Post by doctorwho on Jan 24, 2010 10:27:20 GMT -6
Maybe now is the time to ask the SUn Times for help getting open FOIA's back - let's start with the total accounting cost sheet for MVHS
Testing the Freedom of Information Act
Comments
www.suburbanchicagonews.com/napervillesun/news/2008057,6_1_NA24_FOIA_S1-100124.article#Comments_Container
January 22, 2010
To test the governments' compliance with a revised Freedom of Information Act, which took effect Jan. 1, Sun-Times Media sent FOIA requests to local towns, school districts and counties, asking for information about where your money is being spent.
To find out whether your local government body passed our test, use the pull down menu below to choose from the more than 100 public agencies we contacted.
Government body Indian Prairie School District
FOIA officer Nancy Valenta
Email address Nancy_Valenta@ipsd.org
How soon after the FOIA was sent did the government body respond to the request?
Response 6 days
Did the government body provide the requested information? 10 points for complete information.
Info 10
Did the government body accept an e-mailed FOIA request? 10 points if they accepted an e-mailed FOIA.
Email 10
Did the government body ask that the FOIA request be filled out on their own form? 0 points if they rejected the request because it was not submitted on their form.
Own form 10
Did the government body ask why the FOIA request was made? 0 points if they did.
Why 10
Were the first 50 pages of the information provided free? 10 points if they were provided at no cost.
Free 0
Did the government body fulfull the request in five days? 10 points if they fulfilled the request in 5 days; 5 points for 10 days.
Five days 0
If the government body asked for an extension, did they do so in writing? 10 points if they asked in writing or did not ask for a request.
Extension 0
Does the government body provide a way to submit a FOIA request on its website? 10 points if a form or email address is provided from the homepage; 5 points if it is elsewhere on the site; 0 points if there is no FOIA information.
Web 0
Has the government body designated a FOIA officer? 10 points if they did.
Officer 10
Is the FOIA officer identified on the Web page? 10 points if they have named an officer and posted that on their Web page.
ID 0
Overall score: 100-90 is an A; 89-80 is a B; 79-70 is a C; 69-60 is a D; 59 or below is an F; Incomplete if government bodies didn't respond.
Grade 50
FOIA: Breakthrough on government information
Area towns, school districts pass first FOIA test
Comments
January 24, 2010
By MATT HANLEY mhanley@scn1.com
Naperville Sun Watchdog Report: Almost every day, another request shows up on Pam LeFeber's desk at Naperville City Hall. Some people are looking for police reports, others need info on zoning laws and a few want to inspect the village's checkbook.
Bottom line: They're all trying to figure out whether their government is efficient, effective and accessible. And now, with a new Freedom of Information Act, citizens have a better-than-average chance of getting an answer. In Illinois, transparency is finally a priority.
"Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois that all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees consistent with the terms of this Act. Such access is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest."
-- Illinois Freedom of Information Act, 5 ILCS 140/1.
What is FOIA?
The Freedom of Information Act is a state statute that provides the public the right to access government documents and records. The premise behind FOIA is that the public has a right to know what the government is doing. The law provides that a person can ask a public body for a copy of its records on a specific subject and the public body must provide those records, unless there is an exemption. There is also a federal FOIA that has a different structure.
Who is subject to FOIA?
Public bodies are subject to FOIA. The judiciary is not subject to FOIA, but court records and proceedings are generally open to the public.
Who can file a FOIA request?
Anyone. Any person, group, association, corporation, firm, partnership or organization has the right to file a FOIA request to any state or local public body, including any city, township or county office.
-- Source: Illinois attorney general's office
To test the government's compliance with the new laws, which took effect Jan. 1, The Naperville Sun sent FOIA requests to local towns, school districts and counties, asking for information on where our money is being spent.
The city of Naperville proved to be the best. One day after the request was sent, LeFeber had provided the information.
"There's this feeling that you can't fight city hall, and city hall is hiding something," she said. "We're not. You can ask for it."
But how did everyone else rate? The answer might surprise you.
Not a priority
In 1984, Illinois was the last state to pass an open records law -- and even that law was criticized as toothless. There were no penalties for officials who ignored legitimate requests and the appeal process often led nowhere.
"Public bodies have not ever had to make FOIA compliance a priority," said Cara Smith, public access counselor for the Illinois attorney general's office.
After years of urging from citizens and media, an updated version of the Freedom of Information Act was signed into law in August 2009. The revisions target two historic problem areas:
First, the bill streamlines the process, eliminating obstacles that had been used to deny requests. For instance, FOIAs can now be submitted by e-mail and the first 50 pages must be provided for free.
Second, the act puts real penalties in place for officials who refused to comply. Unjustified refusals can lead to fines of up to $5,000 per violation.
There were other changes -- most notably, the response time went from seven to five days -- all aimed at altering the basic philosophy of government: Instead of looking for reasons to deny, start looking for ways to be open.
Smith found selling that idea wasn't always easy.
'We're all going to be OK'
For six weeks, Smith tried to calm the panic. In 14 seminars held throughout the state, Smith was tasked with explaining the new FOIA laws to 3,000 public officials. She started nearly all the meetings the same way: "I understand that you come here with some combination of anger, concern or confusion ..."
While many were eager to comply, others were irritated. Officials wanted to know when Illinois Attorney General Lisa Madigan was going to buy them a new copier, forecasting an early death for machines burdened by the new law. They asked Smith how to deal with "nosy" requests.
Smith became public access therapist. You are not going to be flooded with requests, she assured. You will have help from the attorney general, she promised.
"We're going to live by the same rules you are," she said, repeatedly. "We're all going to be OK. Everyone can take a breath and just relax."
Smith understood a certain amount of the concern. The law took effect at the same time cities were laying off or furloughing staff.
Even LeFeber was nervous about the new requirements.
"I thought it was a lot," she said last week.
In small towns, staff always was thin.
"I agree we need more transparency, but I don't think (the law) was completely visualized, especially on how small towns will do this," said Matthew Johnson, the clerk and FOIA officer for the village of Newark, (population 887) where there are fewer than 10 full-time employees. "If I need to go on vacation, that means I have to appoint someone for that week and train them. And they still might not know where the documents are."
Smith empathizes -- to a point.
"It's not an issue about a mandate," she said. "It's at the core our duties as public bodies (to provide information)."
So The Sun decided to see how ready local government was.
Put to the test
To test compliance, starting Jan. 4 -- the first business day of the new year -- The Sun requested the same information from more than 100 local towns, counties and school districts across the coverage area.
We asked for a list of vendors who received payment in 2008 and the amount those vendors were paid.
We requested that for two reasons: One, it is information we will use for future stories. It would be unfair -- and outside the spirit of the act -- to request information frivolously.
Second, these documents go to the very heart of what we need to know about our government: How much of our money is being spent, and who is getting it?
Almost all the requests were sent out at 9 a.m. Jan. 4. Within hours, the responses started pouring in. And they didn't stop.
Overall, very few government bodies failed to reply. (That is, as long as the request made it past the spam filters. Some exceptionally apologetic officials found the request had been sent to junk mail, which they vowed to check more often).
In The Naperville Sun's area, none of the government bodies surveyed failed to supply the information in the mandated five business days. However, like many other districts across the suburbs, schools struggled the most to comply with the new laws.
On Jan. 4, neither Indian Prairie District 204 nor Naperville School District 203 provided information on their Web site about filing a FOIA request -- a requirement of the new law. Indian Prairie FOIA officer Nancy Valenta recognized there have been some hiccups with putting in the new regulations, but she has been working to inform the staff about the changes.
"I know that has to be up there (on the Web site), and it's on a very short to-do list," she said.
As of Friday, officials at Naperville District 203 gave no response to the issue.
Despite some technology hurdles, overall, nearly all government bodies fulfilled all the requirements of the new Freedom of Information Act.
When contacted last week, Smith was thrilled with the results of The Sun's test.
"That's terrific" she said. "That's consistent with what we have heard from the public bodies we've had communication with."
Staff writer Dan Campana contributed to this report.
Testing the Freedom of Information Act
Comments
www.suburbanchicagonews.com/napervillesun/news/2008057,6_1_NA24_FOIA_S1-100124.article#Comments_Container
January 22, 2010
To test the governments' compliance with a revised Freedom of Information Act, which took effect Jan. 1, Sun-Times Media sent FOIA requests to local towns, school districts and counties, asking for information about where your money is being spent.
To find out whether your local government body passed our test, use the pull down menu below to choose from the more than 100 public agencies we contacted.
Government body Indian Prairie School District
FOIA officer Nancy Valenta
Email address Nancy_Valenta@ipsd.org
How soon after the FOIA was sent did the government body respond to the request?
Response 6 days
Did the government body provide the requested information? 10 points for complete information.
Info 10
Did the government body accept an e-mailed FOIA request? 10 points if they accepted an e-mailed FOIA.
Email 10
Did the government body ask that the FOIA request be filled out on their own form? 0 points if they rejected the request because it was not submitted on their form.
Own form 10
Did the government body ask why the FOIA request was made? 0 points if they did.
Why 10
Were the first 50 pages of the information provided free? 10 points if they were provided at no cost.
Free 0
Did the government body fulfull the request in five days? 10 points if they fulfilled the request in 5 days; 5 points for 10 days.
Five days 0
If the government body asked for an extension, did they do so in writing? 10 points if they asked in writing or did not ask for a request.
Extension 0
Does the government body provide a way to submit a FOIA request on its website? 10 points if a form or email address is provided from the homepage; 5 points if it is elsewhere on the site; 0 points if there is no FOIA information.
Web 0
Has the government body designated a FOIA officer? 10 points if they did.
Officer 10
Is the FOIA officer identified on the Web page? 10 points if they have named an officer and posted that on their Web page.
ID 0
Overall score: 100-90 is an A; 89-80 is a B; 79-70 is a C; 69-60 is a D; 59 or below is an F; Incomplete if government bodies didn't respond.
Grade 50
FOIA: Breakthrough on government information
Area towns, school districts pass first FOIA test
Comments
January 24, 2010
By MATT HANLEY mhanley@scn1.com
Naperville Sun Watchdog Report: Almost every day, another request shows up on Pam LeFeber's desk at Naperville City Hall. Some people are looking for police reports, others need info on zoning laws and a few want to inspect the village's checkbook.
Bottom line: They're all trying to figure out whether their government is efficient, effective and accessible. And now, with a new Freedom of Information Act, citizens have a better-than-average chance of getting an answer. In Illinois, transparency is finally a priority.
"Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois that all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees consistent with the terms of this Act. Such access is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest."
-- Illinois Freedom of Information Act, 5 ILCS 140/1.
What is FOIA?
The Freedom of Information Act is a state statute that provides the public the right to access government documents and records. The premise behind FOIA is that the public has a right to know what the government is doing. The law provides that a person can ask a public body for a copy of its records on a specific subject and the public body must provide those records, unless there is an exemption. There is also a federal FOIA that has a different structure.
Who is subject to FOIA?
Public bodies are subject to FOIA. The judiciary is not subject to FOIA, but court records and proceedings are generally open to the public.
Who can file a FOIA request?
Anyone. Any person, group, association, corporation, firm, partnership or organization has the right to file a FOIA request to any state or local public body, including any city, township or county office.
-- Source: Illinois attorney general's office
To test the government's compliance with the new laws, which took effect Jan. 1, The Naperville Sun sent FOIA requests to local towns, school districts and counties, asking for information on where our money is being spent.
The city of Naperville proved to be the best. One day after the request was sent, LeFeber had provided the information.
"There's this feeling that you can't fight city hall, and city hall is hiding something," she said. "We're not. You can ask for it."
But how did everyone else rate? The answer might surprise you.
Not a priority
In 1984, Illinois was the last state to pass an open records law -- and even that law was criticized as toothless. There were no penalties for officials who ignored legitimate requests and the appeal process often led nowhere.
"Public bodies have not ever had to make FOIA compliance a priority," said Cara Smith, public access counselor for the Illinois attorney general's office.
After years of urging from citizens and media, an updated version of the Freedom of Information Act was signed into law in August 2009. The revisions target two historic problem areas:
First, the bill streamlines the process, eliminating obstacles that had been used to deny requests. For instance, FOIAs can now be submitted by e-mail and the first 50 pages must be provided for free.
Second, the act puts real penalties in place for officials who refused to comply. Unjustified refusals can lead to fines of up to $5,000 per violation.
There were other changes -- most notably, the response time went from seven to five days -- all aimed at altering the basic philosophy of government: Instead of looking for reasons to deny, start looking for ways to be open.
Smith found selling that idea wasn't always easy.
'We're all going to be OK'
For six weeks, Smith tried to calm the panic. In 14 seminars held throughout the state, Smith was tasked with explaining the new FOIA laws to 3,000 public officials. She started nearly all the meetings the same way: "I understand that you come here with some combination of anger, concern or confusion ..."
While many were eager to comply, others were irritated. Officials wanted to know when Illinois Attorney General Lisa Madigan was going to buy them a new copier, forecasting an early death for machines burdened by the new law. They asked Smith how to deal with "nosy" requests.
Smith became public access therapist. You are not going to be flooded with requests, she assured. You will have help from the attorney general, she promised.
"We're going to live by the same rules you are," she said, repeatedly. "We're all going to be OK. Everyone can take a breath and just relax."
Smith understood a certain amount of the concern. The law took effect at the same time cities were laying off or furloughing staff.
Even LeFeber was nervous about the new requirements.
"I thought it was a lot," she said last week.
In small towns, staff always was thin.
"I agree we need more transparency, but I don't think (the law) was completely visualized, especially on how small towns will do this," said Matthew Johnson, the clerk and FOIA officer for the village of Newark, (population 887) where there are fewer than 10 full-time employees. "If I need to go on vacation, that means I have to appoint someone for that week and train them. And they still might not know where the documents are."
Smith empathizes -- to a point.
"It's not an issue about a mandate," she said. "It's at the core our duties as public bodies (to provide information)."
So The Sun decided to see how ready local government was.
Put to the test
To test compliance, starting Jan. 4 -- the first business day of the new year -- The Sun requested the same information from more than 100 local towns, counties and school districts across the coverage area.
We asked for a list of vendors who received payment in 2008 and the amount those vendors were paid.
We requested that for two reasons: One, it is information we will use for future stories. It would be unfair -- and outside the spirit of the act -- to request information frivolously.
Second, these documents go to the very heart of what we need to know about our government: How much of our money is being spent, and who is getting it?
Almost all the requests were sent out at 9 a.m. Jan. 4. Within hours, the responses started pouring in. And they didn't stop.
Overall, very few government bodies failed to reply. (That is, as long as the request made it past the spam filters. Some exceptionally apologetic officials found the request had been sent to junk mail, which they vowed to check more often).
In The Naperville Sun's area, none of the government bodies surveyed failed to supply the information in the mandated five business days. However, like many other districts across the suburbs, schools struggled the most to comply with the new laws.
On Jan. 4, neither Indian Prairie District 204 nor Naperville School District 203 provided information on their Web site about filing a FOIA request -- a requirement of the new law. Indian Prairie FOIA officer Nancy Valenta recognized there have been some hiccups with putting in the new regulations, but she has been working to inform the staff about the changes.
"I know that has to be up there (on the Web site), and it's on a very short to-do list," she said.
As of Friday, officials at Naperville District 203 gave no response to the issue.
Despite some technology hurdles, overall, nearly all government bodies fulfilled all the requirements of the new Freedom of Information Act.
When contacted last week, Smith was thrilled with the results of The Sun's test.
"That's terrific" she said. "That's consistent with what we have heard from the public bodies we've had communication with."
Staff writer Dan Campana contributed to this report.
