Tag Archives: Transparency

CCA is a functional equivalent of a government agency —TN court

A government agency is subject to open records laws. Alex Friedman of Prison Legal News sued CCA for not satisfying an open records request. CCA lost in local court, then lost again on first appeal. On a second appeal, CCA lost even more abruptly.

Knoxville News editorial of 14 March 2010, Chalk two up for open government

CAA[sic] maintained it wasn’t the functional equivalent of a government agency, but the Appeals Court rejected that claim and the Supreme Court refused even to hear it.

“With all due respect to CAA[sic],” Appeals Court Judge D. Michael Swiney wrote in his opinion on Friedman’s case, “this Court is at a loss as to how operating a state prison could be considered anything less than a governmental function.”

So eventually CCA will have to surrender at least some of the records, although there is still haggling in court over which exceptions CCA can use for which records. (And there’s always the old “we didn’t keep them that long” trick.)

The Tennessee Supreme Court had already ruled about government contractors:

“When a private entity’s relationship with the government is so extensive that the entity serves as the functional equivalent of a governmental agency, the accountability created by public oversight should be preserved.”
I wonder if Georgia will accept a Tennessee precedent?

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Ankle monitoring system budget adjustment: Lowndes County Commission 9-10 January 2012

Two more board appointments, several road and infrastructure items, and a budget adjustment to the ankle monitoring system, among many other items on the agenda for the Lowndes County Commission. The Commission will vote Tuesday on its meeting schedule and its budget calendar. This morning’s meeting is the Work Session; no voting during that, but maybe some information that won’t get mentioned Tuesday.

They can change their meeting schedule at any time. Did you know they had a special called meeting December 1st? They didn’t mention that during their 12-13 Dec meetings; there’s no agenda for it on their web pages; and this agenda doesn’t say what it was for.

Here’s the agenda.

LOWNDES COUNTY BOARD OF COMMISSIONERS
PROPOSED AGENDA
WORK SESSION, MONDAY, JANUARY 9, 2012, 8:30 a.m.
REGULAR SESSION, TUESDAY, JANUARY 10, 2012, 5:30 p.m.
327 N. Ashley Street – 2nd Floor
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What if shelters didn’t euthanize animals?

Some places are looking beyond the details of how to euthanize animals in shelters or how to control the drugs used to doing something about the idea of euthanizing animals in the first place.

Sue Manning wrote for AP today, Euthanasia to control shelter population unpopular

Nathan Winograd, director of the Oakland-based No Kill Advocacy Center, believes 95 percent of all animals entering shelters can be adopted or treated. And even though the other 5 percent might be hopelessly injured, ill or vicious, he said they should not all be doomed.

Some, if not most of them, can be cared for in hospice centers or sanctuaries, he said. As for pit bulls and other dogs with aggressive reputations, he said shelters need to do a better job of trying to find them homes.

That story has some interesting discussion of difficulties of getting to such a goal and methods of achieving it. Maybe we could have such a discussion around here.

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Vermont Comprehensive Energy Plan

Georgia can do this if it wants to, Final Comprehensive Energy Plan 2011
The Comprehensive Energy Plan (CEP) addresses Vermont’s energy future for electricity, thermal energy, transportation, and land use. This document represents the efforts of numerous state agencies and departments, and input from stakeholders and citizens who shared their insights and knowledge on energy issues over the past ten months. The plan can be downloaded from this website or may be viewed at the Department of Public Service, 112 State Street, Montpelier during regular business hours.
More about those public comments:
The release of the Final CEP 2011 includes the CEP Public Involvement Report II (above). This document summarizes the written comments received during the second public comment period, between the release of the CEP Public Review Draft (CEP) on September 13, 2011 and the close of the public comment period on November 4, 2011. Over 1,380 written comments were received via email, the Comprehensive Energy Plan website, and hard copy between July 15 and November 4. Approximately 350 stakeholder groups, including municipal, business, and non-profit entities, submitted comments. Over 830 form-letter comments were signed and submitted by members of at least three different organizations. Over 200 comments were submitted by individual members of the general public.
Real input from the entire state. Imagine that!

Vermont’s population is about 622,000, or the size of a single Congressional district, so maybe it’s easier for them than for Georgia. On the other hand, maybe a regional south Georgia energy policy, or even a county policy, would be possible.

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More County Commission Transparency: Chatham County, Georgia

The Chatham County, Georgia Board of Commissioners has its agendas and minutes online. The agenda for 2 December 2011 does not include the detailed packet materials for most of the items to be voted on. However, it does include a table of dollar amounts and other details for bids that were to be voted on, so the public doesn’t have to go to the work session and scribble down what staff read aloud.

There’s also this interesting boilerplate:

Proposed changes to ordinances must be read or presented in written form at two meetings held not less than one week apart. A vote on the following listed matters will occur at the next regularly scheduled meeting. On first reading, presentation by MPC staff and discussion only by Commissioners will be heard.

Comments, discussion and debate from members of the public will be received only at the meeting at which a vote is to be taken on one of the following listed items.

So in Chatham County the Commission can’t just decide one day to change an ordinance.

Also it appears that the public does get to discuss and debate ordinance changes.

The minutes for 2 December 2011 contain quite a bit of detail as to who said what. Plus for each agenda item that was approved it includes the agenda packet information, such as item IX-2 on the right here, which is about local participation in jail construction.

This isn’t as transparent as Travis County, Texas. Chatham County doesn’t put the agenda packet items in the agenda, and doesn’t do videos. But it’s still more transparent than Lowndes County, Georgia, which doesn’t provide agenda packet items unless you do an open records request for each item you want to see.

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Cloudy transparency on RFP & bidding —Barbara Stratton

Received today on Transparency by a County Commission. -jsq
I don’t know how you found this example, but good work & thanks for the research. This is a real genuine effort to produce government transparency. Anything short of this is faux transparancy. Can you find out how the citizens were able to get this good faith transparancy enacted?

I am expecially concerned with the cloudy transparancy on RFP & bidding procedures within our county. Having spent 12 years in government construction contracting I know the detailed safeguards that have been enacted to protect the taxpayers from contracting fraud & crony capitalist back door agreements. It is my observation that these safeguards are being bypassed by end around tactics & the current popularity of public/private partnerships has a plethora of possiblities for good old boy system abuses.

Recently a local contractor started work on an unfunded, unawarded government project that was exposed by the local newspaper. The city’s answer to the illegal contracting procedures was to issue a contract change order for $143,807 with a 10% contingency. It has been my experience that anytime a contractor starts work on an unfunded project said contractor eats the cost of any work completed & all contractors are aware of this rule.

In addition it is a dis-service to taxpayers for that amount of money to be

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Transparency by a County Commission

Here’s what local government transparency via the web looks like. Our county commission could do this.

Here’s how the Commissioners of Travis County, Texas do it:

Video files of commissioners court meetings are available online. Agenda items are available by noon the day after the meeting.
For example:
Voting Session Agenda
Tuesday, December 13, 2011 Complete Agenda Backup Materials, 120 MB

This web page version is derived from a manual conversion of the official document of record for the convenience of the user. Travis County has posted this notice and agenda in good faith, in compliance with Government Code section 551.056. Please note that, in the event of a technical problem beyond the county’s control that prevents the county from posting here or that results in an erroneous posting, notice of this meeting and agenda posted at the courthouse remains valid

By “Backup Materials” they mean the packet the Commissioners got.

The rest of that web page fior their 13 December 2011 meeting has video and text for ciizens communications and consent items, plus each item that had its backup information in the Commissioners’ packet is separated out with video, text, and backup links.

And for next week’s meeting, 20 December 2011, the complete agenda with links to Continue reading →

About the audio, and thanks to Aaron Kostyu

Answering part of Barbara Stratton’s questions, the audio access was part of the award the Commission gave LAKE for blogging questions like yours. You may know it as a bill of attainder. When the commission moved to the palace, we tried sitting in several locations and found that the front couple of rows, near the edges have the best sound. When we were banished to the back corner, we found the audio on the recordings was nearly inaudible. Perhaps our readers and listeners noticed that too.

When we mentioned the poor audio quality to Aaron Kostyu, Director of Technology, he informed us of the possibility of a direct microphone feed in the “media nook” (to the right of the door as you go in) to a properly equipped camera. He even showed Gretchen a camera that had the proper features. A bit of shopping later, we purchased a Canon HFR21 that appears to have many of the features needed for effective recording of these meetings.

Because the “media nook” speaker output had never been used before Monday, Continue reading →

I feel we are selectively being left out of the process. —Barbara Stratton

Received yesterday on Videos for Lowndes County Commission 13 December 2011. -jsq
These videos are fantastic & I love the sequential playlist. How did you get permission to connect to the county microphones? Thanks to both of you, John & Gretchen, we citizens who can’t make all the numerous meetings have excellent access to view the proceedings. I need info on the new camera please.

I have a question. Since all meetings are open to the public & all information is accessible by open record requests why do the various entities have a habit of not publically answering questions related to money amounts publically? Very often I have noticed all local government entities share a habit of referring money & budget amounts and/or bid questions to the packets each member has in front of them instead of vocalizing them. Since the public attendees do not have access to this information I feel we are selectively being left out of the process. Citizens should not have to process & fund open record requests for information that should be part of the public meeting. Since you have more experience with local entities can you explain this practise?

-Barbara Stratton

ZBOA decides to publish agendas and minutes on Valdosta website

The Zoning Board of Appeals decided unanimously at its 6 December 2011 meeting to publish its agendas and minutes on the City of Valdosta’s website. This item was not on the agenda, but members of such a board can make motions anyway. Member Gretchen Quarterman suggested it. Valdosta City Planner Matt Martin said they could do it no problem. Discussion ensued. They all agreed to post agends before their meetings, and to post minutes after they are approved (usually at the next meeting, a month later). Maybe other local boards and authorities will follow this example.

Left to right: Laverne Gaskins (V), Gretchen Quarterman (L), Paul Alvarado (V), Allan Strickland, Chair (V), Nancy Hobby (V), Dave Kirk (L), Carmella Braswell (Lowndes County Zoning Administrator), Matt Martin (Valdosta City Planning and Zoning Administrator). Absent: Scott Orenstein, Vice-Chair (V), Dr. William Houseal (L). L: Lowndes County appointee. V: Valdosta appointee.

Here’s the video:


ZBOA decides to publish agendas and minutes on Valdosta website
Agendas and Minutes,
Regular Session, Valdosta-Lowndes County Zoning Board of Appeals (ZBOA),
Valdosta, Lowndes County, Georgia, 6 December 2011.
Videos by John S. Quarterman for LAKE, the Lowndes Area Knowledge Exchange.

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