As stated in the note from the Sunlight Foundation′s Board Chair, as of September 2020 the Sunlight Foundation is no longer active. This site is maintained as a static archive only.

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Tag Archive: OpenGov

The Impact of Opening Up Zoning Data

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The content, format, and quality of the zoning information municipalities share varies widely. Posting this information online empowers policymakers to better understand the impact of their decisions and allows people to provide accountability on the process. Access to this information can also help people understand what they are or are not allowed to do -- but zoning data, even in an open format, is not always easy to understand. Thankfully, having this data publicly available has also enabled applications and news stories that contextualize the information and show people just how zoning regulations and processes can impact them.

Take a look, for example, at Second City Zoning created by the folks at Open City Apps in Chicago, Illinois. This app breaks down complex zoning regulations into categories that would make sense to someone who's not at all familiar with Chicago's specific codes. Users can look at the city's zoning by type (residential, commercial, or industrial) and by special purpose districts, such as planned development, transportation, parks, and open space. Hovering a computer mouse over any of these categories also reveals a short pop-up explanation of what that category means. Clicking on the interactive map allows users to see what exists on a certain section of land, ranging from parks and playgrounds to shopping centers and tall buildings. Visualizing zoning data in this way enables people to easily see what zoning regulations mean in practice, and it allows them to research how different zoning might lead to a changed landscape. Second City Zoning's About section also has explanations related to the zoning processes and regulations, further empowering users to understand just what this complex dataset can mean in practice.

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National Day of Civic Hacking 2013

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This past weekend, over 11,000 individuals connected under the helm of the National Day of Civic Hacking (NDoCH) -- a series of local #HackForChange hackathons, unconferences, and meeting of the minds that engaged local communities with open data, code, and tech.

From what we can tell, the NDoCH events were magnetic, drawing together participation from local (and traveling) developers, government officials (including a few mayors!), community leaders, and even 21 federal agencies. The vibe of this national organization not only encouraged a sort of: "If you can't hack with the city you reside in, hack with the one you're physically located in," but also further encouraged cross-pollination of civic applications from community to community (For more highlights from the national scene, check out this Storify feed.) Although Sunlight wasn’t able to attend every one of the 95 events held this past weekend, the events we did attend taught us quite a bit. Below, we’ve rounded up our reflections, recaps, and geeky highlights from the festivities in Baltimore, DC, Montgomery County, North Carolina, and Western Massachusetts.

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The Landscape of Municipal Zoning Data

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Zoning impacts the most physical elements of communities and impacts people's daily lives. When it comes to being transparent about the zoning process and its outcomes, many local governments are posting information -- one way or another -- on their websites. It's a varied landscape, but it is worth assessing to see where there might be room for improvement.

WHAT WE TALK ABOUT WHEN WE TALK ABOUT ZONING

It's not surprising, in a way, that so many local governments choose to proactively release various kinds of information related to zoning. Zoning regulations can impact everything from what can be built and where it can be built to how it can be built and more. How a lot is zoned doesn't just determine whether that land can be used for commercial or residential purposes (or something else entirely) -- it can also determine the very structure of buildings down to details like height and square footage. Zoning and planning ordinances can even impact how close certain kinds of buildings may be to one another -- schools and liquor stores are one example of a spatial relationship that is sometimes regulated. Zoning has an impact on many of the most concrete aspects of a municipality, and this makes it an issue that's of interest to residents, business owners, developers, and many other groups. This means zoning can also be a prime target for people who want to game the system to obtain influence over this important aspect of cities.

Madison-street-viewThe zoning process generally consists of elected or appointed officials making decisions about how land can be used and the specifications of structures. It has a direct impact on the shape communities take. The zoning process, and what it controls, however, varies from place to place. That means it's important for each municipality to be clear about what its process is so policymakers, residents, and businesses alike can all understand this powerful issue. For this look into the landscape of zoning data, we're including information most directly related to the process and its outcomes. We're not including other data that might be tied to land parcels, like data about tax breaks or special tax zones. Not all zoning data is created equal, of course. Some cities simply release a list of the ordinances related to zoning, others release PDF maps of how land parcels are zoned, and some have interactive maps with layers of information. To have open zoning data, a municipality should have structured data available online that makes it easy for people to analyze and reuse -- in addition to information that enables people to understand the zoning process.

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When Are Public Officials’ Calls and Emails Public Records?

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Public officials are elected or appointed to do the people's business, but what happens to transparency when they do that business through private channels? There have been cases across the country revolving around public officials using private methods of communication -- like personal email accounts or cell phones -- to conduct public business. When citizens request to know more about business done by their representatives, these private communications have, at times, served as blocks to the public's right to access information. As some of these cases are being decided in courts, we've seen a wide variety of responses from state and local governments about how to handle this public records issue.

In Alaska, such a case made it all the way to that state's Supreme Court. A citizen questioned the practice of former Governor Sarah Palin using a personal email account to conduct public business. Alaska's Supreme Court decided that if the state's employees use personal email for public business, those records must be made available to the public.

At least one government body on the other side of the country reached a similar conclusion about the value of keeping public business in the public record. The Washington, D.C., council voted to require members and employees to conduct public business on their public accounts. This move came after an open government group sued the council for not sharing public business done on personal accounts. The Mayor has also directed government employees to stay away from using personal email accounts for official business.

Not all government bodies are moving toward requiring this kind of disclosure, unfortunately.

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The Impact of Opening up Lobbying Data

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We found a varied landscape when we explored what cities include in releases of lobbying data and how they release it, but one thing is clear: Disclosing and contextualizing lobbying data can have a high impact on a community. Journalists and other watchdogs who dig into municipal lobbying information have unearthed a wide range of stories illustrating the relationships between money, access to power, and the decisions made by those who have power. Raw lobbying information alone doesn't necessarily make for an insightful story about the world of political influence, but it's a key data set that is essential to revealing these kinds of narratives.

This is especially clear in Philadelphia, where information from the city's lobbying registrations and quarterly reports have been pulled into a searchable, sortable database called Lobbying.ph. Casey Thomas, a Philadelphia developer, was part of the team that created Lobbying.ph at a local hackathon in February 2012, and he expanded on it before joining AxisPhilly, a non-profit news organization, later that year. AxisPhilly now houses and maintains the project.

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Evaluating Municipal Lobbying Data: Philadelphia

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Philadelphia-sculpture

“Consistent” is not the first word one would use to describe the landscape of lobbying data released by municipalities. As revealed by our research, the formats and range of information local governments collect and disclose about lobbying activity varies quite a bit from one community context to another. After exploring the best practices for collecting and releasing this information, we created and recently published a Municipal Lobbying Data Guidebook. This guide addresses not only what kinds of information should be included in an ideal lobbying dataset, but also information about how that data should be collected and shared, regulated, and examples of the impact of having this information made available in an open way. (Something we’ll continue to explore in future posts.)

So how do municipalities measure up to these standards? We took a close look at three cities -- Austin, Chicago, and Philadelphia -- to explore what they’re doing well and where their lobbying disclosure can improve.

We've already covered Austin and Chicago. Now we turn to look at Philadelphia, which is a unique case in this set of cities.

WHAT COULD (AND WAS SUPPOSED TO) BE

Philadelphia's online lobbying disclosures were never supposed to look like they do now. When the lobbying disclosure law passed in 2010, the city contracted for software that would utilize electronic filing and share the information in a searchable format -- a requirement under the new law. The city had to cancel that contract, though, when the vendor failed to produce working software for the lobbying portal.

The city's current lobbying disclosure website is a temporary solution. Philadelphia recently put out a notice of intent to contract* for a new website with Acclaim Systems Inc -- the same company working on the state of Pennsylvania's lobbying disclosure system. The RFP for Philadelphia's new website includes a call for the use of unique ID numbers for filers; a way to publish registrations and expense reports "as PDFs and as data to the public searchable site"; user ability to search and download registration and expense reports "easily via the Internet" and to generate PDFs for each of these; and to create an online directory of lobbyists with photos.

The goal is essentially to have Philadelphia's website meet the two stipulations called for in the lobbying disclosure law: e-filing and searchability. The RFP calls for a system "that can be designed and implemented in a four-month timeframe or less," so if the contract receives final approval soon the site could be up this year.

Having some information available in the meantime is better than having none at all. We evaluate the current website with this in mind and with an eye toward how the next iteration of the website that comes after this placeholder might look.

WHAT EXISTS NOW

I. What data is available

Philadelphia links to its lobbying information from a webpage on its Board of Ethics site. It makes registration and reporting forms and instructions available. It also posts some completed lobbying registrations and expense reports.

The lobbying registration forms require the date of registration, the lobbyist name, address, and contact information, details about any affiliated political action committees or candidate political committees, and the name, address, and contact information for any principals or lobbying firms. This level of detail is in line with Sunlight’s Guidebook recommendations.

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Evaluating Municipal Lobbying Data: Chicago

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Chicago-skyline

“Consistent” is not the first word one would use to describe the landscape of lobbying data released by municipalities. As revealed by our research, the formats and range of information local governments collect and disclose about lobbying activity varies quite a bit from one community context to another. After exploring the best practices for collecting and releasing this information, we created and recently published a Municipal Lobbying Data Guidebook. This guide addresses not only what kinds of information should be included in an ideal lobbying dataset, but also information about how that data should be collected and shared, regulated, and examples of the impact of having this information made available in an open way. (Something we’ll continue to explore in future posts.)

So how do municipalities measure up to these standards? We took a close look at three cities -- Austin, Chicago, and Philadelphia -- to explore what they’re doing well and where their lobbying disclosure can improve.

Last week we covered Austin. Now we turn to Chicago.

I. What data is available

Chicago has two hubs for its information related to lobbying: One is on the Board of Ethics website, and the other is in its data portal, though you can also find these records in the reports section of the Electronic Lobbyist Filing System, which links to a search function and back to the data portal. As we noted when we surveyed the landscape of municipal lobbying data, Chicago appears to release some of the most detailed lobbyist data among U.S. cities. The city's data portal contains information about registered lobbyists, activity, compensation, gifts, expenditures, and termination. Many cities don't collect this much detailed information, let alone post it online.

This data includes many of the form fields mentioned in our Guidebook and some further levels of detail. Registration and termination forms for 2013 include lobbyist names, addresses, and contact information; the filing date and termination date, if relevant; and client information including their address, contact information and industry.

Activity reports include the name of the agency contacted by the lobbyist along with the client being represented and the topic of the action requested. The reports also show how many administrative or legislative actions were requested.

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Supreme Court FOI Decision Foolish and Shortsighted

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Yesterday, the U.S. Supreme Court upheld a Virginia law that generally prohibits non-Virginians from making use of its Freedom of Information law. As part of its decision in McBurney v. Young, the Court held that the Constitution's Article IV "Privileges and Immunities" clause does not extend to a non-Virginian's right to access public information on equal terms with Virginia citizens. The Constitution says that "the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States," and the clause was intended to prevent a state from treating citizens of another state in a discriminatory manner. This ruling allows states like Virginia, Delaware, New Hampshire, and Tennessee to continue to make the benefits of their freedom of information laws available only to their citizens. The Court squares this logical circle by concluding that the access to public information made available under state FOI laws are not "basic to the maintenance or well-being of the Union," and thus not a "fundamental" privilege or immunity the Constitution was intended to protect. It baldly states, without evidence, that "there is no contention that the Nation's unity founded in [the absence of FOIA laws prior to the 1960s], or that it is suffering now because of the citizens-only FOIA provisions that several States have enacted."

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