this instance.


Government agencies are reluctant to discuss children, and I understand why. It's human nature to protect kids. Lawmakers in Utah and most states have codified the instinct by closing to the public documents in child welfare matters and some juvenile court cases. News outlets are protective, too. The Tribune typically does not name child victims or even criminal suspects who are children as the newspaper would adults.

But it's a different matter when a child dies. Utah law does not require a dead child name's be kept secret. Neither does federal law.

In 2006, the National Park Service refused to release the names of child drowning victims on Lake Powell. The Tribune made administrative appeals and it resulted in the Park Service making agency-wide regulations requiring name disclosure.


************************

And now some easy news

A few weeks ago, I wrote the city governments of Salt Lake City, Ogden, Logan, Orem, Provo, Cedar City and St. George and asked for any audits, conducted within the last two years, on their respective fire and police departments.

The requests were answered on time with the cities providing me the documents or telling me where I could find them. Yeah, so I didn't exactly ask for the Pentagon Papers, but with that many towns, I figured there would be one holdout and there was not.

-- nc

Labels: FOIA, GRAMA, secrecy, SLC