Freedom of Information -- UPDATE
Government officials will turn out in force -- or at least turn out whispering in the hallways -- to oppose HB 1520 in committee today. It would make it easier to get attorney fees for plaintiffs who substantially prevail in Freedom of Information Act lawsuits and allow the state and its agencies to pay the fees. Word is that Attorney General Dustin McDaniel is among those with objections to the bill. Say it ain't so, Dustin.
Local government lobbyists naturally oppose it because the petty despots that run local courthouses and city halls are accustomed to playing hardball with unwashed citizens seeking public information and open meetings. If it were up to them, they'd impose a loser pays rule on FOI suits. Or repeal the whole act altogether.
AND SPEAKING OF THE FOI: I'm in receipt of a letter written in behalf of a group raising environmental objections to a water pipeline planned in South Arkansas. It is to be the subject of a closed meeting today between proponents of the pipeline and Teresa Marks, director of the Department of Environmental Quality. The letter notes that two members of the El Dorado Water and Sewer Commission are scheduled to be in the meeting. If that's so, the meeting can't be held in secret. Presumably Ms. Marks will allow representatives of the Save the Ouachita group attend the meeting under these circumstances. It's at 1 p.m. today.
UPDATE: The FOI legal fees bill -- which grew out of a Fort Smith case of secret government -- failed on an 8-9 vote. I'm going to try to scare up a roll call. Opponents tried to kill it first with an amendment to protect public officials who made a "good faith" effort to comply. Does that mean they in good faith thought they did right in slamming shut the door to a meeting or in refusing to produce documents? I'm going to dig up the "no" votes.
UPDATE II:
Good guys: Evans, Pate, Edwards, Adcock, Brown, Cheatham, Greenberg, Wood.
Bad guys: Jeffery, Hardwick, Pace, Harris, Green, Reynolds, Lovell, Hall, Saunders.







Comments
As I understand it, under current law, the taxpayers pick up the tab for the government's lawyers in FOIA litigation, win or lose. This bill would have them reimburse citizens only if they win FOIA cases after they have to secure their rights by taking bureaucrats to court.
It is somewhat ironic that HB1732 in the House Agriculture Committee this morning would create yet another exemption to the coverage of the Arkansas FOIA.
ARK. BLOG: Right. But I'm thinking these bozos would like to have the law reimburse the state for their time if a plaintiff lost. Just to add a further punitive touch to anyone who presumed government should be open.
Posted by: Cassandra
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February 28, 2007 09:03 AM
The good-ole boys have been chipping away at FOI forever. In fact, it took the anger of the 60s to pry open those closed smoke filled rooms. And, the cockroaches have been trying to slam the doors shut ever since...guess the sunshine is too much for em. Looks like it's going to take another revolution to remind them that they work for us and their business IS our business.
This is a no-brainer: A successful suit to gain legal access to public information shouldn't cost the citizen who's rightfully exercised their civic duty. It SHOULD cost, in one way or another, the ignorant official who has wrongly denied a citizen access to the information that legally and morally belongs to him/her.
When Clinton became president he opened government by saying that if information 'could' be given to the public it should be given. When monkeyboy took office...he did the polar opposite. Huck too. I can find NO redeeming qualities in today's crop of Republican politicians.
Posted by: zelda
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February 28, 2007 09:19 AM
I don't see that McDaniel supports the FOI. When Beebe was the AG the FOI was on the home page of his website a number of times. McDaniel's does not and you have to search for it under Laws/Acts. It is listed on the same page as Tobacco Acts and Law Links.
Speaking of the FOI you might want to look at HB2217. It would require school districts to post on their websites the time and place for regular board meetings. Now if it would also require the public notification for special meetings. Since public education spends your tax money I think you should be informed about when and where school business is taking place.
Posted by: saywhat
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February 28, 2007 10:43 AM
AG is a position that affords a lot of good media attention. In recent years it's proved a stepping stone to name recognition and higher office. I assume McDaniel eyes the Governor's office or a Senate seat down the line.
For his own political good, he should be doing the right thing for the people at every opportunity. It never looks good to work on helping politicians keep things out of the daylight.
Posted by: Spirit
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February 28, 2007 12:03 PM
It's a damn shame to see the "David Harris" bill, HB 1520 go down to defeat. Please do get a roll call vote so we can write down who hates Arkansas and its people.
But what else can we expect in the Bush era of "None-ya." It's not about Democrats or Republicans, it's about secrecy and protection for the rich and powerful.
An FOI suit is much nicer than a sniper in a tower. History shows when a population loses all power and feels oppressed, violence is around the next corner.
A few Baghdad style bombings cost much less than an FOI suit. Someone will figure blowing the doors off the halls of power is quicker and cheaper than prying them open with a law suit.
America is going forward in technology, but backwards in everything else. Gitmo is an experiment in bringing back debtor's prison. Remember Blanche and Mark when you open up your next credit card bill.
And thanks 10,000 times to David Harris, no doubt the last average citizen in Arkansas who will ever bring an FOI lawsuit.
Posted by: Deathbyinches
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February 28, 2007 12:32 PM
Reps. Sumpter, Harrelson, and Wagner are also listed as members of that committee. Were they AWOL or merely sitting on their hands when the roll was called?
The citizens and journalists of West Memphis, Texarkana, Blytheville, Siloam Springs, Bentonville, Lowell, Van Buren, Camden, Heber Springs, Helena, Hot Springs, and Marked Tree who care about open government should remember their representatives who killed this bill.
Posted by: Cassandra
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February 28, 2007 12:53 PM
Just got my invitation to a "Re-Election Campaign Kick-Off Salute To U.S. Senator Mark Pryor" at the Little Rock Peabody March 10.
I guess he thinks I've forgotten his support of an Independent over the Democratic nominee in that Connecticut Senate race.
Posted by: Spirit
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February 28, 2007 01:15 PM
I was in Senate Judiciary running HB1362 and HB1130. I'm sorry I missed. If it comes back up, I'll vote in favor of it.
Posted by: Steve Harrelson
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February 28, 2007 01:23 PM
I did too, Spirit...
I read with amusement all of the names plastered all over it...
It is currently sitting in the recycle bin...
Yes, he indeed has forgotten about a lot of things: praising Monkeyboy at a prayer breakfast, Gang of 14 (what a joke), Leave-here-man, voting with the GOP 83% of the time...need I go on?
Posted by: rosso
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February 28, 2007 02:40 PM