from THE IDAHO STATESMAN, May 17, 2005 – “Our View”

Higher ed meeting should be open to public

Important people – many of them elected – will meet behind closed doors next month to talk about higher education.

The topic will be two campuses in Idaho Falls. The discussion has clear local implications: It could shape satellite campuses in Boise and perhaps Boise State University’s Nampa community college.

Yet Gov. Dirk Kempthorne, who decided to bring together a who’s who of politicians and educators, is promising them a private venue to talk about a publicly funded higher education system.

That’s inappropriate and unnecessary.

Inappropriate because the topic deserves a public airing. The framework of higher education – which school offers what program, and how the state avoids duplication – is important. The issue is particularly gnarled in Idaho Falls, which has no stand-alone college but two taxpayer-supported facilities located across town from each other. Students can attend Eastern Idaho Technical College or, on a satellite campus, courses from University of Idaho or Idaho State University.

Unnecessary because public officials should feel free to kick public policy ideas around in public settings. If they are afraid to discuss public policy freely before the public, they ought to retire from public service.

It’s a no-brainer to talk about how public institutions in the same city ought to operate without overlap. Idaho needs to expand a community college system that ill-serves students and employers across much of the state. It cannot afford to squander money on duplicative programs at any satellite campus – be they in Idaho Falls, or Boise or Nampa. All taxpayers have a stake in open discussion.

There’s no good reason to allow county commissioners, City Council members, legislators, State Board of Education members and university officials to meet behind closed doors. Kempthorne “wants them to be able to talk freely and get some solid conversation going,” his spokesman, Michael Journee, said Monday.

This kind of argument has never made the case for secrecy at any level of government. The people on Kempthorne’s guest list are powerful, opinionated public officials. They don’t need a cloak of secrecy.

Journee said he unaware of anyone who requested the closed meeting. The ground rule evolved as Kempthorne’s office started to put the meeting together.

The meeting is tentatively scheduled for June 22. Kempthorne has ample time to set a date and open the doors.

Editorial from The Idaho Statesman

From THE SPOKESMAN-REVIEW.

Court yet to rule whether privacy can exempt records from disclosure

Susan Drumheller
Staff writer
April 19, 2005

E-mail exchanges between the Kootenai County prosecutor and an employee are public records and are not exempt from the Idaho open records law, a 2nd District judge said Monday.

But Judge John R. Stegner of Lewiston said he still must decide if the Idaho Constitution grants public employees an overriding right to privacy, which would exempt the records from disclosure.

Cowles Publishing Co., which owns The Spokesman-Review, has sued the Kootenai County Board of Commissioners to gain access to all e-mail between Prosecutor Bill Douglas and former Juvenile Education and Training (JET) Court coordinator Marina Kalani.

If Stegner rules in favor of the newspaper, the 889 e-mail messages at issue won’t be released to the public until any potential appeals are resolved, he said.

The Lewiston judge was assigned to the case to avoid any potential conflict of interest for Kootenai County judges.

The Spokesman-Review’s initial request for the e-mail on March 10 was partially filled when the county provided copies of 461 of 1,060 e-mail messages between Douglas and Kalani, who was hired in the spring of 2004 as JET Court coordinator. Of the e-mail messages released, 290 were heavily edited.

Most of the e-mail made public addressed the day-to-day operations of the JET Court, upcoming conferences and some references to the court’s recent financial troubles and lack of participation by juveniles.

Spokesman-Review reporter Erica Curless made her request after JET Court’s supervising judge, District Judge Benjamin Simpson, quit after expressing in a memo that he had “serious concerns about ongoing personnel problems and legal issues.”

Seeking answers to why the court had dissolved, the Kootenai County commissioners and the newspaper separately sought the e-mail between Kalani and Douglas, who was her supervisor.

According to an affidavit by Kootenai County Commissioner Gus Johnson, the e-mail he reviewed suggested an inappropriate relationship between the prosecutor and Kalani. Both have denied that suggestion.

The county, despite being named a defendant, is taking a neutral position in the lawsuit, said Bentley Stromberg, the attorney representing county commissioners. Instead of advocating for full disclosure or nondisclosure of the e-mail, Stromberg said, the county’s role is to explain, frame and preserve the documents and issues for the sake of judicial review.

In response to The Spokesman-Review’s records request, the county did not supply e-mail or portions of e-mail messages that the county deemed unrelated to conducting the public’s business or anything that contained juvenile, personnel, health or investigatory records.

Both Kalani and Douglas intervened in the lawsuit, and their attorneys argued for keeping their e-mail private. Their attorneys argued against the presumption that they are open to public purview.

Kirtlan Naylor, representing Douglas, also pointed out that the number of e-mail messages – more than 1,000 exchanged in about a year’s time – is misleading because many were replies to replies.

Contacted after the hearing, Kalani said she appreciated Naylor bringing up that point: “When an e-mail consists of ‘OK’ or ‘thanks,’ is that substantive? No.”

When asked why she had declined to release the e-mail herself, Kalani said, “For the same reason I don’t let a police officer search my apartment at random without a search warrant.

“Is it because I have something to hide? No,” she said. “We have a right to personal privacy.”

Kalani’s attorney argued that public employees have a constitutional right to privacy that overrides the state open records statute. Stegner agreed to study that point in more detail.

Duane Swinton, attorney for Cowles Publishing, argued that e-mail messages retained by the county government are, by definition, public documents under Idaho law. But what pushed these particular e-mail messages further into the public domain was the fact that they had been used by commissioners to review the reasons for the demise of the county’s JET Court.

“We are dealing with a review not of excessive e-mails, although that certainly is an issue here, but of the content of those e-mails,” Swinton said.

Swinton also pointed out that the county’s own policy regarding employee e-mail makes it clear that when employees use the county e-mail system, they waive their right of privacy and those e-mail messages will be treated as public record.

• Anne Abrams
  Idaho State Library
  325 W. State St.
  Boise, ID 83702
• A.L. “Butch” Alford
  Lewiston Morning Tribune, Idaho Allied Dailies
  505 C St.
  Lewiston, ID 83501
• Bill Manny
  Idaho Statesman
  1200 N. Curtis Rd.
  Boise, ID 83706
• Elizabeth Brandt
  University of Idaho College of Law
  6th and Rayburn Streets
  Moscow, ID 83844-2321
• Elinor Chehey
  League of Women Voters
  2705 N. 32nd St.
  Boise, ID 83703
• Allen Derr
  Attorney at Law
  200 N. 3rd St.
  Boise, ID 83702
• Tom Grote
  Star-News, Idaho Newspaper Foundation
  1000 1st St.
  McCall, ID 83638
• Dean Miller
  The Post Register
  333 Northgate Mile
  Idaho Falls, ID 83402
• Betsy Russell
  Idaho Press Club, The Spokesman-Review
  2601 Hillway Dr.
  Boise, ID 83702
• Bob Rosenthal
  Idaho State Broadcasters Association
  270 N. 27th St.
  Boise, ID 83702
• Ben Ysursa
  Idaho Secretary of State
  700 W. Jefferson St.
  Boise, ID 83720

The collection of links below will take you to web sites with information about open records and meetings.

• Open Meetings
• Open Records
• Cameras in the Courtroom
• Federal Freedom of Information Act (FOIA)
• Idaho Press Club
• National Freedom of Information Coalition

• IDOG and Idaho Attorney General Lawrence Wasden will present a mini-IDOG seminar to highway district clerks from throughout Idaho at the annual meeting of the Idaho Association of Highway Districts on Nov. 14, 2007, at 1:30 p.m., in Boise.
• IDOG open meetings and records seminars are now being planned for Idaho Falls this coming spring and other locations around the state over the next two years.

What is IDOG?

Idahoans for Openness in Government, or IDOG, is a broad-based, non-profit coalition for open government. Like similar coalitions in more than 40 other states, IDOG’s mission is to promote open government and freedom of information. IDOG’s board includes people from inside and outside of government, the media, civic organizations and more.

IDOG’s initial project is to put on open-government seminars in communities across the state of Idaho, in partnership with the Idaho Attorney General, the Idaho Press Club, the Idaho Association of Counties and the Association of Idaho Cities. We expect to reach all parts of the state with these workshops, focusing on Idaho’s public records and open meetings laws. IDOG received funding for this project from the National Freedom of Information Coalition through a grant from the John S. and James L. Knight Foundation. We also received a grant from the Best of the West Foundation, a group dedicated to openness and freedom of information and funded by an annual journalism contest.

IDOG’s mission is to foster open government, supervised by an informed and engaged citizenry. We believe that we all benefit when the public, the media and government officials are fully aware of the public’s rights to access government information and observe the conduct of the public’s business.

Coming soon

IDOG is developing a multimedia DVD version of our open-government seminars, working on public service announcements on citizen access to government, looking into a future statewide public records audit to determine how our state is doing as far as compliance with public records laws, and operating a website, www.openidaho.org, featuring information about IDOG and its activities along with news clips on open records and open meetings developments around the state.

Join us!

You can support IDOG by becoming a member, for just $10 annually for an individual or $100 for an organization. Just send us your check and a note about your interest in these issues. We’d love to have your help!

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