Sunlight Foundation

Sunlight Weekly Roundup: Indiana narrows public's ability to review government emails

  •  Indiana's new public access counselor has limited the public’s ability to request and review the email exchanges of government officials. In 2009,  then-public access counselor Heather Neal decided that “mail records requests should be tied to the subject matter sought.” Moreover, she maintained that, “A request for all email of a specific government employee, even if limited to a certain time frame, did not fit the requirement that public records requests be reasonably particular.” According to Steve Kay of Hoosier State Press Association, “Neal’s ruling uses a dictionary definition as the guidepost for the intent of the law. Her opinion strays from the legislative mandate that the Access to Public Records Act be tilted toward citizen desires and the common-sense intent of legislators that government be transparent.”  Kay holds that this decision represents a departure from the philosophy of government transparency by “crimping the public’s ability to investigate what public officials are doing.”
  • Nevada’s Carson City has been listed by e.Republic's Center for Digital Government and the Digital Community Program as being among the top U.S. metro areas to effectively use the internet and technology. In cities with a population of between 30,00-74,999, Carson City ranked second out of 10. Carson City was the only Nevada municipality recognized in the survey. Todd Sander, director of e.Republic’s Digital Communities, maintained, “The highest-ranking cities in the survey showed great strides in consolidating, enabling shared services, government transparency and communications interoperability." For more information and the entire list of winners, check out Jeff Munson’s post on Carson Now.
  • A New York state judge has ruled that a lawsuit filed by New Yorkers for Constitutional Freedom against the New York State Senate, Attorney General Eric Schneiderman, and the New York State Department of Health may proceed. The lawsuit challenges New York’s same sex marriage law. The plaintiffs argue the law was passed as a result of a combination of factors, from Senate meetings that violated New York State Open Meeting Laws to promises of campaign contributions for Republican senators who changed their vote. The suit also cites atypical procedures in the Senate, Governor Andrew Cuomo’s waiving the constitutionally required three-day review period before a legislative vote, lobbyists and the general public being denied access to representatives, and private dinners at the Governor’s mansion. For the full story, read Lauren Rodgers’ post on Ballot News.
  • The Maryland Register, a official state news publication that provides updates on state regulations, legal opinions and hearings, has reversed a decision to charge consumers for its real-time, online news. Had the decision gone through, consumers would have had to pay a $190 annual feel to get news on the same day of its publication.  According to Register Editor Gail Klakring,“The Register is once again available online on the day it’s published for non-paying consumers. We realized that any change to the availability of Maryland Register has had an unintended impact on the transparency of Government and that was never the intent.” The fee was added in October prompting a complaint by the Maryland Chamber of Commerce to the state’s Joint Committee on Transparency and Open Government. Committee member Delegate Heather Mizeur sees this issue as a threat to government transparency. The Maryland Reporter’s Glynis Kazanjian maintains that Mizeur “went on to criticize the Secretary of State’s Office for what appeared to be a reversal in progress in government transparency.”

Vis-a-Visclosky: Or How I Learned to Take Campaign Contributions and Turn Them Into Earmarks

It comes as no surprise that Indiana Democrat Pete Visclosky's favorite word to say in Congress is "Indiana." While staying out of the spotlight in Washington, he has been a champion for his Northwestern Indiana congressional district, bringing home millions of federal dollars to create jobs and win fans. Since the decline in manufacturing, new jobs have become essential for this Rult Belt region and Visclosky, from his position on the House Appropriations Committee, has sought to get as big a piece of the federal pie as he can for his constituents.

This hard work bringing home federal dollars has made Visclosky a national news name as his connection to a lobbying firm, the PMA Group, which represented many of the recipients of federal money earmarked by the congressman, has brought him under investigation by the FBI. In the past two weeks, Visclosky's offices and campaign committess have been subpoenaed and he has reliquished control of the Energy & Water Appropriations Subcommittee to Rep. Ed Pastor.

All of this is due to the connection between campaign contributions flowing from the PMA Group and their clients to Visclosky's campaigns and the millions of dollars in earmarks to PMA Group clients that Visclosky secured in his post on the powerful House Appropriations Committee. After studying campaign contribution data for 1998-2008 (compiled by the Center for Responsive Politics) and earmark data for FY2008 and FY2009 (from both Taxpayers for Common Sense and Legistorm), the connection between those PMA Group clients that contributed money to Visclosky's campaigns and the earmarks they received is clearly evident. The visualization below -- created by our terrific designer Kerry Mitchell -- shows how connected the earmarks are to the receipt of campaign contributions. Click on the image for a larger version:

Note: Due to the lack of earmark disclosure prior to 2007, earmark data is only reliable for the last two fiscal years -- FY2008 and FY2009. Thus, while showing ten years of campaign contribution data, we cannot show ten years of earmark data. There is little doubt that the earmark numbers would be dramatically higher had there been earmark disclosure prior to 2007.

Local Sunlight: April 24, 2009

Every week I climb into the depths of the local political blogosphere to find the Sunlight. I use this series to highlight local blogs that do a great job of covering local, state, and congressional political news.  This week I have highlights from New York, Ohio, Indiana, Pennsylvania and Illinois.

Rochester Turning in New York, has a post about former Congressman Tom Reynolds getting hired at a law firm.  Even though Reynolds isn’t a lawyer he was hired for the firms “Government Relations and Public Policy practice.”  Interestingly that sounds like lobbyist.   Good to see the revolving door in full swing.

In Ohio, Thurber's Thoughts has a post  about the mayor of Toledo, Carty Finkbeiner, not respecting open records laws. The post is about how several people have attempted to get information about various issues and their requests not being met.  The author is more outraged at the local paper for not catching on to the lack of openness until they wanted something.

Pennsyvania's Policy Blog talks about the cost of spending databases. The price for an online spending database is apparently not as high a barrier as some public officials thought.

In Illinois, Disarranging Mine about dealing locally with the lobbyists restrictions in the recovery bill. The story of how the lobbyist restrictions are being played out at the local level is pretty interesting.  I think the question is, if there is government money to be spent and there is no lobbyist there to hear about it does it get spent?

Advance Indiana about the new laws of lobbying disclosure just passed by the Indianapolis city council.  Apparently the definition of lobbying does not include entities looking for government contracts or grants.  Interesting.

Can You Hear Me Now?

Telecommunication industry giants AT&T, Microsoft and Verizon are lobbying hard to kill a data-breach notification bill in the Indiana statehouse, according to Chris Soghoian at CNET.com's Surveillance State blog. Many state legislatures are passing security breach notification laws as a response to the increasing number of governmental and corporate databases divulging personal identification information either by mistake or by criminal enterprise. The Indiana bill would set the state attorney general as the single point of contact for data breaches, who would then post a report on the breach on a Web site, setting a single place for citizens to go to find out about data breaches.

Soghoian reports that at a state Senate Committee meeting earlier this week, 10 lobbyists, most from the telecommunications industry, criticized the bill as setting up a system that would be vulnerable to online fraudsters. The bill's sponsors were the only people speaking in favor of the legislation. He said he expects the lobbyists will succeed at killing the Web site notification requirement in the bill. If money talks, and we know it does, then he is almost assuredly correct. By searching National Institute on Money in State Politics' database Followthemoney.org, you will see that during the last election cycle AT&T made over $172,000 in contributions to Indiana state office holders or candidates running for state office. Verizon made over $48,000 in contributions, while Microsoft gave $2,000. No matter the merits of the bill, the moneyed lobbyists have little fear of their voices not being heard load and clear.

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Local Sunlight

Every week I climb into the depths of the local political blogosphere to find the Sunlight. I use this series to highlight local blogs that do a great job of convering local, state, and Congressional political news. This week I have highlights from Arizona, Indiana, Maine, Nebraska, and South Dakota.

Read more