What's New In Open Government...

A continuing series linking to reports and stories on the web about open government issues around Massachusetts. The following are stories about open government issues that appeared during the first half of February 2009:

Mandatory Transparency Training To Be Held For Brookline Officials
Feb. 1, 2009, The Brookline Tab
Article about mandatory training of newly elected officials in state’s conflict of interest law and open meeting law. The 2006 bylaw that requires the training can be found at this link, section 3.20.

ACLU Chronology of Pools, Parks, Beaches Photography Policy Request
Feb. 2, 2009, Worcester IMC
Timeline apparently describing efforts by the Worcester ACLU to obtain a copy of a policy prohibiting photographs at Worcester public pools. Of particular interest is the bit describing what happened with the public records request complaint filed with the Supervisor of Public Records:

12/4/2008
We made a formal freedom of information request to the City Manager
by letter.
12/19/2008
We wrote to the state supervisor of public records
giving him the details.
1/13/2009
We received a letter from the supervisor
of public records which stated on December 23, 2008, his staff wrote to the City
Manager. As of January 13, 2009, there was no response. The supervisor mentioned
that we could petition the superior court. His office cannot evaluate the nature
of the record if the custodian has failed to respond with the time frame of ten
days, has failed to produce any records, or has failed to claim a valid
exemption to the public records law.

Massachusetts Transparency Review
Discovered Feb. 3, 2009
This appears to be a new blog on open governmnet issues. It describes itself in the following way:

When you think transparency, think accountability of the government to the
people it is designed to serve. The Massachusetts Transparency Review endeavors
to further the cause of open and efficient government by expanding the community
of like-minded individuals reading and contributing to it, thus transforming the
public dialog. If you are sympathetic to this ideal, please consider
contributing as an author. We want to grow the community!!!!

Massachusetts Transparency Review, About page, Feb. 3, 2009

Proposed Massachusetts Public Records law may be thin gruel
Feb. 5, 2009, New England First Amendment Center, Coleman Herman
Post advocates for changes in the Publics Record Law to cover the legislature, and the judiciary branch and the governor’s office.

Middleboro selectmen release executive session minutes
Feb. 5, 2009, Enterprise News, Alice C. Elwell
First, full disclosure- I found this article via a post on the Middleboro Review blog, which I found via the State Sunshine and Open Records blog. The original article refers to a decision by the Middleboro Board of Selectmen and in particular, their new chair, to finally release the minutes of a number of meetings held in executive session. Apparently, the Board was not aware that the minutes had to be released once the reason for the executive session was no longer valid.

Less-than-public records
Feb. 8, 2009, The Boston Globe, Editorial
Supporting Rep. Antonio Cabral of New Bedford’s proposed legislation to make improvements to the Massachusetts Public Records law and calling for even more reform.

Power plant fixes will cost ratepayers
Feb. 10, 2009, The Sandwich Broadsider, Paul Babin
According to the article, the Board of Selectmen met with officials of the local power plant, Canal Station, in executive session. The article states that, according to the selectmen, the executive session was held on the grounds of “litigation strategy,” and “valuation and disposition of real property.” The article also states that Cape Clean Air is “filing an open meeting law complaint with the Cape and Islands District Attorney’s Office.”

Let the Judge Decide…
Feb. 12, 2009, Only in the Republic of Amherst Blog, Larry Kelley
Blog posting about a public records request and complaint with the Supervisor of Public Records. Contains a copy of the complaint, the request, and the town’s response.

Advice & Dissent: Public Records Flaws
Feb. 14, 2009, The Boston Globe, Editorial Board
Discussing reader responses to Globe Editorial in support of changes to the Public Records Law, including one reader who needed to express the viewpoint of the “other side.”