When the 82 Legislature gavels into session next January, one issue the Freedom of Information Foundation of Texas will be urging lawmakers to seriously consider is a simple, standardized records retention policy for agencies, office holders and commissions. Such a policy is needed to not only protect taxpayers, who have a right to retrieve information about how their government is operating after the fact, but to also provide ‘the facts’ necessary to clear the names of officials or employees who might be wrongfully accused of improprieties. Without official documents, accusations and innuendos are simply that: an exercise in finger-pointing and ‘he-said she-said’ verbal sparring often without just conclusion. Consider this: a new chair is appointed by the Governor to the controversial Texas Forensic Science Commission and one of his first officials acts is “…asking his fellow commissioners to destroy most of their emails after a day.” Or the most recent example, a North Texas state representative is discovered to be double-dipping on state travel payments and he admits it’s been going on longer than he can remember and official records only exist for the last five years. Please ask your elected state representative to stand with us in correcting this serious flaw in Texas government accountability.

Earlier in his career, Adam Munoz, Jr. was a local sheriff.  But today, as executive director of the Texas Commission on Jail Standards, Munoz is facing possible time in the slammer himself for apparently doing what he thought was part of his job:  he released the jail intake form of an inmate who allegedly committed suicide at the Nueces County Jail last February, in response to a public information request from two Corpus Christi reporters.  It angered Nueces County Sheriff Jim Kaelin who insists the form wasn’t Munoz’ to release. It was part of an ongoing criminal investigation, according to Kaelin who says the document was exempt from disclosure under the law and should not have been released. The Sheriff complained to Munoz’ bosses, the jail standard commission’s board, but they cleared him of any wrongdoing. Then Sheriff Kaelin appealed to the local D.A. who convinced a grand jury to indict the state official with two federal counts of misusing official information. Munoz is now facing possible jail time and understandably isn’t talking publicly about the charges. His attorney, Rene Rodriguez, however is talking and accusing the Sheriff of unethical behavior “…by acting as both the victim in this case and the investigator pursuing charges…”

When it comes to handling public business we believe Texas taxpayers deserve better.  They deserve to know, for example, what their elected Governor does as the state’s top official, “officially” ,on their behalf.  But Rick Perry sees it differently.  He says, ” he simply doesn’t write down much of his work for the state.”  But why not?  Isn’t the Governor accountable to the citizens of Texas?  Shouldn’t it be public record who the Governor meets with, where, for how long and for what purpose?  Isn’t it reasonable for taxpayers to know, for example, how much “travel” or “out of office” business the Governor might be conducting requiring potential extra security costs that taxpayers also pay for?  Some believe “Perry’s Self-Defeating Secrecy” may be creating political concerns.  Others argue “Perry’s Spare Schedule Feeds Transparency Concerns.“  We agree.

Members of the Georgetown City Council should be furious. The City Attorney they appointed has committed taxpayers to a potentially expensive lawsuit, against the Texas Attorney General - without their knowledge!  Why? Because Greg Abbott ruled that portions of Mark Sokolow’s job evaluation must be released to the public as requested by the investigative reporting website Austin Bulldog. Georgetown taxpayers pay Sokolow’s salary to advise the Georgetown City Council on legal matters in the best interest of the people of Georgetown - not to take them in his own hands.  Taxpayers have a RIGHT to know whether he, or any other public servant,  is doing a satisfactory job or not – and they should demand he repay the city any unapproved legal expenses. Imagine that.

While most people never give a second thought to how government operates or whether it’s really serving the taxpayers who pay the bills, Houston attorney Joe Larsen is an exception. Larsen has been working in the open government trenches for decades and tirelessly serves as a hot-line volunteer for the Freedom of Information Foundation of Texas. He’s considered one of the best at what he does and there’s a very good reason why.

Simply, Joe knows his stuff. He also says what he means and means what he says.  He is also a tireless champion when it comes to ensuring information is available to the public, fighting to keep governmental meetings open and insisting that governmental entities operate in the sunshine – not in the dark.

So when Joe Larsen says “transparency in Texas is in a state of crisis,” the people of Texas should listen!

There’s a lot of talk these days about transparency – especially when it comes to tracking financial information.  But what information should be put online and in what format?  Should it be searchable allowing taxpayers the right to analyze and sort data as they wish?  The answer is yes – and as much information as possible should be made available online.  Afterall, if government is going to spend money provided by taxpayers – shouldn’t taxpayers be allowed to know exactly what, when and how their tax money is being spent?  We believe check-register information should be online at a minimum.

The passing of former Governor Dolph Briscoe last month gave us all reason for reflection on just how far Texas has come in the ongoing struggle for transparency and open government. Admittedly there have been many victories in comparison to other states. There have also been losses that have left the public in the dark. And make no mistake about it, this battle is far from over. Consider some of the challenges looming on today’s horizon: public business conducted on private email accounts, mobile phone text messaging or through voice mail messages that quickly get erased; a checkerboard system of public records retention policies that change as quickly as Texas’ weather; and, private companies that can legally be encouraged to shelter public information from public view as third party vendors who are all too often exempt from open government laws. But perhaps the granddaddy of them all is an effort by elected public officials to strike down legal penalties when they violate the law.

Freedom of Information Foundation

to Hold Annual FOI Conference In Austin

The Freedom of Information Foundation of Texas will hold its 2010 Bernard and Audre Raporport State Conference on Friday, August 13 at the Renaissance Hotel in Austin. This year’s theme is Open Government: Navigating Digital Dangers.

Texas Attorney General Greg Abbott will be the conference’s Luncheon Keynote Speaker.

The highlight of Friday’s program will be the John Henry Faulk Awards Luncheon and the presentation of the James Madison Award to Joe Larsen, a veteran advocate of open government and Special Counsel for Sedgwick, Detert, Moran & Arnold, LLP in Houston.

“I can’t think of a more qualified and deserving recipient of this distinguished award than Joe Larsen,” said Laura Prather, an attorney and president of the Freedom of Information Foundation of Texas.  “Joe epitomizes a public information warrior who has spent much of his professional career tirelessly fighting for the public’s right to know.”

This award is given annually to honor those who have demonstrated outstanding commitment and service in upholding the principles of the First Amendment.  In addition, the State Bar of Texas will award recipients of their 2010 Texas Gavel Awards honoring journalistic excellence that helps foster public understanding of the legal system.

This year’s annual program will also include:

Session I: Tweet It, Txt it, Post It on Facebook — It’s Social, But Is It Public?

Moderator: Robert Quigley, social media editor, Austin American Statesman.  Panelists include Amanda Crawford, Chief of the Open Records Division, Josh Baugh, City Hall reporter for the San Antonio Express-News and Elise Hu, political reporter who specializes in multimedia projects for the Texas Tribune.

Session II: What you Need to Know

Moderator: Ross Ramsey, managing editor, Texas Tribune and editor, Texas Weekly. Panelists include Pete Slover, Governance Counsel, Pedernales Electric Cooperative; Matt Stiles, reporter and CAR expert, Texas Tribune; Hadassah Schloss, Cost Rules Administrator, Open Records Division, Attorney General’s Office.

Session III: Keeping Government Open: It Takes a Village

Moderator: Wanda G. Cash, clinical professor, School of Journalism, University of Texas at Austin. Panelists: Gary Chapman, director of the 21st Century Project, LBJ School of Public Affairs; Evan Smith, editor-in-chief and CEO, Texas Tribune; Doug Toney, chairman of the TDNA/TPA Legislative Advisory Committee.

The cost of the total conference, including the Keynote John Henry Faulk Awards Luncheon, and all sessions, is $100 and the awards luncheon only is $75 per person. To register, please visit www.foift.org or call the FOIFT office at 512.377.1575.

The Freedom of Information Foundation of Texas is a nonprofit 501(c)(3) organization supported through grants from private citizens, corporations, foundations, and tax-deductible donations. For more information, call 512.377.1575, or write 3001 N. Lamar # 302, Austin, TX 78705.

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We’ve written before about the ongoing feud between the San Antonio Express-News, Bexar County Commissioner Tommy Adkisson and Texas Attorney General Greg Abbott. What we haven’t done, however, is tell Commissioner Adkisson’s side of this issue: why he does not believe emails discussing public issues on personal email accounts should be considered public information – subject to disclosure under the Texas Public Information Act. Now, thanks to Texas Watchdog we can.

Texas Attorney General Greg Abbott is defending the constitutionality of the Texas Open Meetings ACT (TOMA), arguing that “The First Amendment protects citizens against government oppression – not government against citizen oversight.”  The Freedom of Information Foundation of Texas couldn’t agree more.

In a brief filed in the Western District of Texas United States District Court July 12, General Abbott goes on to say “Open government laws are based on the same premise:  that public officials work for the people.  For these reasons, openness in government is a First Amendment virtue, not a First Amendment violation.”   FOIFT stands strongly with the AG in support of this position and has filed an amicus brief in support. Click here for more details.