Search: Site   Web
The Newsroom ~ Where readers and editors discuss how the Gazette covers the news.

Archive for the 'accountability' Category

The great salary debate, part II

October 28th, 2009, 5:10 pm by Jeff Thomas

I’ve made a change to the online database of city-employee salaries: Full names have been truncated to first initial and last name, e.g., J. Thomas.

Making this change runs contrary to some of the points I made about the database when we posted it last Friday. Namely, by reducing full names to abbreviations, we prevent citizens from scrutinizing city spending to the level of specificity to which they are entitled. Every citizen has a right to know exactly how much she pays Jane Doe, not merely J. Doe, because for all we know, J. Doe could be a fiction. Anything less than complete disclosure that can be verified means we are taking the city’s word for it. Or taking the Gazette’s word for it, which is no better. The Gazette is not a stand-in for government; we are — or should be — a transparent conduit, transmitting government information to citizens. We do not exist to vouch for the government; we are here to enable citizens themselves to hold government accountable.

It is, admittedly, a purist position. I continue to believe that it is, journalistically, the correct position.

Which is not to say it is a comfortable position. We understand that publishing names and salaries makes city employees uneasy. But in the end, it is not any claim of privacy — there is none when it comes to a public employee’s paycheck — that has prompted this change. I’ve made the change after hearing from a small number of city workers with sincere concerns about their safety.

It’s easy to minimize those concerns. Newspapers in Houston; Los Angeles; Albuquerque; Milwaukee; Raleigh; Memphis; Louisville; Phoenix; Tulsa; Columbia, S.C.; Minneapolis; tiny Burlington, N.C. and many more places publish online databases of the full names, job titles and salaries of local and state employees. Indeed, in Iowa it is state law that a complete roster of state workers and their pay be published each year. In Iowa City, you can look up the name and salary for your kid’s kindergarten teacher, your firefighter neighbor, the nurse at the local VA hospital, and the history professor at the university. As far as I know, every last public employee in Iowa City is safe and sound.

I’ve spoken with folks in those places during the past few days. None has reported a single case of harm befalling any public employee as a result of the publicity. In cities where this kind of information has been published for several years, it has become part of the background. No big deal.

Such evidence is not comforting to the few who told me they worry about being that much easier to find by someone who, for example, is the object of a restraining order. It’s easy for me to say they have nothing to worry about; it’s also arrogant. It’s also easy to tell a nurse that, if avoiding detection were truly that important, she wouldn’t seek employment at a public hospital. See: arrogant.

So, a compromise: J. Doe. Call it the “police badge” standard: In Colorado Springs, an officer’s badge displays his or her first initial, and last name.

The Gazette will continue to obtain public-employee salary data and post them in our info center. The lists we obtain will contain full names, and we will shorten the first names to initials. We will spot-check the salary amounts with a number of people on the list, to verify that their pay amounts are correct, and we will report our findings to readers. That’s not complete transparency, but it is our good-faith effort at verification. Anyone who doesn’t believe our database or the city is free to get the same list from the city. My guess is it will be good enough for most people.

Does this change matter? After all, any person can obtain the same list of (complete) names and salaries we obtained. It’s public information. Any person with an Internet connection can post that list, names and all, for all the world to see. In fact, I predict it will happen. The relentless digitization of information, especially public information, makes it inevitable. Eventually, every public employee will have to get used to the idea that his or her name and pay is part of the public realm, searchable and downloadable. If not from us, then from someone else.

Futhermore, haven’t we already let the cat out of the bag? The gazette.com database itself does not cache, so there is no full-name version of it available. If someone has downloaded it and made it into their own spreadsheet, they’ve done something they could do anyway by asking the city for the document.

Some will ask if we made this change because of customer backlash. A few dozen readers have canceled their subscriptions. But we’ve lost more when we’ve modified the layout of the paper or started charging for the Sunday TV programming guide.

As my publisher said to me, we’re making this change not because it feels correct, but because it feels right. Someday, we may conclude that the community is ready for full disclosure. Conditions change. Standards change. For now, we’ve settled on this one.

The great salary debate

October 23rd, 2009, 6:52 pm by Jeff Thomas

Just because we can, does that mean we should?

That’s the real question. Few dispute that the name of each employee of the City of Colorado Springs, and his or her salary, is public record. When it comes to principle, I don’t detect much disagreement: It’s public information.

When it comes down to practice, the debate begins. It’s one thing to support the idea of public information. It’s another to actually see that information in public. And when we published the names of 2,300 city employees, their job titles and salaries, we caught a good deal of flak.

The criticism came in a few varieties.

First critique: Publishing the names violates employees’ privacy. Represented by:

. . . Not saying this isn’t public information, but by providing it in a searchable database and by releasing individual names, I think you stepped over the line.

There is much about an individual that remains private when they work for a government agency: Age. Weight. Phone number. Insurance policy number. Social Security number. Race and ethnicity. Direct-deposit account information. Pension contributions. Marital status. All of it private, and appropriately so.

Salary, however, is not private. It can’t be, really. One can hardly call himself a public employee if he doesn’t permit the public to examine what makes him an employee: his paycheck.

Anything less specific than a name-by-name accounting is permitting the city to escape ultimate accountability. Suppose the list contained only each job title and salary, with no names. How do you know that the salary figure for each job is correct? Do you take the city’s word for it? If not, who are you going to check it with? By attaching a name to each salary, the city has no choice but to be utterly truthful with each individual’s salary amount.

Same is true for, say, the supplies budget. Only when the city releases a copy of every last invoice it paid for office supplies can its supply spending be verified, because you can double-check each invoice with the supplier: Did the city really pay you this amount for these supplies? By attaching an invoice to each supply purchase, the city has no choice but to be utterly truthful with each individual purchase amount.

And if the city is is truthful with all the individual amounts, it is by definition truthful with the sum of those amounts — the total supplies budget that it publishes in its city documents. The city can say it spends $1 million a year on supplies. But only if it provides the individual invoices that add up to $1 million can that figure be trusted as accurate.

In other words, only by demonstrating accountability for the parts can the city be regarded as accountable for the whole — whether you’re talking about supplies, or salaries. The necessary ingredient is demonstration. And it can’t be demonstrated unless it’s actually done. The city can’t claim its payroll amounts per person are accurate unless it actually reveals them when asked. Given the tax measures on the city ballot and the intense debate over city spending priorities, it seemed to us to be a very good time to ask.

Second critique: Publishing the names of employees puts them at risk. Represented by:

Now with all the first and last names of city employees ready available, easily retrievable, and complete and organized, everyone that wants to can pick up a phone book or browse property records or perform other searches and can find out where the city employee lives along with their phone number.

True enough. But also true already. The names of public employees already are public information. Police officers wear badges with their names on them. Administrative staff have their names on their desks and cubicles. They put their names on public correspondence; state their names in public meetings; announce their names at school assemblies; list their names in government directories; publish their names on city websites.

My name, too, is in the phone book. And it’s published every day of the year, on page A2 of the newspaper. Anyone with the motivation can put 2 and 2 together, as easily as they could with the database we published.

Third critique: What’s good for the goose should be good for the gander. Represented by:

. . . What are YOUR salaries?! Dare you to publish them side by side … nah, you won’t. You’re like bullies, you dish it out but can’t take it.

We won’t reveal salaries of Gazette employees because the Gazette is a private employer.

You are free to withhold your financial support from The Gazette. Residents of Colorado Springs, however, are not free to withhold their financial support from the city. If you decline to pay the Gazette, you receive no newspaper. If you decline to pay the city, you end up in front of a judge.

This is a fundamental, profound difference. It is not trivial. It is something every applicant for a job in government understands: If I take this job, I trade away some information about me that otherwise would remain private.

Would Gazette employees like it if their salaries were published? Of course not. Do city employees like it? Knowing them as we do as our neighbors and friends — folks just like us — I’m pretty sure the answer is no, they do not.

I don’t wish to inflict discomfort on any city employee. I wish to give citizens the information they need to hold their public institutions accountable. A measure of discomfort on the part of public employees is an inescapably necessary part of that equation.

Fourth critique: Publishing salary data is only making an already bitter public debate more nasty. Represented by:

Way to go, gazette- you got the response you were hoping for. Let’s whip everyone up into a froth and pit people against each other. Instead of trying to find ways to work through this mess, everyone’s knifing each other in the back.

The online comment threads at gazette.com are, at best, a funhouse-mirror reflection of public opinion. Even by that measure, however, the online discussion today took a noticeable turn toward the analytical. Given a large dose of plain old facts, many readers have begun to debate the merits of the arguments in favor and opposed to 2C, based on some actual data about what city employees are paid. The visceral tone of the argument, characterized as “the untrustworthy city needs to get in touch with reality and cut spending” vs. “you all want services but aren’t willing to pay for them,” has changed. It has taken at least a slight turn toward the rational and dispassionate — at least in the early hours since the data were posted. That is a positive development, however meager, in my opinion.

In an opinion column submitted to the Gazette for publication this weekend, the executive director of the Colorado Springs Police Protective Association had this to say about the debate on our opinion pages surrounding 2C and employee pay: “The authors of these articles have played to the lowest common denominator using inaccurate, incomplete, and, at times, false information to argue their points.”

“The correct data and information,” he said, “will show that the employees of this city have not been fairly portrayed.”

Correct data and information. Just what the PPA ordered. Now we’ve published it. And now you get to decide what to do with it.

Okay, I’ve had my say. Now it’s your turn:

Should the Gazette have published names of city employees along with their salaires?
View Results

A public act of secrecy

October 8th, 2009, 8:08 pm by Jeff Thomas

The Colorado Springs City Council took an odd — and I contend illegal — route Wednesday on the way to filling a vacancy on the council.

The council had spent hours listening to 19 applicants make their pitches. They conducted a series of elimination votes to winnow the list.

The odd part was how they did it: secretly.

Each member scribbled the name of his or her preferred applicant on a piece of paper and passed it to the city clerk. The votes were tallied and the results announced, but the preferences of each council member was kept secret.

Round one eliminated 16 of the 19 applicants, leaving Sean Paige, Phil Lane and Paul Johnson in the running. Round two left Lane and Johnson tied for second, prompting a third round between those two to determine who would face Paige. Johnson was eliminated. On the next round, Pagie and Lane tied 4-4.

Then something truly odd happened. Mayor Lionel Rivera called a recess, and the council members left the room. Ten minutes later, upon their return, they conducted a fifth round of secret paper ballotting. It’s Paige, 5-3.

At that point, Rivera called for a nomination. Paige was formally nominated, the motion was seconded, and Paige’s appointment was confirmed on a 7-1 vote — the first vote in the entire process in which each council member’s position was recorded.

One wonders: what was the point of the paper? And what legitimacy does the 7-1 vote have if its outcome appears to have been preordained by a series of secret tallies followed by a 10-minute retreat from the room?

It’s not as if council members were too timid to express their preferences and needed the shelter of a secret ballot. Several spoke in favor of Paige, and others in favor of Lane, prior to the voting.

And it’s not a huge deal. Nobody’s taxes were raised by the pre-vote votes. Rather, it’s symptomatic of an ingrained reluctance to do the public’s business in public. It’s further evidence of the gap between the talk about open government, and the walk.

Colorado law permits the city council to meet privately, outside of public view, in a small handful of very specific circumstances:

1. When discussing the purchase of property §24-6-402(4)(a)

2. When getting advice from its lawyer on a specific legal question §24-6-402(4)(b)

3. When discussing something that state or federal law requires to be kept secret §24-6-402(4)(c)

4. When discussing specifics of security plans or investigations §24-6-402(4)(d)

5. When determining a negotiation strategy §24-6-402(4)(e)

6. When discussing an individual personnel matter §24-6-402(4)(f)(I)

7. When considering a document that state law requires to be kept secret §24-6-402(4)(g)

8. When discussing an individual student §24-6-402(4)(h)

That’s it. Nothing else may be done by a local elected body behind closed doors.

So, the council’s cover is No. 6 — personnel matters, right? Wrong. That section of the law specifically requires the task of filling vacancies to be conducted publicly, beginning to end.

Technically, the council did not go into executive session. They were more brazen: They conducted their secret business in front of an audience. Points for ingenuity.

In the gallery of government opacity, the pre-vote secret ballots that sussed out Sean Paige from the pack is hardly the largest or most important exhibit. It’s pretty small potatoes.

But the issue isn’t what the vote accomplished. The issue is what it reveals about the council’s regard for the public. Only a council with disregard for transparency would take the trouble to be secret about one of the most fundamentally public functions a council can undertake — determining its membership. The fact that the council did not automatically and reflexively do the easier thing — skip the paper ballots — is evidence that our council members default toward secrecy unless the law forces them to act openly.

That’s exactly the backwards default. The proper default is to do everything in public unless the law compels secrecy. Innocent until proven guilty; public unless compelled to be private.

Welcome to the council, Mr. Paige. There are bigger issues to tackle than the curious manner of your appointment. But here’s hoping with each new member of the council, citizens enjoy an additional ray of open-government sunshine.

A city pledge to reveal documents

August 4th, 2009, 11:32 am by Jeff Thomas

Speaking of promises of public disclosure, I bring you excerpts from a just-released transcript of courtroom proceedings on July 10 before federal Magistrate Michael Hegarty. They contain promises by city attorneys to release records of “all the settlement negotiations” between Colorado Springs, the USOC and LandCo Equity Partners — the developer that had sued Colorado Springs over the collapse of a three-party deal to build a new Olympic headquarters and preserve the USOC’s presence in Colorado Springs for years to come.

LandCo came to the July motions hearing with the intent of persuading the judge to seal up what Gazette reporter Daniel Chacón had requested under the Colorado Open Records Act: all correspondence between Colorado Springs, LandCo and the United States Olympic Committee since March 27 of this year.

This flurry of correspondence probably provides the clearest picture  of A) the unraveling of the first City/LandCo/USOC deal; and B) the origins of a new deal, now formally in front of the City Council.

At two points during the hearing, Assistant City Attorney William Bain pledged nearly full disclosure once the LandCo lawsuit is settled. The city released the proposed terms of the settlement last week. It has not yet been formally accepted. (I say “nearly” full disclosure because some correspondence could fall under the category of attorney-client communication, which is allowed to remain private under almost any circumstance).

Also during the hearing, Gazette attorney Steven Zansberg restated his understanding of the city’s pledge. He got no objection.

Here are three separate excerpts from motions hearing, with testimony regarding the release of documents italicized:

1

MR. BAIN: . . . I think the other important point to make about open records is that open records acts are designed to enable the public to know what their government is doing, and in this case what the public will eventually see if there is a deal reached, they’ll see the proposed deal in Colorado Springs, they’ll — that proposed deal will be publicized, advertised, and the Council will solicit input from the public on whether they think this is a good deal or a bad deal. Assuming Council approves it and all the parties are in agreement and a deal is ultimately reached, then there really is not as much harm at that point in releasing all the settlement negotiations that have been going back and forth at that time to see how the government handled the process of negotiations. But to release those while the negotiations are ongoing, as the Court knows, it’s difficult enough to settle a case when you just have two parties and their clients trying to settle it, but to have the entire public involved in the negotiation process can really throw it off course.

2

MR. ZANSBERG: As Mr. Bain noted, the interest of the Public Records Act, as under the federal FOIA act, is to allow the people to see what their government is up to, and it doesn’t matter whether or not funds are expended. I was encouraged to hear Mr. Bain say that once a deal is reached there would be no problem in disclosing the prior communications so that the public could monitor whether or not a better deal could have been reached or things of that sort. It has been our interest and concern that we not be limited to the final settlement agreement, that both parties acknowledge, thankfully, as others have disagreed, is a public record.

. . . [I]f the Court were inclined to enter a protective order despite everything I’ve said about there not having been sufficient showing, I would urge the Court to narrowly limit that order to the documents for which an adequate showing had been made, not to issue a blanket order that encompasses the entirety of Mr. Chacón’s request to an entity subject to the Open Records Act. Not all of the documents that are encompassed within Mr. Chacon’s request are communications that would fit within Federal Rule 408 or would be deemed to be confidential communications, offers of compromise and settlement or any such communications, nor necessarily do all of the records requested by Mr. Chacón fall within the attorney-client privilege or any other mandatory interest that the Court might deem to be of sufficient good cause.

My client has told me that I could represent that — this is the newspaper that covers this community, and the Court mentioned the significance of this litigation to the people of El Paso County, that the U.S. Olympic Committee and the subject matter of this litigation is of paramount importance to that community, and my client is keenly aware of that and doesn’t want to interfere or hinder in any way resolution of this action. At the same time it intends and has already begun the process of availing itself of the statutory rights of any citizen to monitor the conduct of its government.

. . . [I]f the Court were inclined to enter a protective order, the Gazette would respectfully ask that it be entered for a limited duration, that the parties — that it would expire upon the notification to the Corut that a settlement agreement had been finalized, or seven calendar days, 10 calendar days, whichever shall occur sooner.

THE COURT: That’s a point I’m very sympathetic to because you just can’t count on settlement negotiations lasting forever, and you can’t use that as an excuse, because settlements need to happen or the cases need to be going on, so I agree with that.

3
Later, Bain acknowledged to the judge that if the Gazette’s records request were to be handed over to Colorado state courts to be evaluated, the city likely would have been ordered to turn over most every document in the files:

MR. BAIN: The only thing I’d add is that Mr. Chacón’s request seeks all sorts of intra-agency documentation after March 27th, 2009, which as I recall is the date this lawsuit was filed, so essentially all of the information that the Gazette is seeking from the City is directly tied to this lawsuit. It’s hard to imagine that there’s an e-mail out there that doesn’t somewhoe relate to the USOC lawsuit.

THE COURT: But wouldn’t you imagine then that you would have a valid objection under some of the stated exceptions to the [Colorado] Open Records Act?

MR. BAIN: Absolutely not. Certainly under attorney-client privilege, work product of attorneys, yes, but as Mr. Zansberg pointed out, the substantial injury test has to be something the Colorado General Assembly could not have foreseen. Well, certainly they could have foreseen that settlement negotiations were going to be going on between government agencies and private litigants. So if the Court’s order were to be go duke it out in state court, I can pretty well assure the Court that all of this will be released, aside from attorney-client privilege materials.

You win, again

June 23rd, 2009, 8:08 am by Jeff Thomas

Falcon School District 49 has agreed to release audio tapes of two February 2009 meetings held in executive session. The district agreed to release the tapes rather than appear in court today to explain to a judge why it had refused to follow Colorado laws that forbid governmental secrecy in all but the most limited of circumstances.

The court date was set because the Gazette filed suit May 14 after the district had refused to release the tapes. Both meetings, we argued, were illegally convened, and once under way, dealt with topics that are not permitted to be handled outside of public view.

During the weekend, the district tried its last gambit, posting written transcripts of the two executive sessions on its own website, in hopes we would drop our lawsuit. We said thanks, but no. These were our terms:

  1. Make the tapes available for listening
  2. Pay the Gazette’s legal fees, about $8,500
  3. Commit, in writing, to three things:
  • To provide sufficient advance notice of executive sessions, with much greater specificity about the topic, as required by Colorado law
  • Provide any district employee with advance written notice if their job is to be the subject of any upcoming executive session
  • Cease discussing budgetary matters in executive session

The district agreed to the terms on Monday.

The transcripts make plain that the Board of Education waded deep into discussions about general budget matters — important stuff that the law demands be kept in public view.

Over on the forums about D-49, some folks are making much ado about a few unguarded comments made by board members, revealed in cold black-and-white in the transcripts. This, too, is a good reason to keep such discussion reserved for a public setting — you’re less likely to say something that diverts attention from the real business at hand.

Do we plan to publish the transcripts, or even listen to the tapes? Probably not, but I’ll leave it to our education team to determine if there’s news in the documents. If there is, you’ll read it on gazette.com or in the printed Gazette.

The whole point behind our effort wasn’t necessarily to publish any of the information discussed in the executive session. We sued because there was principle at stake — the principle that our public institutions must be accountable to the public.

And I’ll say it again: There can be no accountability without transparency.

Why we published CSPD internal-affairs files

June 15th, 2009, 5:44 pm by Jeff Thomas

The Colorado Springs Police Department’s internal-affairs investigation files is the official record of how the department deals with the mistakes and policy transgressions of individual officers on the force. Because the Gazette published some of the contents of those files covering 2007 and 2008, some readers have concluded that the Gazette hates police.

Why else would we publish such a litany of shortcomings, if not to take glee in it?

The answer is, to help build trust in the police department. As does any citizen, the Gazette wants, and supports, a well-run, professional and effective police force. We want protection from the bad guys just as much as anyone else does.

The police are an arm of government. In order for police to be effective in a free society, they must have the trust and support of the community. Trust and support are possible only if the department is accountable to the public. And you’ve heard me say it before: There can be no accountability without transparency.

When the inner workings of a public agency are not available for public inspection, public skepticism in the agency rises. Unchecked, skepticism intensifies into cynicism, and the agency is judged to be up to no good even before it gets started. That’s not healthy for the community. That underlying reality does not change just because the agency involved happens to be made up of selfless people who have sworn to protect our lives and property at great personal risk. Not even police get a pass on accountability because they do heroic work.

That’s the spirit that guided our request for the IA files for 2007 and 2008.

We had little idea what we would find in the files. There’s a few eyebrow-raising incidents, but mostly a collection of garden-variety missteps and policy violations. For example, the fact that one particular on-duty officer ran a red light in August 2008 and injured two people slightly is not, in itself, big news. Reasonable citizens understand that humans make mistakes.

What’s newsworthy is how the department handles those mistakes. Are they taken seriously? Or are they swept under the rug?

More to the point, how are you going to know unless you see the raw material for yourself? Some readers have left comments at gazette.com along the lines of “that’s it? Why publish such a lengthy list of minor stuff?”

To which I respond: How do you know that it’s minor stuff unless we publish it and you can see it for yourself?

Are you going to take the police chief’s word for it? Chief Myers is a professional cop and a nice guy to boot, but he is burdened with an inherent conflict of interest when he tries to vouch for the integrity of his department. Myers should take every opportunity to praise the good work of his force; that’s part of his job and the public expects it. But even he knows citizens can’t be certain the department is living up to its words unless they can actually see internal documents themselves. That’s where the Gazette comes in.

So, we asked for summaries of the IA files for 2007 and 2008. With them, we hoped to give readers what they need to see for themselves:

1. What did the officer do?
2. How did the Police Department investigate the matter?
3. What punishment, if any, was handed out?

We got only partial answers.

To the first question, we received only 20 of the 66 IA files we requested. Citizens still have no idea what’s in the other 46, though the police tell us the incidents they document are less egregious than those already released.

To the second question, we could see, more or less, what the police department determined had happened in those 20 cases alone.

To the third question, we got little information. In all 66 cases, some form of discipline was handed out, the police tell us, but the summaries contain no specifics about the punishment. Those specifics are in the raw, and much more voluminous, IA files themselves.

So, by these measures, we’re still a long way from complete tansparency. But things are moving in the right direction.

Open government in Falcon: board votes, then tells the public what it voted on

April 23rd, 2009, 2:48 pm by Jeff Thomas

Here’s how a portion of yesterday’s meeting of the Falcon School District 49 Board of Education meeting went down, according to Gazette reporter Carol McGraw:

1. Prior to the meeting, a consent agenda for the meeting is prepared (”Approval of matters relating to administrative personnel”), and materials related to those “matters” are distributed to the board. The public is not permitted to see those materials (illegal), thus the public has no specific information about what is on the consent agenda.

2. Board convenes

3. Board declares an executive session to discuss “personnel matters” relating to “building administration.”

4. Two HS principals join the board in the separate building. Time passes.

5. Board returns to meeting room. One of two principals precedes them, and informs someone in the crowd “it’s okay.” Apparently, either the board has reached some kind of decision while in executive session (illegal), or the principal has reason to believe the board is about to do something favorable to him.

6. With absolutely no discussion, the board votes in favor of its consent agenda, which contains zero public clues beyond “approval of matters relating to administrative personnel.” The crowd has assumed this involves the principals’ employment contracts, but can’t know for sure.

7. Members of the audience begin shouting, “what does that mean? Yes or no on the contract?”

8. The board president informs the crowd that the board’s vote means that the two principals will remain employed.

Astounding. The school board votes, and the public has to shout questions to a board member to find out what the heck the board just voted on.

You can find more about the D-49 board’s disregard for Colorado open-meeting laws here.

You win, again

February 26th, 2009, 4:52 pm by Jeff Thomas

A note that I just sent to the staff:

In these days, and maybe particularly on this day, it seems appropriate to call attention to developments that affirm our mission.

Today, the Colorado Court of Appeals sided with the Gazette and reporter Debbie Kelley, and rejected an appeal by [publicly owned]  Memorial Hospital in which the hospital attempted to withhold employment contracts with some local surgeons.

We won at the trial level. On appeal, Memorial quit trying to argue that the documents were not subject to Colorado’s Open Records Act. Instead, the hospital based its appeal on the argument that the information was confidential from the surgeons’ perspective.

The court didn’t even bother with that question because it said Memorial failed to address another question that also must be considered: Was the supposedly confidential information supplied by someone else, or was it placed in the contract by Memorial itself? The court said “the information in the employment contacts was generated by Memorial.” That rendered the confidentiality issue academic.

Later, the court declared it found Memorial’s appeal “underwhelming.”

Maybe the news value in the contracts will prove to be a bit underwhelming, too. We won’t know until we see them. But then, that’s the point: The public can’t tell whether a contract executed in its name is important unless the public can actually see the contracts.

There can be no accountability without transparency.

I should point out that the appeals court drew much of its justification from the outcome of a 1998 case in which the court ruled that the “purpose of the [confidentiality] exemption is to protect information originating from a private individual or business, not information generated by the government itself.”

That case, too, was brought by the Gazette and someone you might know: Pam Zubeck.

Fiscal note: Memorial — meaning you, me and others who use the hospital — must pay the legal fees.

It’s a wonder that this needs to be said at all

January 22nd, 2009, 5:40 pm by Jeff Thomas

On his first full day in office, President Obama issued a directive to all federal agencies. It begins:

A democracy requires accountability, and accountability requires transparency.  As Justice Louis Brandeis wrote, “sunlight is said to be the best of disinfectants.”  In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government.  At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.

The Freedom of Information Act should be administered with a clear presumption:  In the face of doubt, openness prevails.  The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears.  Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve.  In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public.

All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government.  The presumption of disclosure should be applied to all decisions involving FOIA.

The presumption of disclosure also means that agencies should take affirmative steps to make information public.  They should not wait for specific requests from the public.  All agencies should use modern technology to inform citizens about what is known and done by their Government.  Disclosure should be timely.

This memo is an apparent reversal of the 2001 “Ashcroft memo,” which declared a similar devotion to openess. . .

It is only through a well-informed citizenry that the leaders of our nation remain accountable to the governed and the American people can be assured that neither fraud nor government waste is concealed.

. . . but which also said this:

Any discretionary decision by your agency to disclose information protected under the FOIA should be made only after full and deliberate consideration of the institutional, commercial, and personal privacy interests that could be implicated by disclosure of the information.

. . .When you carefully consider FOIA requests and decide to withhold records, in whole or in part, you can be  assured that the Department of Justice will defend your decisions . . . “

Silent no more

July 25th, 2008, 8:34 am by Jeff Thomas

We’ve dropped our policy of keeping reporters, photographers and editors out of the “comments” threads under each story at gazette.com.

Much of our staff already blogs anyway, and they interact with readers in the comments under their blog posts. That ability to communicate directly with readers is now extended to the story-comments threads. As others have said, news is a conversation, and we’re trying to keep journalists at the center of the community’s conversations.

Our staff will post under their real names, or transparent approximations such as my own handle, jthomas. They will attempt to clear up questions about news events and stories, provide new facts, direct readers to additional resources, and just generally explain how information was verified.

They will not share their opinions about the news.

ADVERTISEMENT 
ADVERTISEMENT 
powered by
google
Search
        Search: Web    Site