www.dadeinfo.com

Sunshine Week: Make secrecy the exception
Atlanta Forward / The Editorial Board's Opinion: Open government is essential to maintaining and safeguarding the freedoms and liberty we all cherish.9:41 p.m. Friday, March 12, 2010

“Sunshine is the best disinfectant,” Louis Brandeis, U.S. Supreme Court Justice.

The esteemed Justice Brandeis was ahead of his time. His observation fits exceptionally well with national Sunshine Week, which starts today. The annual event, launched in 2005, champions and celebrates openness in government.

We can only be fully informed citizens and participants in democracy when we’re tuned in to what’s going on within government at all levels. Involved citizens ensure that their government works most effectively toward the common good.

Open government, with its inner workings transparent and accessible to all, is and should forever be part of the bedrock core of this republic’s centuries-old experiment with representative government.

Government conducted before the people is essential to maintaining and safeguarding the freedoms and liberty that we all cherish.

This nation’s journalists, ever mindful of the First Amendment’s protection of the press, have been understandably champions of Sunshine Week.

Thanks to Georgia’s Open Records Act, for example, The Atlanta Journal-Constitution unearthed suspicious scores on the 2009 Criterion-Referenced Competency Test. That led to a large-scale state investigation of testing. Other open records requests by the AJC led to reports on costly squandering of taxpayer money and questionable financial dealings by public officials.

Yet we also recognize there are instances when lawful access to records conflict with personal privacy. Such a case arose last week when a writer for Hustler magazine requested crime-scene photos of Meredith Emerson’s brutal death at the hands of her convicted murderer, Gary Michael Hilton.

While examining crime-scene photos can help a reporter — or a juror — understand the evidence of the crime, there is and can be no news value to publishing or reproducing explicit photos of Emerson. Technology changes will require careful thinking of how to make sure our society and government remain open while preventing the very occasional gross misuse of public information.

Access to open records is not just a concern for journalists. Private citizens are also active in exercising their right to open government.

According to the American Society of News Editors, which leads the week’s efforts, “Participants include ... civic groups, libraries, nonprofits, schools and others interested in the public’s right to know.”

Securing a widespread base of support for governmental transparency is necessary in order to keep the light of public inquiry focused on halls of power.

ASNE says, “Sunshine Week is about the public’s right to know what its government is doing, and why. Sunshine Week seeks to enlighten and empower people to play an active role in their government at all levels, and to give them access to information that makes their lives better and their communities stronger.”

Keeping governance before the public eye has always been important, but never more important than during this present, perilous time for the United States and the world.

Yes, certain government business should be conducted outside of public earshot. Secrecy should be the rare exception, rather than the rule.

To do otherwise is to tempt Americans with a false sense of security and well-being as our challenges and troubles are kept secreted away from public scrutiny.

True security, freedom and well-being comes from a rich and public debate and governmental processes that keep the people’s business before the people.


Andre Jackson, 
for the Editorial Board


Atlanta Forward: In coming weeks and months, we will look at major issues Atlanta must address in order to move forward as the economy recovers. Look for the designation “Atlanta Forward,” which will identify these discussions.

Health Care Push Continues Behind Closed Doors
TodayHouse Democrats are continuing to work behind closed doors to craft a health care bill that will secure the necessary votes to pass in the House. They are waiting on a CBO cost estimate for the reconcilliation health bill before they announce the next step in the process. Today, Rep. Kucinich stated that he will vote for the health care bill.

March 16, 2010
PROMISES, PROMISES: Records not so open with Obama
By SHARON THEIMER
Associated Press Writer
One year into its promise of greater government transparency, the Obama administration is more often citing exceptions to the nation's open records law to withhold federal records even as the number of requests for information declines, according to a review by The Associated Press of agency audits about the Freedom of Information Act.

Among the most frequently cited reasons for keeping records secret: one that Obama specifically told agencies to stop using so frequently. The Freedom of Information Act exception, known as the "deliberative process" exemption, lets the government withhold records that describe its decision-making behind the scenes.

Obama's directive, memorialized in written instructions from the Justice Department, appears to have been widely ignored.

Major agencies cited the exemption at least 70,779 times during the 2009 budget year, up from 47,395 times during President George W. Bush's final full budget year, according to annual reports filed by federal agencies. Obama was president for nine months in the 2009 period.

The government's track record under the Freedom of Information Act is widely considered a principal measurement of how transparently it makes decisions. When Obama promised last year to be more open he said doing so "encourages accountability through transparency," and said: "My administration is committed to creating an unprecedented level of openness in government."

In a statement Tuesday during Sunshine Week, when news organizations promote open government and freedom of information, Obama noted the release of White House visitor logs and federal data online in recent months said his administration was recommitted "to be the most open and transparent ever."

"We are proud of these accomplishments, but our work is not done," Obama said. "We will continue to work toward an unmatched level of transparency, participation and accountability across the entire administration."

Also Tuesday, White House Chief of Staff Rahm Emanuel and White House Counsel Bob Bauer urged agencies to improve their handling of information requests and assess whether they are devoting the resources needed to respond to requests promptly and cooperatively.

The AP's review of annual Freedom of Information Act reports filed by 17 major agencies found that the administration's use of nearly every one of the law's nine exemptions to withhold information from the public increased during fiscal year 2009, which ended last October.

The agencies cited exemptions at least 466,872 times in budget year 2009, compared with 312,683 times the previous year, the review found. Over the same period, the number of information requests declined by about 11 percent, from 493,610 requests in fiscal 2008 to 444,924 in 2009. Agencies often cite more than one exemption when withholding part or all of the material sought in an open-records request.

The administration has stalled even over records about its own efforts to be more transparent. The AP is still waiting — after nearly three months — for records it requested about the White House's "Open Government Directive," rules it issued in December directing every agency to take immediate, specific steps to open their operations up to the public.

The White House on Tuesday described the directive as "historic," but the Office of Management and Budget still has not responded to AP's request under the Freedom of Information Act to review internal e-mails and other documents related to that effort.

The Federal Aviation Administration cited the deliberative process exemption in refusing AP's request for internal memos on its decisions about data showing collisions between airplanes and birds. The FAA initially tried to withhold the bird-strike database from the public, but later released it under pressure.

The FAA claimed the same exemption to withhold nearly all records about its approval for Air Force One to fly over New York City for publicity shots — a flight that prompted fears in the city of a Sept. 11-style attack. It also withheld internal communications during the aftermath of the public relations gaffe.

Other exemptions cover information on national defense and foreign relations, internal agency rules and practices, trade secrets, personal privacy, law enforcement proceedings, supervision of financial institutions and geological information on wells.

One, known as Exemption 3, covers dozens of types of information that Congress shielded from disclosure when passing other laws.

In provisions often vaguely worded and buried deep in legislation, Congress has granted an array of special protection over the years: information related to grand jury investigations, additives in cigarettes, juvenile arrest records, the identities of people applying restricted-use pesticides to their crops, and the locations of historically significant caves. All can be legally withheld from the public.

The chairman of the Senate Judiciary Committee, Sen. Patrick Leahy, D-Vt., was so concerned about what he called "exemption creep" that last year he successfully pressed for a new law that requires exemptions to be "clear and unambiguous."

The federal government cited Exemption 3 protections to withhold information at least 14,442 times in the last budget year, compared with at least 13,599 in the previous one.

While not refuting AP's findings on the government's use of exemptions to withhold information, White House spokesman Ben LaBolt said the administration has made progress toward becoming more transparent.

"The majority of agencies — 12 out of the 17, or 70 percent of those surveyed — increased FOIA requests granted in full, in part or both," LaBolt said late Tuesday.

Much of the Obama administration's early effort seems to have been aimed at clearing out a backlog of old cases: The number of requests still waiting past deadlines spelled out in the open-records law fell from 124,019 in budget year 2008 to 67,764 at the end of the most recent budget year. There is no way to tell whether people whose cases were closed ultimately received the information they sought.

The AP examined the 2008 and 2009 budget year audits from the departments of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Justice, Labor, State, Transportation, Treasury and Veterans Affairs; the Environmental Protection Agency; and the Federal Reserve Board.

___

On the Net:

Freedom of Information Act annual reports: http://www.justice.gov/oip