Public Access News of Note: March 30, 2023
A quick look at headlines concerning freedom of access, public information, and other First Amendment issues.
Bid to Expand Press Access in NY Capitol Defeated
A proposal to expand press access in the New York Assembly was defeated by a party line vote. E.223 was part of a number of proposed Assembly rules changes brought by legislative Republicans. The measure would have allowed news media greater access to legislators by allowing them on the Assembly floor and other areas within the chamber following restrictions put in place during the COVID-19 pandemic. The resolution failed by a party-line vote of 9 to 48, with majority Democrats defeating it.
Several other failed measures would have expanded public access to legislative proceedings, including E.219, which would have required audio and visual broadcast of legislative committee meetings and would also required they be archived on the Assembly’s website.
Read more from The Post-Journal.
Federal Judge Orders Tennessee to Open Judicial Advisory Commission Meetings to Public
Tennessee will have to open its judicial Advisory Commission meetings to the public following a preliminary injunction from Judge Eli Richardson of the United States District Court for the Middle District of Tennessee.
The order comes after Dan McCaleb, the executive editor of The Center Square, filed a complaint against the director of Tennessee’s Administrative Office of the Courts in June 2022. McCaleb argued that the press’s First Amendment right to access government meetings applied to the commission, which had closed its meetings to both the press and the public.
Richardson agreed with McCaleb and ordered the commission to allow public access to its meetings through either in-person attendance or livestreaming.
Read more from The Chattanoogan.
Connecticut Moves to Implement Harsher Penalties for FOI Violations
Connecticut’s Committee on Government Administration and Elections recently advanced a bill that would revise the state Freedom of Information Act (FOIA). Among the proposals is one that would increase the fine for a state agency’s improper denial of public records from $1,000 to $10,000.
The bill, which has received bipartisan support, would also require public agencies to compile a list detailing the number of requests the agency has received, the date received them, the date it responded to each requester, and the number of request filled the prior month. Agencies would have to post the information publicly, either on the Internet or in their offices, and update it no less than monthly. If the bill becomes law, these requirements would go into effect on October 1, 2023.
Additionally, the bill would give the Freedom of Information Commission more power to seek judicial relief should agencies not comply with the law.
Arkansas Bill Seeks to Exempt Drafts, Notes, Other Government Documents from FOIA Disclosure
House Bill 1726, recently filed in Arkansas, would add new exemptions to the state’s Freedom of Information Act (FOIA) for several classes of government documents.
Should the bill become law, “any evidence o materials likely to be used by law enforcement in a criminal prosecution” that are part of an ongoing investigation would be exempt from disclosure under FOIA. Communications between a public servant acting within the scope of their job and legal counsel of a government agency would also be exempt, as would “deliberative process records of a government agency in which opinions are expressed or policies are actions are formulated.” The latter category would include drafts, notes, recommendations, memoranda, correspondence, and other records “related to an agency determination of policy or action.”
The proposed law would also make changes to the charging of fees associated with requests, including a provision tat would allow FOIA officers to reuse new requests from a requestor with outstanding invoices.
Other Headlines of Note
The town of Weston, Connecticut and its Board of Education have petitioned the state’s Freedom of Information Commission to declare two residents “vexatious requesters,” which would allow both entities to ignore their requests for one year. Read here.
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