Whose responsibility is it to pay for access to public records?
The story out of California this week about its public records process, and how the state reimburses local governments for complying with the state's public records act, raises some difficult questions about how states and municipalities interface on certain transparency-related issues. How does a state determine when it owes its local governments for being open to the public? And just how is such a cost calculated? There are many aspects of the public records process that could be given a financial value: staff time, servers, software, paper, ink … and although California seems poised to change its policy of reimbursing local governments for costs related to public records, many questions remain. However the costs of public records are counted, the dollars and cents don’t address whether a state should be financing its local agencies' participation in transparency laws.
The latest news out of a rollercoaster week in California is that the legislature and Governor have responded to the outcry about the proposed slashing of public records requirements for local governments and seem to be in agreement that they will instead maintain the requirements and related funding.
Continue readingLocal Advocate Helps Amp Up Atlanta Open Meetings Law
States have complex levels of authority over municipalities, but that doesn't stop cities from crafting transparency reforms that lead locally and could impact state operations, too.
This week, Atlanta proved to be a great example of such leadership. The city council unanimously approved an amendment to the open meetings ordinance making it stronger than the language of Georgia's state law.
The events leading up to this change are explained in this story by Matthew Charles Cardinale of Atlanta Progressive News. Cardinale helped draft and push for the legislation after filing a lawsuit challenging closed-door sessions of city council committee meetings. Cardinale argued that there was case law, decided by the Court of Appeals of Georgia, supporting his position that even some meetings without a quorum of members have to be open to the public. State law only explicitly states that meetings with a quorum have to be open.
Continue readingWhat does California have against transparency in local government?
The California legislature is on the brink of cutting local governments loose from compliance to public records requests. If signed... View Article
Continue readingFrom Unconference Session to Open Data Policy
Here at Sunlight, we embrace the idea that brilliant work can grow from seeds sown during organically constructed, discussion-driven sessions -- the foundation of any unconference. Our own unconference, TransparencyCamp, has itself yielded the creation of the Brazilian civic hacking group Transparência Hackers and CityCamp, and has served for the launch pad for Waldo Jaquith’s OpenVA, a hub for new data and APIs for Virginia, AbreLatAm, an open data unconference in Uruguay, and even inspiration for Josh Tauberer’s “Open Data is Civic Capital: Best Practices for ‘Open Government Data'”.
But what happens when the seed you are trying to plant is legislative change? How do open government unconference attendees (a mix of engaged residents, city officials, and other civic players) help make a legislative seedling grow? What next steps should be taken? Moreover, how can engaged citizens help to promote open data?We've been thinking about these questions since Alisha Green and Rebecca Williams of Sunlight’s municipal team and Open States lead, James Turk, had the opportunity to sit in on an open data policy brainstorming discussion at CityCampNC in Raleigh, North Carolina, lead by open government guru and Code for America brigade captain, Jason Hibbets, and Raleigh Open Data Manager, Jason Hare. The “Statewide Open Data Policy” session was a popular and well attended one, and took place in every unconference’s coveted spot: the big room. Attendees included software developers, government staff members, members of local civic organizations, and civic hackers. It was a pleasure to see a session focused on open data policy-making because not only would the creation of such a policy directly support the work done at unconferences like CityCampNC, but because such a policy would have the chance to be made stronger by having so many of Raleigh’s relevant open data stakeholders assembled in one place at the same time. Below, we explore some of the strongest takeaways and lessons learned from approaching policy making in an unconference (or similar) setting.
Continue readingThe future of civic software reuse?
On Thursday June 6th at the Personal Democracy Forum (an annual conference exploring technology’s influence on politics and government), New York City’s Comptroller John Liu announced that the code behind Checkbook NYC 2.0, the city's transparency spending web portal, had been open-sourced and made available for forking on Checkbook NYC 2.0's github page. This is significant because (1) Checkbook 2.0 is enormous: it makes over $70 billion dollars in New York City spending available online in a timely, structured, and human-readable form, demonstrating that best practices in data disclosure can be followed even at scale; (2) it marks a shift to proactive civic application-sharing, by the way of the municipality’s desire to share the resources they’ve developed with other local (and even state) governments and NYC’s partnership with common municipal software vendors in this endeavor; and (3) it raises questions about what’s next for government transparency tools, civic software partnerships, and reuse.
Continue readingRecommendations for Stronger Zoning Data
Releasing zoning data is an important first step to developing a better public understanding about this local government process that impacts the most physical elements of neighborhoods. Having better standards for releasing this information could lead to even better understanding of zoning and its impacts, encouraging more reuse and analysis of the data in apps, news stories and beyond.
While zoning is an especially complex dataset because of its its many variables from city to city, among other reasons, there are a few steps cities could take to improve the quality of this data and its ability to be reused and analyzed. Many of these ideas can be found in our Open Data Policy Guidelines.
1. Mandate timeliness -- Releasing zoning data in a timely manner, and updating it when changes are made, gives people a chance to be aware of and react to changes that might impact them.
2. Use open formats -- Open, structured data helps encourage reuse and analysis, and for zoning data releasing several different kinds of open structured data might be helpful for different levels of users. CSV or XML files are formats that can be used for spreadsheets with zoning information. File formats specific to geospatial software, from shapefiles to GeoJSON, can help encourage the development of more advanced apps and mapping of zoning data.
Continue readingThe Impact of Opening Up Zoning Data
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.
Continue readingThe Landscape of Municipal Zoning Data
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.
The 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?
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.
Continue readingThe Impact of Opening up Lobbying Data
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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