The Salt Lake Tribune
Wednesday, February 25, 2009
H.B. 122 takes a turn...
From our woman on The Hill, Cathy McKitrick:

A bill that would restrict public access to some government records, cleared the Senate Government Operations Committee on Tuesday after significant changes were made.
"The measure originally sought to prevent the balancing test" weighing public access vs. privacy interests, said Jeff Hunt, an attorney representing the Utah Media Coalition. The coalition initially opposed HB122, which is sponsored by Rep. Douglas Aagard, R-Kaysville, and backed by state Attorney General Mark Shurtleff.
When a government record is classified as protected or private, someone can argue that the public benefit of disclosing the information outweighs the need for privacy.
After reaching consensus on new language for the bill Monday, Hunt said he is on board with what he views as a fair compromise.
"We had frank discussions that went clear into the night," Hunt said, crediting Shurtleff for hearing the concerns of media and other public interest groups.
The new version of the bill requires that only one category require clear and convincing evidence for disclosure -- namely, records that would jeopardize the life and safety of an individual.
"We feel this compromise gives protection in investigations where a life could be at stake," Shurtleff told committee members Tuesday.
For seven other categories, the requestor would have to prove by a preponderance of the evidence -- or slightly more than 50 percent -- that the records should be made public, Shurtleff said.
The measure moves to the full Senate for further consideration.

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Monday, February 23, 2009
The bad week that was


Thank God it's Monday. You don't hear that often, but after everything that happened to me last week on the records front, I want a fresh start.

I confess I don't like House Bill 122, though I'm trying to remember the arguments in favor of it. The bill passed the House last week, but it's still just a problem for another day.

Last week, I received word from the Ogden Records Board that it denied my appeal for certain employment records related to former police officer Ken Hammond. Ogden does not subscribe to the State Records Committee appeal system, so The Tribune has to file suit against the city if it wants to pursue this further. My bosses have not given me an indication the newspaper will do that.

The board's denial, a copy of which is attached below, probably ensures the pending criminal and civil court cases against Hammond will be the only vehicles for learning details of his time on the police force.

To ensure I would be beaten down by three levels of government, the feds sought to crush my spirits, too. The Mine Safety and Health Administration sent me a copy of a 2001 report about the Martin County Coal impoundment failure, which was one of my first FOIA requests to Obama Administration. The problem is: I asked for the 2003 report — which the government (now under two presidents) has been withholding from release.

And I'm not the only who had problems last week. Check out this article about meetings in Highland. In my experience, when one member of a governing body complains about transparency issues with the rest of the board, there's some kind of problem.

— NC

OgdenRecordsReviewBoardDecision.pdf

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Sunday, February 22, 2009
Pretty shiny things
There are plenty of pretty shiny things to be found in Wikileaks' latest treasure trove -- a Congressional Research Service archive of nearly 7,000 nifty reports.

The reports aren't classified, but the CRS will only release the reports -- on everything from military machinery to agricultural subsidies -- to members of Congress. Those members sometimes make the reports available for public consumption, but until this month most collections of CRS reports were piecemeal, including only a few hundred reports.

Utah doesn't appear to get much attention from the CRS, however. Only one of the reports names the Beehive State in its title: "Utah Emergency Management and Homeland Security Statutory Authorities Summarized" -- and that study is as boring as its label suggests. It's basically just a handy-to-have list of statutes detailing who does what if Putin rears his ugly head and invades Salt Lake City.

Of perhaps greater interest to the open-government sickos who read this blog (OK, that would be the open government sickos who write this blog) is a report from last year on the status of FOIA and the efforts by the 109th and 110th Congresses to make it better (or worse, depending on how you look at the world.)

The full archive can be found here.
mdl

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Friday, February 20, 2009
H.B. 122 heating up

The legislation which would limit access to some public records has passed the Utah House and that's intensifying opponents.

Joel Campbell, an assistant professor of communications at BYU, sent an e-mail to journalists on Thursday asking for them to get loud and organized. Maybe Campbell was inspired by some fishermen.

The Spectrum in St. George published an editorial Thursday opposing the bill. Other Utah newspapers have published similar editorials.

The attorney general's office, which is backing the bill, says House Bill 122 will preserve attorney work product and protect criminal investigations.

An excerpt of Campbell's e-mail and his talking points are below.

— NC


Dear Friends of Open Government

You can make a difference by making a call or writing something today. Its (sic) time to alert everyone we know, citizens, journalists and officials about HB122, sponsored by Rep. Doug Aagard, R-Kaysville.

HB122 passed the House yesterday. We need to contact Senators. I have attached new talking points that address the bill as amended in the House. Please editorialize on it, blog about it, facebook it, twitter it and distribute widely and, most importantly, call, fax or write your senator! We should also call and write Mark Shurtleff, whose office is pushing this bill and ask the Governor to veto this bill if it comes to his desk. We are going to lose this one if we don't start communicating our concerns to senators.


H.B.122.Talking.Points.02.18.09.pdf

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Thursday, February 19, 2009
Change has come to... wait... hold the phone
Think the Obama Administration is going to arbitrarily let go of eight years of secrecy and executive power grabbing?

Wake up and smell the FOIAs..

The Justice Department You Can Believe In is defending Bush administration decisions to keep secret many documents about domestic wiretapping, data collection on travelers and U.S. citizens, and interrogation of suspected terrorists, writes the Associated Press.

"The signs in the last few days are not entirely encouraging," said Jameel Jaffer, an attorney for the American Civil Liberties Union, told the AP.

Added a frustrated ACLU executive director Anthony Romero: "This is not change."

-mdl

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In camera


The Salt Lake City Police Department has written a four-page policy on how the new Pioneer Park cameras are to be used.

A PDF of that policy can be found here.

The policy does not address what happens when someone outside the police department wants a copy of the video.

When I asked police Chief Chris Burbank about this Wednesday, he described the recordings as "private" information, similar to that of calls to a police dispatcher.

But I have received copies of Salt Lake City dispatch recordings before via a GRAMA request.

Martha Stonebrook, a senior attorney for the city, gave a more-measured response when I called her Wednesday. She said requests would be reviewed on a "case-by-case basis." That's in tune with GRAMA.

The law says records are public unless they are expressly exempt from disclosure. The catch is there are lots of statutes that can be interpreted — correctly as not — as closing a record. Hypothetically, the city could deny record requests for video footage and argue the footage invades someone's personal privacy.*

But that would seem to play into the hands of the ACLU, which has made a similar argument against having cameras at all.

The city may be on firmer ground if someone requested footage of a suspected crime. GRAMA makes exemptions for evidence in a criminal case.

— NC


* I am not an attorney and frequently remind myself of that.

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Wednesday, February 18, 2009
Dear Rocky Anderson:


An open letter to former Salt Lake City Mayor Rocky Anderson:

Dear Mr. Anderson:

Thank you for your recent letter concerning The Tribune's coverage of Wally Bugden. It's always nice to hear from readers. Hell, at this point, it's nice to have readers.

While I have no capacity to speak for The Tribune as a whole, I say you're free to criticize the newspaper. The Tribune shines a critical light on many and is not above accepting the same.

But can you shoot a little bit of your criticism toward the city of Ivins?

Ever since Mr. Bugden was arrested, The Tribune's crime desk has been asking Ivins police to give us a statement, a police report, a poem, a crop circle pattern, an interpretive dance or something else indicating what happened.



Thus far the answers have all been no. The police department has denied our GRAMA request.

That means we don't know the facts of Mr. Bugden's arrest — only that he was booked into the Washington County jail on suspicion of public intoxication.

That could mean he was harmless in the lotus position, as you claim.* Or he was running drunk up Snow Canyon Parkway, shouting the rules of evidence and asking Relief Society members to tug on his bow tie.

I'm making up that latter version of events. But I can't verify your information, either, and everyone is left to wonder what really happened.

Let me know if you hear anything from Ivins. Thanks again for writing. And, for heaven's sake, please keep reading.

Sincerely,

Nate Carlisle
Salt Lake Tribune


*If true, then a guy with access to a free legal defense decides to get drunk and ornery and the the best he can think of is the lotus position? Public intoxication is wasted on the middle-aged and well educated.


— NC

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Friday, February 13, 2009
Hiding all over

The state's two big newspapers published editorials today opposing HB122.

Click here to read the Salt Lake Tribune editorial.

The Deseret News editorial is here.

While HB122 might discuss hiding documents, Cache County opted to hide its discussions over a new county attorney. News organizations asked the county council to hold the discussions in public.

— NC

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Thursday, February 12, 2009
Access... finally

After months of confusion, The Spanish Fork News will receive the two police initial contact reports it sought.

The State Records Committee ruled unanimously in favor of reporter Hilarie Orman and directed the Utah County Sheriff's Office to provide the reports it has been denying her for months.

Confusion replaced drama at today's hearing. A representative from the Utah County Attorney's Office actually agreed with Orman that the documents she sought were public. The attorney said her office did not understand what Orman was seeking. The office, and apparently the county commission, too, thought Orman wanted other related documents and not an initial contact report.

Initial contact reports are public under state law. I listened to this morning's hearing and the back and forth discussions over how the two sides got confused, but I still don't understand what the problem was.

Maybe Orman could have been more clear. Also, maybe Utah County could have been more open with its documentation in order to let Orman take what she wanted.

It's also still apparent to me Utah County was placing the burden on Orman to show why the record should be released. That is not how the law works. The burden is on government to show why the record should not be disclosed.

— NC

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Tuesday, February 10, 2009
The arguing will be over
UPDATE: A Standard-Examiner editorial on Wednesday voiced strong opposition to HB122. The newspaper also published this editorial cartoon.


The debate over public records legislation sounds a lot like an argument about whether government is always right.

HB122 — filed at the request of the Attorney General's Office — would remove avenues of appeal for records associated with law-enforcement proceedings, government audits and personnel matters.

In other words, if the bill passes, and you want a police report or a copy of a government audit, and the government denies your request, you may be out of luck.

There's no more administrative appeals — which is currently a cornerstone of Utah's records laws, called GRAMA. Or, from another perspective, there's no more "second guessing."

From the Standard-Examiner:

Patrick Nolan, of the state Attorney General's Office, said during a legislative committee meeting Monday morning that the court system and state boards are "second-guessing" law enforcement's classification of restricted documents.


Nolan may have been talking about the Utah Supreme Court. In a 2008 ruling on a GRAMA lawsuit, the supremes effectively said just because a government agency classifies a record as exempt from disclosure, doesn't mean the government is correct.

I cited this ruling today when I appeared before Ogden's records board. Ogden has classified some personnel records as exempt from disclosure. I argued the city is wrong and the documents should be disclosed.

If HB122 passes, I may not get to make this argument again. The government will be right — whether it is or not.

— NC

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Sunday, February 8, 2009
Feds saying adios, au revoir to wrong immigrants
A Salt Lake City-based immigration task force approaches the home of suspected criminal immigrant last year. Below, an arrested suspect is taken to a detention center.

A Freedom of Information Act lawsuit has shed light on how immigration enforcers have been doing their job.

Documents suggest rather than finding the worst lawbreaking immigrants, the U.S. Immigration and Customs Enforcement just took the immigrants they could find. You can read the report from the Migration Policy Institute here.




The report discusses fugitive apprehension programs, such as those operated in Salt Lake City. The report relies heavily on documents obtained through suing ICE and the U.S. Department of Homeland Security under FOIA.

The report's conclusion says:

NFOP was established to further important goals: locating, apprehending, and removing fugitive aliens who endanger the nation or their communities. Congress has exponentially increased NFOP’s budget to enable ICE to achieve this mission.

Yet ICE’s own data indicate NFOP has failed to focus on the priorities it claimed in justifying its program to Congress. Since shifting the objective in January 2006 to 1,000 arrests per fugitive operations team, and crediting arrests of some nonfugitives towards this total, the program has apprehended the easiest targets, not the most dangerous ones.
— NC

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Saturday, February 7, 2009
State Records Committee agenda
For the full meeting notice, go here.

STATE RECORDS COMMITTEE MEETING
NOTICE OF PUBLIC HEARING

The State Records Committee will hold a meeting on 9:30 a.m. Thursday, February 12 in the Courtyard Meeting Room, State Archives Building, 346 South Rio Grande Street (450 West), Salt Lake City. This is a public meeting. Committee business and three hearings are scheduled.

*First Hearing – Tina Wollenberger vs. Summit County. Ms. Wollenberger is appealing the denial of copies of a video taped interview of her minor son by the Summit County Sheriff’s Office.

*Second Hearing – Hilarie Orman, Spanish Fork News vs. Utah County. Ms. Orman is appealing the denial of incident reports from the Utah County Sheriff’s Office.


*Approval of the January 8, 2009, meeting minutes of the State Records Committee

*Introduction of Scott Daniels, Citizen Representative

*Approval of Retention Schedule Items

*Discussion of Administrative Rules changes

*Annual Report for 2008

*Other Business

*Adjournment – Next meeting scheduled – Thursday, March 12, 2009

Individuals wishing to comment during the meeting should notify Susan Mumford, Executive Secretary of the State Records Committee, and should be in attendance at the public meeting. The executive secretary will also accept written comments before the meeting but no later than February 9, 2009, at 6:00 p.m. Please mail or deliver those comments to:

State Records Committee
Utah State Archives
346 S. Rio Grande
Salt Lake City, Utah 84101

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Friday, February 6, 2009
Would you like to hear the discussions in Cache County?

A media consortium* is asking the Cache County Council to stay where everyone can see them when it appoints a new attorney.

The Herald Journal in Logan says the news outlets are arguing the county attorney is an important enough job that the public deserves to hear next week's deliberations.

The council chairman, meanwhile, has pointed to Utah's open meeting laws, which say meetings may be held in private when discussing the “character, professional competence, or physical or mental health of an individual.”

The article raises an interesting topic. While state and federal laws permits some public business to be done behind closed doors, government agencies aren't necessarily obligated to work that way.

— NC

*Isn't it amazing how using the word "consortium" makes something sound big and impressive.

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Monday, February 2, 2009
Numbers that make you care



Tell me which of these scenarios would most make you care.


A) A brutal crime is happening in your community.

B) A brutal crime is happening... somewhere. We're not really sure where.



I'm guessing your answer is A. But the U.S. Department of Justice seems to hope you'll be just as educated and empowered to act under B.

The real topic here is human trafficking. The justice department issued a report last month discussing this crime — which disproportionally affects women and helps fuel the sex trade and slave labor — and the rates of occurrence in the United States. You can find the report here.

But the report never breaks down the statistics to tell us how much this is happening from region to region and state to state. Utah has a justice department-funded task force and advocacy group to fight human trafficking, yet when I called the justice department to ask for Utah statistics, I was told they aren't available.

It's reasonable to know whether — or how much — we need to monitor human trafficking in Utah. It's one thing when a brutal crime occurs in some abstract setting. It's another thing when it happens where you live.

Below is a Freedom of Information Act request aimed at learning how much to care. Click here for a guide on signs someone you know may be trafficking victim.

— NC


* The photo is from a Michigan State University program discussing human trafficking.

HumanTraffickingFOIA.pdf

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Sunday, February 1, 2009
Missing: Management
Salt Lake County released a stinging report this past week that describes its planning division as "beset with long-rooted dysfunction that will require significant efforts to correct."

While the Tribune summarized those findings in Wednesday's newspaper, detailing what investigators characterized as a culture ofmismanagement, readers wanted to know more. So here's the full text of the investigatory report that has led County Mayor Peter Corroon to call for reform:


Planning__Development_Services_Report.pdf


--JS

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