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.”

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 last half of January 2009:

Streaming videos put government in modern light
Jan. 22, 2009, The Boston Globe, Rachel Lebeaux

Aarticle about Franklin posting videos of meetings on town website. (Okay- full disclosure- I am quoted in it. BTW, my official status with Common Cause Massachusetts is as a volunteer member of the governing board.)

Says T&G is right in dispute with WPD
Jan. 25, 2009, Worcester Telegram and Gazette, Letter to the Editor

Letter to the Editor from Ron Madnick, Director, Worcester County Chapter of the ACLU of Massachusetts weighing in on the public records dispute between the Worcester T&G and the Worcester Police Department .

Exit DiMasi
Jan. 27, 2009, Worcester Telegram and Gazette, Editorial

Among other things, calling on the legislature, which exempted itself from the public records law and the open meeting law., to let more sunshine into its proceedings.

DeLeo’s Turn Veteran Pol Must Show He’s Serious About Reform
Jan. 28, 2009, Worcester Telegram and Gazette, Editorial

“A critical flaw in legislative governance is the lack of transparency. Because the Legislature has exempted itself from the state’s Open Meeting Law and many of the provisions of laws pertaining to public records — and much of the decision-making takes place behind closed doors — it is hard for average citizens and even rank-and-file lawmakers to keep tabs on the process.”

Around Town: Select board Members Back From Conference With Spate of New Ideas
Jan. 30, 2009, Amherst Bulletin, Scott Merzbach

Mentions open meeting law training Amherst Select Board members received at MMA conference: “At the Open Meeting Law seminar, O'Keeffe said she was advised that informal subcommittees, even ones without a majority of the main board present, should be treated just like other meetings.”

What's New In Open Government...

A continuing series linking to reports and stories about open government issues around Massachusetts. I was in Washington, D.C., for about a week to attend the inauguration and visit with friends. I have been trying to catch up ever since. The following are listings posted to the web from the end of December 2008 until mid January 2009:

ACLU calling for B-R recruiting records
Dec. 26, 2008, Gate House News Service, Susan Parkou Weinstein

Article about ACLU’s attempt to obtain records from the local school committee relating to military recruiters’ access to Bridgewater Raynham high school students and the difficulty it has had.

Massport holds its cards close
Jan. 4, 2009, The Boston Globe, Nosh Berman

Includes discussion about frequent executive sessions by Massport Board.

Internet Tools For E-democracy In Urban Planning
(source:goodspeedupdate.com)
Jan. 7, 2009, Open-source wonen

References Common Cause Massachusetts Campaign for Open Government.

Council sends right message on ‘executive session’ leaks
Jan. 8, 2009, Worcester Telegram and Gazette, Editorial Footnote

Commenting that the Worcester City Council correctly passed rule that would refer to the State Ethics Commission any cases in which an official is found to have leaked information discussed in an executive session.

Public or private? Meeting-notice shifts led to 2nd School Committee retreat
Jan. 10, 2009, YourArlington.com, Bob Sprague

Article about attempts to keep an Arlington school committee retreat private.
Maybe the best thing would be to recognize that most meetings of a public body should be public.

Fleury's posts filled in Pelham
Jan. 16, 2009, Amherst Bulletin, Mary Carey

Example of use of exemption to go into executive session.

Middleboro: Home of Mushroom Farming
Jan. 18, 2009, Middleboro Review Blog

Musings about town website and public records. “Just when you think Middleboro might be moving forward, making progress and moving into the appropriate century, you realize that the dinosaurs have prevailed!”

ACLU Public Records Request Still Unanswered, State Sends Second Letter to City Seeking Explanation
Jan. 21, 2009, Worcester Independent Media Center blog

Posting about City Manager’s apparent failure to respond to a public records request by the Worcester ACLU.