Category Archives: Uncategorized

Map of Minimum Wage Laws from Coast to Coast

by Categorized: Uncategorized Date:

Gov. Dannel P. Malloy is proposing to boost the minimum wage in Connecticut to $10.10 in 2017, which could well make it the highest in the land, certainly topping Washington state’s current minimum of $9.32. (Connecticut’s current $8.70 minimum is the fourth-highest in the nation.)

The map below shows minimum wages from coast to coast. States in green have minimum wages that top the federal rate of $7.25. States in yellow match the federal rate. States in blue have minimums below the federal level (but are trumped by the feds). And states in red have no minimum-wage law.

Click on any state for details.

When Winning Equals Losing at the Freedom of Information Commission

by Categorized: Government, Transparency/FOI, Uncategorized Date:

Wrenching a stack of public documents from a government agency that prefers to operate in secret can be a long and frustrating process, from the initial request for access, to the final hearing before the state’s Freedom of Information Commission.

But for requesters with the law on their side, the long trek typically ends with the satisfaction of finally holding that stack of documents.

At least that’s how it’s supposed to work.

But at a hearing Thursday, the FOI Commission considered three separate cases in which it found that agencies should have released a variety of requested records – while simultaneously ruling that the Commission was powerless to do anything about it.

The culprit in each case: time.

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A Journalist’s New Year’s Resolution: If You See Something, Say Something

by Categorized: Ethics, Government, Media, Transparency/FOI, Uncategorized Date:

In these early days of the year, when we’re all vowing to hit the gym or give up smoking or call our mothers more often, I’m hoping there’s room for one more New Year’s resolution, one that’s as easy to execute as it is to remember.

For 2014, let’s all pledge: If you see something, say something.

No, I’m not talking about speed-dialing the Department of Homeland Security to report that suspicious Burger King bag you saw on Metro-North. I’m talking about building the partnership that exists between media outlets and the communities they reach. It’s a tenuous partnership at times, but it’s more important than ever.

News outlets have always depended on sources – from average citizens to the deeply connected – and for investigative reporters, that communication is critical. So when things are amiss in your community, when institutions are failing those they serve, when greed or bias gets the better of politicians, when injustice reigns, let us know.

Last month, the Courant reported that at least 15 college students awarded aid by the Doc Hurley Scholarship Foundation between 2005 and 2008 had received less money than they were promised. The students did their best to harangue scholarship officials, with little success, and years passed before someone thought to alert the paper and prompt the sort of action that transparency and publicity often brings. But by the time we were on the story, it appears the Foundation’s coffers were empty. Imagine if we had known about the problems years earlier.

The Courant breaks a lot of news and we have excellent sourcing. But it could always be better. And it could hardly be easier. Have a tip? Call me at 860-241-6741 or send an email to our investigative blog, at thescoop@courant.com, or use our online tip form.

Bob Woodward of the Washington Post once asked former Vice President Al Gore how much the press and the public really knew about what went on in the Clinton White House. Gore’s reply: “One percent.”

That doesn’t serve democracy. Sunlight does.

If you see something, say something.

Santa Favors Government Transparency

by Categorized: Government, Transparency/FOI, Uncategorized Date:

OpenTheGovernment.org, a pro-transparency coalition that promotes “less secrecy, more democracy,” is out with a naughty-and-nice list of politicians and government entities that have upheld or obstructed the notion that the people’s business is the people’s business.

NaughtyNiceGetting big presents under the tree this year are two members of Congress – California Republican Darrell Issa and Maryland Democrat Elijah Cummings – who last March unveiled the “FOIA Oversight and Implementation Act of 2013.”

The bill has several provisions designed to strengthen the federal Freedom of Information Act, including a requirement that agencies process FOIA requests with a presumption of openness. “It places the burden on agencies to demonstrate why information may be withheld, instead of on the public to justify release,” the lawmakers said. The legislation would also require agencies to post frequently requested information online and would establish a central portal for requesting federal records.

And getting huge lumps of coal for 2013? No surprise: The National Security Agency, which relied on secret court rulings for its massive surveillance program.

See the entire list of winners and sinners here.

Sedensky Formally Drops Appeal on Newtown 911 Tapes

by Categorized: First Amendment, Government, Law Enforcement, Legal Affairs, Media, Public Safety, Transparency/FOI, Uncategorized Date:

Danbury State’s Attorney Stephen J. Sedensky III Wednesday formally abandoned his argument that state law gave him the authority to withhold recordings of 911 calls made during the Sandy Hook Elementary School shooting, ending a nearly yearlong battle that highlighted tensions between transparency and privacy.

The Freedom of Information Commission had ordered the tapes released, and they were made public a week ago after a judge ruled he would not keep them secret pending an appeal by Sedensky of the commission’s ruling. Although Sedensky could have pursued the legal arguments even after the tapes were released, he dropped the appeal Wednesday, submitting a one-page form to the court declaring that he was unilaterally withdrawing the suit.

After the Associated Press filed a Freedom of Information Act request for tapes of the 911 calls, Sedensky ordered Newtown police not to release them. Although such tapes are routinely provided, Sedensky argued to the Freedom of Information Commission that the tapes were legally exempt from disclosure because their release would harm a prospective law-enforcement action and because they contained confidential evidence of child abuse and were the equivalent of signed witness statements.

The FOI Commission unanimously rejected those arguments and Sedensky appealed to Superior Court, asking Judge Eliot D. Prescott to stay enforcement of the commission’s order to release the tapes while the appeal was pending. Prescott turned him down, declaring that parts of Sedensky’s argument “bordered on the frivolous” and amounted to a claim by the prosecutor that the tapes are exempt from disclosure “because ‘I say so.’ ”

The tapes became a raw battleground in the emotional aftermath of the mass shooting, with some family members of those killed urging that the recordings never be made public and some transparency advocates saying prolonged efforts to keep them secret had merely fed conspiracy theorists and exacerbated the families’ anxiety over their release.

Prescott wrote that media attention following release of the tapes would probably be “a searing reminder of the horror and pain of that awful day.” But he said access to the tapes would also allow the public to evaluate the response by police.

“Delaying the release of the audio recordings, particularly where the legal justification to keep them confidential is lacking, only serves to fuel speculation about and undermine confidence in our law enforcement officials,” he wrote.

The tapes revealed the terror inside the school in the moments after the shooting began and the steely resolve of several staff members as they alerted police. Officers arrived quickly, although five minutes passed before the first entered the building. Sedensky said that with initial reports of multiple shooters, the actions of the earliest responders was appropriate.

In Connecticut Schools, Strange Law Fosters Strange Secrecy

by Categorized: Education, Employment, First Amendment, Government, Non-profits, Politics, Transparency/FOI, Uncategorized Date:

The folks who run the state university and college system have decided to reward top performers by taking more than half a million dollars in taxpayer funds and distributing it as merit raises to some or all of 279 eligible managers and administrators.

And as my colleague Kathy Megan reported, education officials are declining, for now at least, to tell the public which of the public’s employees have been awarded additional chunks of the public’s money. In fact, they say, it would violate state law to do so.

That assertion has not been tested by the Freedom of Information Commission or the courts. topsecretBut it is the latest strange outcome of a strange series of laws that have kept taxpayers in the dark about teacher evaluations for nearly 30 years.

It began, somewhat fittingly, in 1984, with the passage of a law titled “Nondisclosure of records of teacher performance and evaluation,” which made teacher evaluations in local public schools exempt from the state’s Freedom of Information Act. The law was pitched, in the words of a later court case, as a way to “prevent parents from ‘teacher shopping’ in public schools by looking at evaluations and then demanding that their children be placed with one specific teacher.”

Remember before 1984, when hordes of parents would crowd into Main Offices across the state, poring over every 2nd Grade teachers’ evals before demanding that their child’s schedule be customized accordingly?

Me neither.

Parents, of course, have never needed to scour performance reviews to know who the great teachers are in their schools. But even if tamping down on teacher-shopping were the true intent of the law, let’s dig a little deeper into the statutory language. The law protects “records of teacher performance and evaluation.” But the legislature then added this bit of linguistic gymnastics: “For the purposes of this section, ‘teacher’ includes each certified professional employee below the rank of superintendent.”

This, presumably, was intended to stem the epidemic of parents engaging in principal-shopping and librarian-shopping and assistant-superintendent-shopping, as all of their performance evaluations were placed off-limits as well.

The bottom line of that strangely expansive language is that in a state with more than 51,000 certified public-school educators, the people of Connecticut are entitled to review the performance of exactly 166 of them.

The 1984 law covered only K-12 schools. But that didn’t last.

Five years later, professors in the state’s higher education system decided they’d like the same sort of confidentiality enjoyed by their elementary and high school colleagues. So a nearly identically worded statute was put on the books blocking public access to performance records for the faculty and professional staff at UConn, the state university system and the state’s technical colleges.

It is unlikely that law was passed to prevent students from “professor-shopping” and trying to secure a spot with the best teachers, since that is exactly what students do when registering for classes in college.

In the current controversy, the state will ultimately reveal which employees received merit raises and in what amounts; at worst, that information will be deducible once new paychecks – which are public records – start going out.

But if you were curious, for example, about what any particular employee did to earn, say, the maximum merit increase, then sorry – it’s the official policy of the state of Connecticut that taxpayers have no business asking.

At Typically Genial FOI/Privacy Task Force, a Rare Burst of Frustration

by Categorized: Ethics, First Amendment, Government, Law Enforcement, Legal Affairs, Media, Politics, Public Safety, Technology, Transparency/FOI, Uncategorized Date:

The 17-member Task Force on Victim Privacy and the Public’s Right to Know is typically a cordial bunch, despite having strong voices at polar opposites on the issues. Garvin G. Ambrose, the state’s victim advocate, for example, evaluates victim privacy and media rights through a completely different lens than, say, James H. Smith, a former newspaper editor and now executive director of the Connecticut Council on Freedom of Information. And Chief Public Defender Susan O. Storey sits right next to Chief State’s Attorney Kevin T. Kane, leading to frequent side-by-side disagreements, but also to occasional friendly banter.

But despite the normally civil tone, the task force, created in response to the Sandy Hook shootings, “can be a pressure cooker,” Smith said. And that below-the-surface tension made a rare and dramatic appearance during a marathon hearing Wednesday, when a frustrated DebraLee Hovey, a task force member and state representative from Newtown, laid into a transparency advocate who suggested that civil laws might already address the sort of harmful behavior members of the committee were looking to curtail.

Rosanna Cavanagh, a lawyer and executive director of the New England First Amendment Coalition, told task force members that relatives of the Newtown victims had seemed to indicate through their attorney that they were primarily concerned about graphic details of the crime being misused by those on the fringe who were intent on causing pain to the families. She said those actions could run afoul of laws already on the books that punish the intentional infliction of emotional distress.

That earned a sharp rebuke from Hovey, who assailed Cavanagh’s perspective – and lawyers in general. You can view the exchange below, and watch the entire hearing on CT-N.com, the website of the Connecticut Network.

The task force was established by the legislature to “consider and make recommendations regarding the balance between victim privacy under the Freedom of Information Act and the public’s right to know.” Those recommendations are due Jan. 1.

FOI Lawyer Chastises Newtown, State Prosecutors over 911 Calls

by Categorized: First Amendment, Government, Law Enforcement, Legal Affairs, Media, Public Safety, Transparency/FOI, Uncategorized Date:

As we reported in this morning’s paper, a hearing officer for the state’s Freedom of Information Commission has issued a preliminary ruling finding that Newtown police illegally withheld publicNPD Badge access to 911 calls made from inside Sandy Hook Elementary School during the Dec. 14 attack.

The hearing officer, Kathleen K. Ross, chastised Newtown for failing to evaluate whether the records were exempt from disclosure, instead deferring to state prosecutors who instructed the town not to release the tapes.

At a commission hearing in June, nearly six months after the Associated Press sought access to the tapes, Newtown and state officials argued that the recordings should not be released, citing a variety of exemptions, including a claim that releasing the tapes would prejudice a prospective law-enforcement action. Ross rejected all of those assertions, setting up a Sept. 25 hearing at which the full commission will decide whether to adopt Ross’s report.

Lawyers for the state Division of Criminal Justice will be back at the commission’s offices, making the case for why the tapes should not be released. And even if the commission upholds the hearing officer’s report – as they usually do – the state could appeal that decision to Superior Court, a step that would add months if not years to the resolution of the matter.

The full hearing officer’s report appears below.

Download (PDF, 515KB)

You Want Those Public Records? That’ll Be $16 Million Please.

by Categorized: First Amendment, Law Enforcement, Media, Non-profits, Public Safety, Transparency/FOI, Uncategorized Date:

When reporters at the Atlanta Journal-Constitution sought access to public records about tax-lien sales that were costing residents of Fulton County millions of dollars, officials said the newspaper could have the data – for a fee.

That fee? $16.2 million.

It was the latest in a string of roadblocks county officials had erected in hopes of avoiding scrutiny of the costly deals, and it persisted until the state attorney general threatened to join the newspaper in suing the county pols.

That snubbing of Georgia’s freedom-of-information laws earned Fulton County a finalist spot – but not the grand prize – in the inaugural “Golden Padlock” award from the journalism group Investigative Reporters and Editors. The partly tongue-in-cheek award is given in recognition of “unrelenting commitment to undermining the public’s right to know.”

As bad as the county tax commissioner’s actions were deemed to be, IRE gave the top prize to the U.S. Border Patrol for what it called stonewalling by the federal agency in response to requests for information about deadly shootings by agents.  “The U.S. Border Patrol’s resounding silence on fatal shootings involving its agents epitomizes the kind of intransigence for which this award was created,” IRE president David Cay Johnston said in a press release.

Three other agencies earned finalist spots:

    • JobsOhio, a non-profit economic development agency that replaced the Ohio Department of Development, and which was made exempt from most public-records laws despite being established with public money and having access to a huge pool of assets from the state’s control of liquor profits.
    • New Jersey Transit, which responded to a request for the agency’s hurricane preparedness plan by providing a document entirely blacked out except for the title.
    • The Centers for Disease Control, for its slow response to requests for information on Lyme Disease, including one case in which a requester was made to wait more than five years for records.

The reporters’ group also inducted the U.S. Department of Justice and Attorney General Eric Holder into its “Hall of Shame” for what it called the “Orwellian practice of monitoring journalists’ phone records in pursuit of whistleblowers.”

In the Newtown Clerk’s Office, a Dishonorable End to Six Months of Lawlessness

by Categorized: Ethics, First Amendment, Law Enforcement, Legal Affairs, Media, Politics, Public Safety, Transparency/FOI, Uncategorized Date:

If you were a government official, how far would you go to push back against a law you disagreed with?

Would you openly defy the law?

Would you be willing to violate your oath of office?

Would you go so far as to badger those who favored enforcement of the law?

Until today, those questions earned a shameful “yes” in the Newtown clerk’s office, where officials for six months illegally withheld access to death certificates after deciding their personal sense of right and wrong trumped the statutory demands of their office.

This morning, the clerks finally relented, turning over dozens of heartbreaking photocopies bearing witness to the sad duty of doctors in the Chief State Medical Examiner’s Office to apply, over and over, a clinical description to the violence that stole so many innocent lives.

As I write this, a reporter is driving back from Newtown with the documents. When they arrive, they’ll be somberly analyzed for anything that might improve our understanding of that awful day – though it’s not likely the sparse documents will do much to peel back the mystery. We will wince at the now-familiar names, and think of the parents that we have come to know, but don’t really know. We’ll do our best to avoid flashes of the terror inside that school. And then the documents will be filed, along with hundreds or thousands of other sheets of paper amassed in our investigation and coverage of this obviously important, internationally significant story. [Update: Courant editors tell me that, following a review of the death certificates, no story will be written based on their content.]

That is what we will do with the records. And the town should have given them to us as soon as we asked last December. Continue reading