Technology and the OK Supreme Court
A recent ruling by the Oklahoma Supreme Court illustrates a common complaint of government agencies and bureaucracies, namely that they haven’t kept up with the expansion of technology.
The court ruled earlier this month that any requests for bulk electronic court case data–basically large downloads or exports of court record information–was now off limits. (Read my story here; the Tulsa World’s story is here. For more on the idea of bulk data downloads from government, check out Web guru Tim O’Reilly’s blog.)
Over the last few decades, Oklahoma county district court clerks have moved their case management systems from paper files to electronic formats. But there are two separate systems, the state-run Oklahoma State Courts Network and the privately run On Demand Court Records. They’ve each evolved over time in response to the needs of district court clerks across the state. There are 13 district courts–including the state’s two largest counties–covered by OSCN; 64 district courts have signed up with ODCR, which is operated by KellPro Inc. of Duncan.
The Oklahoma Supreme Court ruling followed an open records request earlier this year by an Edmond-based firm, INAD Data Services LLC. The company requested electronic copies of all court case information for state district courts and the Oklahoma Workers’ Compensation Court.
The request appeared to have caught Supreme Court administrators off guard. They responded to INAD’s attorney with a letter in late July. The letter said some court information was confidential under state and federal law. It also said the Supreme Court would be asking the Attorney General’s office for advice. The Supreme Court Administrative Office’s general counsel, Debra Charles, said:
If I am satisfied that all or a portion of the records on OSCN.net can be released in bulk, you should anticipate paying a reasonable fee to search and reproduce all of the public records that can be appropriately segregated for public view. Please understand that, if the electronic records can be reasonably segregated, the cost of a system-wide search of this nature will likely be significant.
We’re still trying to figure out what happened in between that letter and the Supreme Court’s ruling Oct. 8 to forbid release of bulk records. But Oklahoma Chief Justice James Edmondson (the brother of Attorney General Drew Edmondson), sent a letter to INAD’s attorney and state Rep. Mike Reynolds, R-Oklahoma City, dated Oct. 5. The letter, which was effectively a denial of the open records request, stated:
… Copies of all information, documents and electronic court records would encompass cases dating back to 1984 in Oklahoma and Tulsa counties. During the intervening 25 years, the other 75 counties have moved to digital record keeping. This literally amounts to millions of pages.
In summary, everything you have requested can be readily accessed through oscn.net or is available on a case-by-case basis at any court clerk’s office in each of the courthouses in Oklahoma. We direct you to oscn.net for full and complete open access to court information.
Later that week, justices issued their ruling.
Justice Edmondson said Tuesday that the ruling was intended to cover only commercial requesters of bulk court data. Other requests, such as those made by noncommercial entities or the media, would be decided on a case-by-case basis, he said. But that’s not explicitly stated in the ruling.
Furthermore, Edmondson said the court signed a contract with KellPro to convert ODCR court case data in preparation for a single, unified Web site of district court information. The contract authorizes the court to spend up to $1.15 million this fiscal year for the data conversion.
Tim Keller, the founder of KellPro, said the contract covers only the data conversion. He expects the Supreme Court will put the work of the unified system out to a competitive bid once the data conversion is finished. In the meantime, KellPro is selling expanded access to court information to members of the Oklahoma Bar Association.
Since hearing about the Supreme Court’s ruling late Monday, I’ve had several conversations with attorney Doug Wilson of Stillwater, who specializes in electronic government information and data. Wilson said the ruling could raise constitutional issues, including one that forbids the state from granting a preference to one company over another.
To play devil’s advocate, I can see why KellPro would like to protect its system of court information. After all, the company’s employees spent time, energy and money pursuing case management system contracts with district court clerks across the state. For a company to come after the fact and request bulk information from their systems doesn’t seem fair.
However, the information isn’t KellPro’s in the first place. They developed the system and software, but the “ownership” stake of the records themselves lies with the people of Oklahoma, whose tax dollars fund the state’s legal system.
It’s interesting to note that this isn’t the first time the Supreme Court has gotten involved in Web access to court documents. In response to privacy concerns, the court issued a ruling last year that would have stopped online access to court filings across the state. They rescinded that ruling after complaints from the public, the media and open-records advocates.
–Paul
Finding state and local budget details
The recession and lower tax revenues are crimping state and local budgets, so it’s good to see several policy groups are making it easier for Oklahomans to find information about their government spending and taxation.
The Oklahoma Policy Institute has just released its Online Budget Guide, a detailed look at state and local budgets in Oklahoma.
I’ve spent a little time checking out the site, and it’s certainly comprehensive. There’s a wealth of information, and the Oklahoma Policy Institute folks say they are committed to keeping the facts and figures timely and relevant. They plan to later add information about federal stimulus spending in Oklahoma and possibly details of state and local bond debt.
As Matt Guillory, executive director of the institute, puts it:
“We’ve designed the Guide to be a resource for anyone interested or affected by government finance in Oklahoma. Those just getting interested will find it to be a clear and simple overview, but it will also serve as a great reference tool for legislators, advocates, members of the media, teachers and others with greater experience in budget issues.”
The nice thing about the guide is that it also includes information on all types of money flowing into state and local coffers, not just sales, income or property taxes. For example, it has information on federal pass-through money, user charges, utilities and trust revenues.
On the expenditure side, the guide has a look at where the money goes and how effective that spending is.
“This is a look at not only what we’re spending, but what we’re getting in return,” said Paul Shinn, the institute’s consultant and the primary author of the guide.
The Policy Challenges section gets into the institute’s bread-and-butter advocacy for tax fairness in Oklahoma, as well as some long-term fiscal challenges that lawmakers will have to deal with in the future.
“We don’t pretend to have solutions, but we offer options,” Shinn said.
If you want the Cliff’s Notes version of the budget guide, you can download the highlights here.
For more on state spending, check out the state’s Open Books site. The link is also on our Right to Know page.
–Paul
Dueling health insurance stats
Figuring out who has health insurance coverage and who doesn’t is an ongoing challenge for policymakers.
Do you count people who went without coverage for a week or a month as being uninsured? What about the ranks of the long-term uninsured? How many of them might qualify for government programs or subsidies but just haven’t signed up?
It’s not an easy task, which is why today’s story on the numbers of uninsured might shed some light on the issue. The Census Bureau’s American Community Survey, a wide-ranging sample of 3 million households each year, asked a health insurance coverage question for the first time last year. For a look at how the question was asked, check out page 8 of the survey form.
Our analysis of the Census’ ACS estimates showed that about 22 percent of Oklahomans under 65 went without health insurance coverage when they were surveyed last year. That put Oklahoma at No. 5 in the nation for the percentage of residents younger than 65 without health insurance.
Of course, it didn’t help matters that the Census just two weeks ago put out another survey that had information on the uninsured from its long-running Current Population Survey. That survey showed an estimated 15.9 percent of Oklahomans of all ages were without health insurance in the CPS’ 2-year average from 2007 to 2008. (For more discussion of that survey data, see the Oklahoma Policy Institute posting here, and the thoughts from our editorial page here. The journal Health Affairs also has a more detailed discussion of the CPS health insurance estimates here.)
David Blatt, policy director for the Oklahoma Policy Institute, said that no matter which Census survey policymakers use, “I think the true numbers lie somewhere between those estimates. Whatever the number, we have a heck of a lot of Oklahomans without health insurance coverage.”
Researchers are hopeful that the bigger survey sample of the American Community Survey will provide more accurate figures in the future. Here’s how the University of Minnesota’s State Health Access Data Assistance Center, or SHADAC, puts it:
The ACS is a great development for health services researchers, but as with all surveys, it will have its problems. In summary, the greatest advantage is that the ACS will be a regular source of health insurance coverage for local areas. The timely releases will fill a significant information void. The biggest limitation is format of the health insurance item is and the ability of respondents to recognize what type of health insurance coverage they have. Some error is always expected in survey research, and we have yet to see how it will compare to other surveys.
In the meantime, here’s a look at some of the latest uninsured estimates from the Census’ American Community Survey for the Oklahoma counties and Congressional districts covered under the latest 2008 survey data:
Finally, NPR has a nice set of interactive maps using the same data:
–Paul
Oklahoma stimulus funding update
The latest stimulus figures were released this morning by the state. Here’s a quick glance at which agency has gotten funding through Aug. 31.
Source: Oklahoma Office of State Finance
–Paul
Obama’s school speech visualized
President Obama’s school speech has been big news for the last week or so, and today’s the day. The White House released the text of Obama’s speech, so I ran it through Wordle to get a text cloud.
–Paul
Should OKC withhold name of disciplined employee?
My colleague Bryan Dean has been following the fallout of a reorganization of Oklahoma City departments, which has apparently unearthed some questions about a federal grant program.
The city recently moved its Weed and Seed Program, a federally funded urban crime and quality of life initiative, from the now defunct neighborhood services department to the police department. (Read Bryan’s stories here and here.)
The City of Oklahoma City has put two employees on leave after an investigation into Weed and Seed grant funds. Officials claim they accidentally gave the newspaper the name of the first employee, and they’re refusing to give the name of the second employee disciplined.
Meantime, the city also refused to release the date of birth of the first employee, Ed Martin. The newspaper is seeking his date of birth so it can find out more about Martin’s background. But with nothing more than a name, verifying public records we already have makes it virtually impossible to find out which of the seven Ed Martins in Oklahoma City is a city employee.
In a rather bizarre twist of logic, the city attorney said releasing Martin’s date of birth would be an invasion of privacy because it’s listed on his drivers’ license.
Before we go any further, let me ask you the last time you were asked to show your drivers license to a stranger? I do it an average of 3 or 4 times a week at a variety of retail establishments. I hardly consider my date of birth to be super-secret, private information.
Legally, city attorneys do have a point with certain drivers license information being closed to the public. But as Oklahoma State University journalism associate professor Joey Senat points out, that federal law governs the state Department of Public Safety, which issues drivers licenses. It does not govern the disclosure of city personnel actions:
The federal statute doesn’t explicitly list date of birth among the personal information on a driver’s license that should not be disclosed.
‘Personal information’ means information that identifies an individual, including an individual’s photograph, social security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information.
The fight over public employee records and dates of birth also has been brewing in Texas, where the Legislature has been trying to close access. My friend and former coworker, Ryan McNeill, has more at the Dallas Morning News Investigates blog.
Further afield in Washington state, former Seattle Mayor Greg Nickels asked that state’s attorney general to make a ruling on closing access to city employee records and dates of birth. After researching the issue, Attorney General Rob McKenna said there was no basis for such a decision:
I have looked carefully into this matter and have concluded that public employees’ dates of birth should not be statutorily or categorically exempt from disclosure, for three main reasons. First, dates of birth are already widely available on the Internet and elsewhere, including state voter registration records that are publicly available. Thus, for practical purposes, there is simply no privacy interest left to protect. Second, dates of birth are an important tool to help keep government accountable. Finally, a more targeted and effective way to fight identity theft would be to allow consumers to freeze access to their credit histories to prevent identity thieves from opening credit accounts in their names.
One of the most cited reason for closing public records, identity theft, is largely a red herring. When asked, our local police couldn’t name an instance of identity theft from public records. Most identity theft comes from old-fashioned thefts, lost wallets or a wayward relative with easy access to credit cards or mail, according to the latest research report by Javelin:
Despite the hefty blame – largely perpetuated by the media – placed on the Internet and cyber-crime, online identity theft methods (phishing, hacking and malware) only accounted for 11% of fraud cases in 2008. The truth is, most known cases of fraud occur through traditional methods, when a criminal has direct, physical access to the victim’s information. These instances include stolen and lost wallets, checkbooks, or credit cards, or even through the simple act of a criminal surreptitiously eavesdropping into your conversation as you make a purchase.
For more on the issue of public records, privacy and ID theft, check out my previous blog posts here and here.
–Paul
Auditing school district transparency
If you’re interested in how much information is out there online about your local school district, take a look at this report released today by Oklahomans For Responsible Government. Overall, it’s not a flattering portrait of online transparency among the state’s school districts. From the report:
There are districts that have good websites, but lack information
taxpayers need. If the football schedule can be posted, surely the
board meeting schedule can, too. We found districts that have
Twitter accounts, but nothing about a budget or how to contact
board members.
OFRG earlier took a look at county Web sites, an area that also was part of the state and local government focus of this year’s Sunshine Week in Oklahoma. (Read the national report here; Check out the Oklahoma survey data here.)
Here’s what Oklahoma State University journalism professor Joey Senat said back in March on local transparency and technology:
“I don’t know of anyone still using a typewriter,” said Senat, who organized the Oklahoma Sunshine Week surveys. “All of this information is being created electronically, which is the first big step to getting it online.
“We need to expect our public officials to learn how to provide us access online. Taxpayers already pay for the records; putting it online certainly seems to be a minimal cost. There are enough counties and cities and school districts who are already doing it to show that it is doable.”
Of course, sunshine and open records are year-round issues, so it’s nice to see groups like OFRG taking a look at online transparency.
–Paul
The best-paid state employees
In case you missed it, I had a story on Saturday about the $433,000 payout to the former dean of the Oklahoma State University medical school. The university paid Dr. John J. Fernandes the payout in June for the final two years of his employment agreement, which came to more than $400,000, and his regular monthly salary of more than $32,000.
That June payout made Dr. Fernandes the state’s highest-paid employee in June. Here’s the list of the Top 100 for June:
Normally, when I download the state’s monthly payroll, it’s coaches like Bob Stoops and Mike Gundy who are at the top. But because of his payout, Fernandes took the top spot in June. Looking at the Top 100, it’s also interesting to note that all but one of the state employees is from Higher Ed. The list is dominated by doctors on the professional plan at OU’s hospital.
To check out more state payroll information, you can go to the state’s Open Books site. There’s a link from our Right to Know page under the “Data” column.
–Paul
OK ranks low in stimulus Web site survey
I’ve already pointed out a few issues with the federal recovery.gov site and our state’s stimulus tracking site in an earlier post, but now a national group has come out with a report ranking every state’s stimulus Web site.
The results are not encouraging. Oklahoma’s main stimulus site manages a score of just 20 out of 100 possible points, according to the rankings by Good Jobs First. The Oklahoma Department of Transportation’s stimulus site fares a little better, at 33 out of 100.
“Given the Recovery Act’s high profile, we expected better results, but most state ARRA [American Recovery and Reinvestment Act] sites simply do not measure up,” said Philip Mattera, research director of Good Jobs First and principal author of the report. “The challenge is not insurmountable. States such as Maryland, Colorado and Washington are doing a very good job in conveying vital information about stimulus spending and are leading the way in establishing best practices for state ARRA disclosure.”
Good Jobs First does say Oklahoma’s site includes good information on the broad allocation of stimulus funds. But it faulted Oklahoma for not including information about jobs saved and/or created and for failing to provide stimulus funds by geography.
If there is a silver lining in the report, it’s that most other states scored close to Oklahoma. The average score in the Good Jobs First report was 28. Just six states scored 50 or better for their main stimulus site: Maryland, Colorado, Washington, West Virginia, New York and Pennsylvania.
Good Jobs First had several recommendations for state stimulus Web sites:
1. Put a summary of key information about ARRA spending at the top of the home page of the site. A clear bar graph, pie chart or table showing the main spending flows goes a long way in helping the user begin to see what the Recovery Act is all about. There should be clear links to pages with more details about the various programs.
2. Provide a map or a table showing how overall ARRA spending and the amounts in key categories are being distributed geographically around the state.
3. Along with information on spending streams, report on individual projects being funded by those programs. Where possible, display the location of the projects on maps. Interactive displays that allow one to drill down for more details are better than static PDF maps. [emphasis mine]
4. For projects carried out by private contractors, be open about the contract award process and the identity of the companies that win bidding competitions. Post the bids and the details, including the full text of the contract awarded to the winner.
5. While the federal government’s Council of Economic Advisers is responsible for estimating the overall employment impacts of ARRA and the Recovery.gov website will report jobs data on some (but not all) individual projects, state ARRA sites should also make an effort to include employment data in their project reporting.
6. ARRA sites should provide readily accessible information about the ways that individuals, organizations and businesses can apply for stimulus grants and contracts.
I’m sympathetic to a point about some of the Oklahoma Web site’s shortcomings. After all, the stimulus money continues to trickle out of Washington to the states. And we’re all new at finding the quickest and most effective ways of keeping track of it.
The folks at OK.gov, who administer the state’s stimulus site on behalf of the ARRA Coordinating Council, put me in touch with the Webmaster for the stimulus site. I’ve also got a call into the governor’s office. I’ll update when I hear back from them.
UPDATE: Behind the scenes, budget officials, agency coordinators and Web programmers are working to get additional information on the state’s stimulus site by the federal deadline in October. Among the possibilities are map mashups and raw data feeds and downloads.
Meanwhile, Paul Sund, Gov. Brad Henry’s spokesman, said the state ARRA Coordinating Council will meet again, but no definitive date has been set. The council last met in March.
–Paul
State aid and stimulus money to schools
The state Department of Education has released its initial projections of how much money each school district can expect from state coffers in the upcoming school year. You can read my colleague Dawn Marks’ story here.
We’ve compiled the projections into a searchable database on our Right to Know page. You can search for your school district by either county or district name, or both. You can also download the spreadsheet and do your own analysis.
Included in the state aid this year is about $167 million in federal stimulus money that lawmakers added to the state Education Department budget to avoid cuts. Districts can expect more stimulus money from the state later in the year.
Those figures don’t include other stimulus money each district is eligible for in special education funding and what they call Title I help for math and reading programs in districts with higher proportions of low-income students. (For more on that chunk of stimulus money, read Dawn’s earlier story here.)
Looking at the figures, aid to most schools is down this fiscal year as compared to the final amounts they received in FY 2009. And financial officials in the districts expect this year’s amounts to decline as the state revenue picture becomes clearer:
Because revenue collections for the state have been lower than expected, allocations could change, said James White, assistant state superintendent for finance. “It may get worse. We may have to reduce those later,” White said. “Right now we’re telling school districts not to do anything drastic but to plan for cuts.”
Without stimulus money, the picture could have been bleaker, state officials said. It’s also important to remember that the state aid allocation is just one part of the funding for public schools. Other money comes from local property taxes and regular, non-stimulus, federal funding.
Here’s a quick look at the top 20 districts and their FY 2010 projected state aid amounts compared to last year:
Source: Oklahoma State Department of Education
–Paul
