An early look at transparency bills in the 2011 Oklahoma Legislature
The bill filing deadline for the Legislature was last week, so those who follow state government are wading through the more than 2,000 bills or resolutions filed. The session kicks off at noon Feb. 7.
As is the case every session, expect these initial bills to be changed significantly along the way. Some will die after not being heard in committee. The language in some will magically reappear later in the session under another bill number, sometimes by another member. It’s like a giant game of Whac-A-Mole.
Here’s a few I’ve got my eye on, with a hat tip to Mark Thomas at the Oklahoma Press Association. He briefed members of Freedom of Information Oklahoma Inc. over the weekend.***
If you know of any that should be added to the list, drop me a line in the comments section below.
Click on the bill number for the full text
Subject: Records of county officers
Author: Sanders
Summary: This takes some authority away from county clerks and puts each county office holder in charge of destroying records after a period of time.
Subject: Electric Utility Data Protection Act
Author: Sears
Summary: Regulates data disclosures from those new electric “Smart Meters” that are popping up all across the state.
Subject: Public bodies
Author: Murphey
Summary: Would make the Legislature subject to the Oklahoma Open Records and Open Meetings Act. It adds an exception to the law for correspondence between lawmakers and constituents (but not correspondence between lawmakers and lobbyists). See the FOI Oklahoma blog for more.
Subject: Public bodies
Author: Renegar
Summary: This is similar in scope to HB 1085 above.
Subject: School district information online
Author: Brumbaugh
Summary: This would add more information to the School District Transparency Act, which passed last year and puts certain financial information of school districts on a website. The site is supposed to be up and running by the end of this month.
Brumbaugh’s bill would expand the disclosure to “direct and indirect costs” of education, including contributions to the Teachers Retirement System. It also directs the state Department of Education to create “benchmarks” to compare the costs of private and public education.
Subject: First responders and recording devices
Author: Shelton
Summary: This would make it a crime for first responders such as police, ambulance drivers and paramedics to take video or pictures at an accident scene and post them to public websites or send them to other people. It appears this is in response to the scuffle caught on tape a few years ago between a paramedic and a trooper.
Subject: Exemption to attorney-client privilege
Author: Jordan
Summary: This would take out an exemption for attorney-client communications if they are between a public official or agency and its attorney.
Subject: Alcoholic Beverage Laws Enforcement Commission
Author: Fourkiller
Summary: Adds the Oklahoma Alcoholic Beverage Laws Enforcement Commission to a list of other law-enforcement agencies whose information or evidence are not public if used by the Oklahoma Tax Commission.
Subject: Open Books
Author: Sean Roberts
Summary: Adds to the information on the state’s Open Books website by amending the Taxpayer Transparency Act. It would require each agency to provide a “line-item expense report” of all spending.
The bill also amends state law to prohibit elected agency directors from giving raises to employees in the period from just before an election until swearing-in day. It would appear to outlaw the raises that went on in the “lame-duck” period for departing agency heads that I wrote about in December.
Subject: Lobbyists
Author: Blackwell
Summary: Requires public employees who lobby for state agencies to register as lobbyists with the state Ethics Commission. Currently, agency lobbyists are exempt from registration requirements.
Subject: Public records
Author: Jackson
Summary: Adds a section to the Open Records Act that expressly stops government entities from asking requesters to fill out forms to request records. It also prohibits government from asking the purpose of a request or requiring a name of the requester.
Subject: Public records
Author: Reynolds
Summary: Adds a time period to the Open Records Act. Currently, public bodies must provide “prompt, reasonable access” to records. This bill would set up 30-day and 60-day deadlines. It sounds good in theory, but in my experience, many agencies or governments would want to use that entire 30-day period to respond.
The bill also expands the Open Records Act to cover private contractors who do business with the state. Another section of the bill requires that “convenience fees” assessed for online services go to the state agency to recover costs before they go to the private contractor providing the online website. This would appear to hit the state’s website operator, NIC Inc.
Subject: Public records; DPS audio/video recordings
Author: Terrill
Summary: This would add public employee birth dates and employee ID numbers to the list of exempt information under the Open Records Act. Terrill tried–and failed–several times last year to get this passed. He had lots of support from employee associations such as the Oklahoma Public Employee Association and the Oklahoma State Troopers Association. This is the subject of a pending Oklahoma Supreme Court case.
The bill would also set up a fee schedule for dash-cam videos and other records from the state Department of Public Safety.
Joey Senat, associate professor of journalism at Oklahoma State University, has more on this bill over at the FOI Oklahoma Blog.
Subject: N/A
Author: Terrill
Summary: This is a shell bill called “The Oklahoma Sunshine Act of 2011.” There’s no other information in it right now other than an effective date of Nov. 1, 2011.
Subject: Oklahoma Public Events Network
Author: Jolley (Murphey in the House)
Summary: Directs the state’s public television network, OETA, to develop a C-SPAN-like network called the Oklahoma Public Events Network. The bill does not provide a funding source.
Subject: County assessor fees
Author: Justice
Summary: Would allow the state Board of Equalization to set up a fee schedule for copies of Geographic Information System files or other electronic records prepared and maintained by county assessors. This has been a subject of several lawsuits in the last few years. The charges for such data vary widely among county assessors in Oklahoma.
Property owners would not be charged for records relating to their own property. The revenue from the fees would go back to each county assessor.
Subject: District Attorney records
Author: Justice
Summary: Would give district attorneys the authority to destroy files and evidence of investigations after a certain period of time. Current law allows DAs to destroy records on actual cases after a set period of time. This bill would expand that to records of an investigation.
Subject: Economic development
Author: Burrage
Summary: Adds the State Regents for Higher Education and state colleges and universities to an expanding list of agencies that are allowed to keep records confidential that pertain to “economic development.” Among the agencies already enjoying this exemption are the Commerce Department, CareerTech and the Oklahoma Film and Music Office.
Subject: Open records
Author: Anderson
Summary: This is similar to HB 1941 described above in that it prevents government from requiring the public to fill out specific forms or identify themselves in records requests.
Subject: Open Meetings
Author: Ford
Summary: Adds a new category to the Open Meetings Act called a “limited-support body.” It defines that as a unit that receives less than 15 percent of its funding from public funds. It exempts such “limited-support bodies” from the Open Meetings Act under certain circumstances and also allows them to conduct meetings via teleconference.
Subject: Court records
Author: Sykes
Summary: Prevents courts from sealing divorce records or other marriage and family records under Title 43, including child custody records. Those records could remain sealed if they are required by the Oklahoma Constitution or another statute.
Subject: Attorneys
Author: Sykes
Summary: Creates the “Private Attorney Retention Sunshine Act.” It would require state agencies to put out bid notices on their websites if they want to hire private attorneys for legal work that costs more than $5,000. For legal work expected to cost more than $500,000, more information has to filed with the governor’s office.
My former colleague Julie Bisbee and I wrote about this issue in 2009. Previous bills on the subject have not survived.
Subject: DPS records
Author: Nichols
Summary: Allows the Department of Public Safety to destroy records that have already been copied onto microfilm or scanned into a computer system.
–Paul
***Full disclosure: I am a board member of FOI Oklahoma Inc.
| Electric Utility Data Protection Act |
| Electric Utility Data Protection Act |
Oklahoma state and local governments get green light on Facebook
This slipped by me earlier this week, but the Attorney General’s Office and Office of State Finance have given the green light for state and local governments to use Facebook.
At issue was the relatively restrictive terms of service for Facebook users, which could have put government entities at risk for lawsuits. I wrote about the issue back in March 2010.
On Tuesday, new Attorney General Scott Pruitt and state Chief Information Officer Alex Pettit announced they had reached an agreement to modify Facebook’s terms of service in Oklahoma for state and local governments.
“Social computing technologies, like Facebook, are increasingly important to the way government interacts and conducts business with the public.” Pettit said in a news release. “The state needs to continue to break down the barriers to public sector implementation, but in a way that meets the laws of Oklahoma and does not jeopardize the state’s IT resources.”
Pruitt and Pettit said the new Facebook terms of service are similar to ones negotiated by the federal government. Oklahoma was part of a working group on social media issues convened by the National Association of State Chief Information Officers and the National Association of Attorneys General.
“Facebook provides a tremendous venue for state agencies and their local counterparts to keep their constituents apprised of the great work they do,” Pruitt said. “We, and our partner agencies, look forward to using the site to stay in contact with the public.”
The agreement will apply immediately to government agencies and departments that already had a Facebook page.
Here’s the specifics of the agreement:
* Strike the indemnity clause except to the extent indemnity is allowed by a state’s constitution or law;
* Strike language requiring that legal disputes be venued in California courts and adjudicated under California law;
* Require that a public agency include language directing consumers to its official Web site prominently on any Facebook page; and,
* Encourage amicable resolution between public entities and Facebook over any disputes.
–Paul
Virginia bill would exempt names of public employees from salary disclosures
It’s often said that state legislatures are the laboratories of democracy, but here’s hoping this idea stays in the Mad Scientist lab.
The Richmond Times-Dispatch reports that a state lawmaker has filed a bill in the Virginia General Assembly that would exempt the names of public employees in any type of payroll data.
Senate Bill 812 was filed by Sen. Stephen Martin, a Republican from Chesterfield, Va. From the newspaper’s story:
“In my judgment, it’s not necessary for the public to know who makes exactly what,” Martin said by phone Tuesday.
Martin said the bill was introduced in response to a state salary database that the Richmond Times-Dispatch published online in October. The database included the names of employees earning above the average salary of $50,298.
“Constituents of mine that were concerned about it asked me to introduce this legislation,” said Martin, adding that “they were probably state employees or family of state employees.”
Martin’s bill would allow only the salary and job title to be provided in any payroll information on state employees or elected officials:
Virginia Freedom of Information Act; access to salary information, etc., of public employees.
Allows public access to the records of only the job position, official salary, or rate of pay of, and the allowances or reimbursements for expenses paid to, any officer, official, or employee of a public body. The bill specifically excludes the name of any such officer, official, or employee from disclosure.
As expected, Martin’s proposal drew quick opposition from the Virginia Press Association and the Virginia Coalition for Open Government.
Here in Oklahoma, we’ve been involved in trying to keep access to certain information about state employees. But at least nobody has proposed anything like Martin’s bill. At least not yet.
And just FYI, you can search the state payroll at the state’s Open Books site. Unfortunately, the state site includes just last name and first and middle initial. It doesn’t have job titles.
For almost 20 years, we’ve gotten monthly downloads of state employee payroll data from the Office of State Finance under a continuous open-records request. The data in the last few years has included first and middle names, as well as job titles and whether the employee is covered under the state’s merit protection system. That kind of information was invaluable when we looked at pay raises in some departments last month:
- Pay raises come for some at Oklahoma’s state agencies
- Almost half of Agriculture Department employees receive raises
–Paul
Hitting the reset button on Oklahoma government transparency
It’s the first full day on the job for a whole host of statewide elected and appointed officials today, so I wanted to take the opportunity to welcome them and remind them of importance of government transparency.
It’s been a exciting few years in government transparency, especially when it comes to finding more information online: Open Books, OK.gov and our own Your Right to Know page. But as those of us involved in the daily gathering of news and facts can attest, it’s not always as easy as looking up something on Google or on a state website. Sometimes you have to beg, plead and cajole for public information. And sometimes the disclosure of that information can be embarrassing, politically or otherwise, for a politician or agency.
On my cubicle wall is a quote from an anonymous federal government employee: “No one was ever promoted for disclosing information.”
That’s why I hope these newly elected and appointed officials will continue to build upon government openness and transparency in Oklahoma. It’s easy to campaign on “transparency,” but the real test is in governing and leading.
Each of the new leaders has an opportunity on Day One to set the tone for their offices. I’m sure some are also figuring out where the bathrooms are, but I hope they also take some time to review departmental policies to see they fit within the confines of transparency, the public interest and openness.
–Paul
Immigration: Oklahoma’s foreign-born population grows in most counties
From Sunday’s paper:
By PAUL MONIES
Database Editor
pmonies (at) opubco.com
Three out of four Oklahoma counties showed increases in the last decade in the number of residents who were born outside the United States, with much of the growth coming in the Panhandle, western Oklahoma and metropolitan counties.
Nationally, Oklahoma ranked 32nd in the percentage of foreign-born residents, according to estimates from the U.S. Census Bureau’s American Community Survey from 2005-09.
About 5 percent of Oklahoma’s 3.75 million residents were born outside the United States. That compares to about 27 percent for California and almost 15 percent for Arizona. At 1.3 percent, West Virginia rounds out the bottom of the rankings.
An estimated 12.5 percent of the nation’s residents — 38.5 million people — were born in a foreign country, the Census Bureau said.
The latest estimates come amid a continuing political debate at the Capitol and across the country about immigration. The Census Bureau does not ask about the legal status of immigrants, meaning the foreign-born estimates include both documented and undocumented immigrants and naturalized citizens.
Foreign-born residents come from all over the world to Oklahoma and have a variety of skills, said Deidre Myers, director of policy, research and economic analysis with the state Commerce Department. Manufacturing, agricultural processing, technology and service industries are all attracting immigrants from foreign countries, she said.
Among Oklahoma’s estimated 190,000 residents who were born in foreign countries, 60 percent were from Latin American countries, the Census Bureau said. Another 24 percent were from Asian countries. About 8 percent hailed from Europe.
“Oklahoma is a dynamic economy, so why wouldn’t we have people from different areas looking for opportunity in Oklahoma?” Myers said.
Generally, counties west of Interstate 35 had higher rates of foreign-born residents than those in eastern Oklahoma, according to an analysis of census data by The Oklahoman. Exceptions to that were Tulsa County in the northeast and Marshall County on the state’s southern border.
“You see a lot of growth in the foreign-born population in those areas that have a very strong agricultural and manufacturing presence; of course we see this in western Oklahoma and the Panhandle,” Myers said.
“A second area that people don’t often think about is that we’ve had a lot of foreign-born growth in high-skilled research and development, biosciences, nanosciences and other kinds of very high-tech positions. We’re seeing this kind of growth in Tulsa, Oklahoma and Cleveland counties, where you have a university or a very strong knowledge-based industry cluster.”
Texas County, which held the state’s top spot in foreign-born residents in 2000, stayed at the top in the latest estimates. The foreign-born population in that Panhandle county rose to 21.3 percent from 16.9 percent in 2000. Many immigrants have been drawn to hog processor Seaboard Corp., which has more than 3,000 employees at its Guymon plant.
Remaining in second place was another Panhandle county, Cimarron County, which had 11.5 percent of its residents from foreign countries in the 2005 to 2009 Census estimates. That’s up from 10.3 percent in 2000.
Blaine County appeared to show the largest growth in foreign-born residents in the last decade. An estimated 9.5 percent of its residents were born outside the United States. That compared to 3.5 percent in 2000.
Craig Cummins, superintendent of Watonga Public Schools, said many recent immigrants have found work on oil and gas rigs. Elsewhere in the county are dog food and gypsum wallboard factories.
“Our Hispanic population is our fastest-growing ethnic group,” said Cummins, who has been Watonga superintendent for eight years. “It is a challenge sometimes for classroom teachers, but the kids are accepted and they do give back to the school system. They provide some cultural experiences and they participate in our extracurricular activities.”
Farther south, Marshall County’s percentage of foreign-born residents rose to 7.4 percent in the latest estimates, up from 5 percent in 2000.
Light manufacturing for horse trailers and agricultural equipment has been a steady part of the industrial base in Marshall County for a number of years and has attracted immigrants, said Chris Moore, a board member with the Marshall County Chamber of Commerce.
Moore, a personal banker at Landmark Bank in Madill, said several tellers speak Spanish to help customers.
“We have a large Hispanic customer base, and not having Spanish-speaking employees, we would definitely lose that,” Moore said. “It’s important to our business now.”
Check out NewsOK’s homicide map for Oklahoma City
In case you missed it, you should check out our stories and interactive map that launched over the weekend.
The Oklahoman staff writer Bob Doucette and NewsOK’s Nick Tankersley, along with several other reporters and editors, put together some statistics on Oklahoma City homicides from the last four years.
- Oklahoma City Homicide Map
- Minorities, men make up most Oklahoma City homicides
- Mother seeks justice for slain son
As well as a look back at recent homicides, the map and data will be updated by our Breaking News reporters in 2011 and beyond.
For those interested in the technical side of things, Nick built the homicide map using Django, an open-source application that was developed to help newsrooms put interactive web pages, databases and maps together quickly. This isn’t the first time we’ve used Django for a newsroom application. Our “story walls” from the State Fair and OU and OSU games also were built using Django. Digital Managing Editor Alan Herzberger has more on the Story Walls here.
We’ve also used Django internally to enter election results and to keep track of candidate biographies for the 2010 elections. Nick created a public search for those candidates on our Politics page in the fall.
–Paul
