IDOG Fall Seminars

Download our flyer.

The public is invited to attend an upcoming free seminar on Idaho’s key open government laws – the Idaho Open Meeting Law and the Idaho Public Records Law – on Oct. 10 in McCall, Oct. 21 in Boise or Oct. 24 in Nampa, led by Idaho Attorney General Lawrence Wasden.

It’s a chance to learn what is covered by these important laws and how to comply, in a fun and accessible format. Presenters in addition to Wasden will include Deputy Attorney General Brian Kane and IDOG President Betsy Russell. Government agency employees, public officials, reporters, editors and photographers from all media, and interested citizens all are invited.

These sessions are recommended by the Office of the Attorney General, the Association of Idaho Cities, the Idaho Association of Counties and the Idaho Press Club. Admission is free; because space is limited, attendees are asked to RSVP:

 

  • Thurs. Oct. 10, 2019 – MCCALL — Co-sponsored by The Star-News
    Downstairs Community Room, Idaho First Bank, 475 E. Deinhard Lane
    1 pm ~ RSVP to Tom Grote, starnews@frontier.com
  • Mon. Oct. 21, 2019 – BOISE –– Co-sponsored by Ada County, the Idaho Press,
    Idaho Statesman and Boise State Public Radio ~ Ada County Commission Chambers, 200  W. Front St., Boise 83702
    6 pm ~ RSVP to Tom Michael, tommichael@boisestate.edu or (208) 426-1984
  • Thurs. Oct. 24, 2019 – NAMPA – Co-sponsored by the Idaho Press & KTVB-TV
    Nampa City Council Chambers, 411 3rd Street South, Nampa 83651
    6 pm ~ RSVP to Holly Beech, hbeech@idahopress.com or (208) 465-8110

 

IDOG and Wasden have been holding these sessions around the state since 2004. They are funded in part by grants from the John S. and James L. Knight Foundation through the National Freedom of Information Coalition, the Best of the West Foundation, and the Idaho Media Project at Boise State University. Next year’s sessions will be in eastern Idaho.

IDOG is a non-profit coalition for open government whose mission is to promote open government and freedom of information. There’s more information, plus an online “User’s Guide” to Idaho’s open government laws, available at IDOG’s website, www.openidaho.org.

Ada County wants Press Club’s public records lawsuit dismissed

From the Idaho Press

By ERIN BAMER

Ada County is requesting the 4th District Court dismiss the Idaho Press Club’s lawsuit against it.

The suit claims county officials repeatedly violated Idaho’s Public Records Act in response to four public records requests by local reporters.

In a memorandum in opposition filed Wednesday, Ada County Deputy Prosecuting Attorney James Dickinson says the Board of Commissioners and the sheriff’s office followed the law when responding to reporters’ requests, while legally redacting some information to protect individuals’ rights and privileges.

The county also filed a memorandum in support of a motion to dismiss the lawsuit, arguing that the Idaho Press Club did not name or serve the proper parties in the lawsuit, and that the Press Club lacks standing to sue on behalf of the individual journalists.

In the lawsuit, Idaho Statesman reporters Cynthia Sewell and Katy Moeller, Idaho Public Television reporter Melissa Davlin and Idaho Education News editor Jennifer Swindell contend they had public record requests wrongly denied, overly redacted or otherwise mishandled by county officials in recent months, according to an Associated Press report. In the petition, the reporters included 10 pages of emails exchanged with Ada County officials pertaining to the record requests.

“These violations by Idaho’s largest county only encourage further confusion and abuse of public records law throughout the state,” Davlin, who is vice president of the Idaho Press Club, told the AP earlier this month.

In Wednesday’s filings, Dickinson wrote the Board of County Commissioners provided over 1,100 pages of records in response to the three public records requests; the fourth request, he wrote, was an email asking for a 911 call transcript.

“The (Idaho Press Club’s) petition fails for a number of reasons, not the least of which is that it jumbles together four discrete requests — assuming the (Ada County Sheriff’s Office) email inquiry amounts to a request — that should be litigated individually,” he wrote.

Idaho’s Public Records Act does allow for record requests to be sent over email. State code section 74-102(4) states: “A request for public records and delivery of the public records may be made by electronic mail.”

Dickinson argued the Idaho Press Club “misapplies Idaho law,” in that Ada County officials provided a statutory basis for their denials and redactions.

“The (Ada County Board of Commissioners) and the (Ada County Sheriff’s Office) stay abreast of applicable federal and Idaho law and apply it meticulously to every request, carefully balancing all competing interests, including protecting the privacy rights of individuals inherent in many of its records,” he wrote.

Multiple media outlets, including the Idaho Press and the Idaho Statesman, have financially contributed to the Press Club’s effort to bring this lawsuit. Idaho Press reporter Betsy Russell is president of the Idaho Press Club.

A hearing the lawsuit is scheduled for Oct. 2 before 4th District Judge Deborah Bail.

From the Idaho Press

Idaho Press Club sues Ada County over public record access

From the Associated Press

BOISE (AP) — The Idaho Press Club has filed a lawsuit against Ada County, saying officials repeatedly violated Idaho’s Public Records Act in response to four separate public records requests from journalists.

In the lawsuit, filed in Ada County’s 4th District Court, attorney Deborah Ferguson asks a judge to order Ada County to release the public records, contending county officials over-redacted some documents and wrongly denied access to others.

State law says lawsuits are the only remedy for people who believe that their public record request has been wrongly denied.

“People who request public records have a right to appeal, and we look forward to the judge weighing in on the substance of this matter,” said Ada County spokeswoman Elizabeth Duncan.

In the lawsuit, the Idaho Press Club is asking that the judge order the county to comply with the state’s rules for waiving fees associated with access to public records, and to require the county to keep a special log showing why any documents should be kept from release in the future.

In the lawsuit, Idaho Statesman reporters Cynthia Sewell and Katy Moeller, Idaho Public Television reporter Melissa Davlin and Idaho Education News editor Jennifer Swindell all contend they had public records requests wrongly denied, overly redacted or otherwise mishandled by county officials in recent months.

“A vibrant and free press is critical to sustaining the rule of law and is indispensable for people to be informed and to participate in a democracy. By denying and obstructing the access of the press to its public records, Ada County and its agents are thwarting the very purpose of the Idaho Public Records Act: to provide an open and transparent government,” Ferguson wrote in the lawsuit.

The Idaho Press Club said Sewell made her public record request to the Ada County Commissioners in February, asking for correspondence and documents pertaining to the lease or purchase of the Les Bois race track. But according to the lawsuit the commissioners didn’t respond until April — far past the three days allowed by state law. The commissioners also told Sewell they would charge nearly $700 for access to the documents, to cover the cost of searching for and reviewing the emails.

Commissioners later reduced that fee by 25% — to about $520 — and then went further, agreeing to waive the fees altogether in response to Sewell’s request, according to the lawsuit. Still, the county said future fee waivers wouldn’t be considered for any public records requests unless the requestor showed they met not just one but all three waiver criteria listed under the state law.

Davlin, on behalf of the Idaho Press Club, filed a public record request with Ada County in April requesting all documentation on how the county had handled Sewell’s request. The county responded by providing her with documents that were so heavily redacted that even Davlin’s own email address was blacked out, according to the lawsuit.

Swindell, also on behalf of the Idaho Press Club, then filed a public record request with the county in July seeking documents on how the county had handled other public records request in the past. The lawsuit said those responses were similarly redacted.

The lawsuit says the Ada County Sheriff’s Office, meanwhile, denied a public record request made by Moeller in a separate incident. Moeller had requested 911 recordings regarding scooter accidents downtown; the sheriff’s office reportedly told her they would only release the recording if the people who made the calls agreed to the release.

In a prepared statement, Davlin said she believes the lawsuit will result in increased access to public records for journalists and members of the public.

“These violations by Idaho’s largest county only encourage further confusion and abuse of public records law throughout the state,” said Davlin, who is vice president of the Idaho Press Club.

Idaho Press reporter Betsy Russell is president of the Idaho Press Club. The Idaho Press is among Idaho news organizations, as is the Idaho Statesman, that are financially contributing to the Press Club’s effort to bring this lawsuit.

From the Associated Press

Download a copy of the complaint here.

 

 

 

Charter school commission admits to breaking open meeting law

Originally posted on IdahoEdNews.org on August 1, 2019

by Kevin Richert

Thursday’s formal vote was quick and unanimous: The state Public Charter School Commission admitted it violated Idaho’s open meeting law during a contentious closed-door meeting in April.

Public Charter School Commission Chairman Alan Reed addresses the audience at the commission’s special meeting Thursday. (Sami Edge, Idaho Education News.)

But the vote came after a tense one-hour public comment period, when several charter school advocates scolded the commission for breaking the law and violating their trust.

“Any trust I had in being treated fairly was already shaky,” said Kelly Edginton, head of school at Idaho Virtual Academy. “(Now) that trust is zero.”

The commission’s Thursday morning meeting came one week after Attorney General Lawrence Wasden’s office said the commission likely violated the open meetings law during a wide-ranging two-hour executive session on April 11.

But the meeting also came weeks into a simmering controversy that started in June, when the commission inadvertently released a recording of the meeting. Some charter advocates have blasted the commission for maligning student performance at several schools, and discussing the prospects of closing schools or the politics of denying a renewal of a school charter.

On Thursday, several charter administrators said they were blindsided, and said the commission took their test scores out of context. But two charter school lobbyists said April’s meeting was symptomatic of larger problems.

Teresa Molitor, a former board member at Heritage Academy in Jerome, said she was not surprised to listen to the recording and hear commissioners denigrate the school’s test scores.

“I’ve heard the same disdain and condescension from you and your staff for many years,” she said.

Suzanne Budge worked on the 2004 law creating the state charter commission. The main objective was to create a panel that could authorize charter schools — an alternative to local school districts that were sometimes reluctant to take on the authorizing role.

“The commission has strayed very, very far from its original mission,” she said.

The seven-member commission authorizes nearly three-fourths of Idaho’s 56 charter schools.

But some charter administrators and advocates came to the commission’s defense Thursday. They said the panel has an important role in monitoring student performance and charter school finances — even if that means pushing back against the schools under its bailiwick.

“We needed that feedback to get to where we are today,” said Melissa Andersen, secondary school administrator at North Star Charter School in Eagle.

Meridian’s Compass Public Charter School was one of the first schools the commission authorized. The commission quickly put the school on notice over financial issues, and it was a frustrating time, administrator Kelly Trudeau said Thursday.

“The commission was just doing their job. It was not personal,” said Trudeau, who praised the commission for juggling the interests of students, parents and staff.

Thursday’s meeting was at times awkward. Before opening the floor for public comments, commission Chairman Alan Reed offered a mea culpa. “This is an interesting meeting, humbling meeting, to say the least.”

Deputy Attorney General Brian Kane walks the Public Charter School Commission through an open meetings law training session Thursday. (Sami Edge, Idaho Education News.)

At another point, Reed reminded speakers to talk clearly into a microphone, with an attempt at humor. “We love these recordings, you know.”

Several legal issues plagued the April 11 executive session — but one was what Wasden’s office described as “drift.” During the course of the two hours, the focus shifted from confidential student data, the stated purpose for a closed-door meeting, to topics that should have been discussed in an open session.

Commissioners did not debate that point, or any findings from Wasden’s report. Voting unanimously, the commission admitted to violating the law, as Wasden’s office recommended a week ago.

The commission then went into an open meetings training session, attended by Wasden and conducted by one of his deputies, Brian Kane. The training, and the commission’s vote, is a step toward restoring the public trust.

“I understand what it means for you to come forth … and admit your missteps,” Kane said.

From Idaho Education News

Emmett School Board admits open meeting law violation, acts to cure

From Idaho Education News

by Sami Edge

In a five-minute special meeting Tuesday, the Emmett School District board of trustees acknowledged violating Idaho’s open meetings laws on June 5, when the board entered into a separation agreement with outgoing Superintendent Wayne Rush.

Then, trustees promptly corrected that — nullifying the June 5 action and publicly re-approving an agreement that could net Rush more than $123,000.

Tuesday’s meeting followed a legal complaint Idaho Education News filed with the Gem County Prosecuting Attorney’s office, asking for an investigation into whether the Emmett School Board violated open meetings law when trustees first approved Rush’s separation agreement.

Rush’s resignation went public after a June 12 public hearing. However, at that time, Board Chair Jody Harris said trustees had already accepted Rush’s letter of resignation during a June 5 meeting.

The agenda for the June 5 meeting didn’t mention a board vote to separate with the superintendent. Nor did the minutes from that meeting. But, a copy of Rush’s separation agreement obtained by EdNews indicates it was signed by both Rush and Harris on June 5.

Documents show the board met in a closed-door executive session on that day. But Idaho’s open meeting law requires government agencies — such as school boards — to conduct business in public. Closed-door executive sessions are allowed for limited reasons, but the law forbids government agencies from taking any final action in executive session.

Emmett officials called for Tuesday’s special meeting after Gem County Prosecutor Erick Thompson received Idaho EdNews’ complaint.

Budgets, salaries, grad rates: See data relating to Idaho public schools »

“Question has been raised with regard to possible violation of Idaho open meeting act, associated with the board meeting of June 5,” trustee Jefferson Jenkins said during Tuesday’s meeting.

He asked fellow trustees to “self-recognize a violation of the open-meetings act,” and render any improper action at that meeting null and void.

The vote was unanimous. So was the vote on the next item: a motion to re-approve Rush’s separation agreement.

Asked last week for comment on the special meeting, and allegation of an open meetings law violation, board chair Harris declined to speak to EdNews.

Emmett trustees are scheduled to discuss the superintendent search during a meeting at 6 p.m. Wednesday. The board will discuss the search in an executive session; the meeting agenda says trustees could take action on the search after their closed meeting.

EdNews reporter Clark Corbin contributed to this report. 

From Idaho Education News

Charter schools express concerns over commission’s closed meeting

From the Idaho State Journal

An audio recording of an Idaho Public Charter School Commission closed-door meeting has prompted two charter schools to express doubts about the commission’s integrity and oversight.

The chairman of the state charter school commission, Alan Reed, responded to that criticism on Saturday morning with a press release stating that the commission was correct for not opening the closed-door meeting to the public. He also said his comments during the meeting have been misquoted and mischaracterized.

Heritage Academy, a Jerome charter school with 175 students in grades kindergarten through eighth, says it’s outraged after obtaining the audio recording of the charter school commission’s April 11 executive session held in Boise. Heritage said it obtained the audio recording from four different sources to ensure its accuracy.

The Blackfoot Community Learning Center, a charter school in Blackfoot that educates 600 students in grades K-8, also obtained the audio recording and has made it available online at https://emaillargefile.com/p/HLM8FLPYRBC.

Reed said in his press release that the April 11 closed-door meeting was accidentally recorded by the commission and then accidentally released by the commission.

“Due to these two mistakes we did not do very well for those children,” Reed said in reference to the children who attend the charter schools discussed during the recorded meeting. “I am sorry about that and sincerely apologize to them.”

SHOULD CLOSED-DOOR MEETING HAVE BEEN OPEN TO PUBLIC?

After listening to the recording, Blackfoot Community Learning Center said via a press release issued late Friday night that it believes the commission probably violated the state’s open meeting laws by not holding the April 11 discussion in public.

Blackfoot Community Learning Center stated, “The purpose of open meeting laws is to allow for transparency and input from the public. The commission spent a great deal of time discussing in (the April 11) executive session how they could convince the legislature and governor’s office why it is necessary to close some charter schools in Idaho. This is a discussion that needed to be had in an open meeting, not behind a closed door.”

Much of Reed’s press release dealt with the issue of whether the meeting should have been open to the public.

“Some schools had small data numbers and due to our responsibility to keep individual student information confidential, we were instructed to hold the discussion concerning these schools in an executive session,” Reed said via his press release. “This was the direction given to us by our attorney from the (Idaho) Attorney General’s Office. Our attorney was present during the entire meeting and was responsible to make sure we did not stray into any topic or discussion not appropriate under the law.”

Heritage officials issued a press release on Friday afternoon voicing concerns about the “disparaging comments” the audio recording allegedly revealed the commission members saying about Heritage and other charter schools in the state.

The charter school commission is the state government agency in charge of overseeing Idaho’s approximately 50 public charter schools. Those schools educate over 20,000 Idaho children.

OUTRAGE OVER COMMENTS ABOUT JEROME

Heritage officials said the audio recording revealed the charter school commission’s members taking “potshots” at the Jerome School District and “slamming” the residents of Jerome.

Heritage officials are very upset with charter school commission chairman Reed, who was allegedly caught on the audio recording saying about Jerome, “What are we going to do with that town?” Heritage officials also said Reed, a dairyman, is heard on the recording saying he would not consider opening one of his ice cream shops in Jerome because “ice cream doesn’t build brain cells.”

Heritage officials said the commission’s comments were particularly hurtful considering that 95 percent of Heritage’s students need government assistance to pay for lunch, 25 percent are students with disabilities, and 23 percent are Hispanic children trying to learn how to speak English.

In response Reed said, “Our discussion (at the April 11 executive session) was concerning the test scores of the students at (Heritage Academy) and the local (school) district. They are well below state average and I was concerned for the children’s education in the area. The schools have a challenge there. Administrators for the charter school have even expressed the unique challenge they have to educate their students. This is what I said, ‘As a society what are we going to do with that town.’ My continued sentence was to help with those children. Many people began speaking and drowned out my sentence and thoughts. My comments and thoughts were only for the help and benefit of the children and their schools.”

Reed continued, “The next quote they gave me credit for was I wouldn’t consider opening an ice cream shop in Jerome because ice cream doesn’t build brain cells. As you listen to the recording we are discussing the data of the schools (and) another commissioner makes a comment off topic that maybe if I put an ice cream store in Jerome it would help. This suggestion was so off topic I made an off-the-cuff remark back at that commissioner because that was not a solution. Was it meant as a disparaging or disrespectful comment at the people of Jerome? No. It was a response back to a person for something they said. In the (Heritage Academy) press release I was truly misquoted and completely taken out of context.”

The Blackfoot Community Learning Center came to Jerome’s defense in its response to the audio recording. The learning center stated, “The comments made about the community of Jerome and Heritage Academy are not becoming or worthy of a unit of Idaho state government. The attitude toward the people of Jerome is very disheartening and reflects poorly on the commission as well. The remarks are even more troubling given that Heritage Academy serves many at-risk and special needs students.”

The audio recording of the commission also included what Heritage officials are calling “factually incorrect statements” about their school and its leadership.

NO CONFIDENCE IN CHARTER SCHOOL COMMISSION

Heritage officials said via their press release that after listening to the recording they do not believe “the current commission and its staff are capable of providing proper leadership for Idaho’s public charter schools.”

Heritage school board chairman Carroll Cone said about the commission, “It is very concerning that individuals like those who participated in the (recorded) discussion have been appointed or hired. It is my hope that these individuals could be replaced with those who support all Idaho public schools, not just those they consider high-performing.”

Longtime Jerome resident Anneli Crouch, who has children attending Jerome School District schools and Heritage Academy, was quoted in the Heritage press release as saying, “It is concerning for the Jerome community and for all of the communities criticized and slandered by the comments of commissioners and their staff members. Our children and our communities deserve better.”

Blackfoot Community Learning Center officials said that the commission also unjustly criticized their school on the audio recording.

The learning center stated via its press release, “We are troubled by remarks made about our school. We are a group of educators, volunteers, and parents who spend many hours each year trying to provide educational options for the people of Blackfoot and Bingham County. The remarks of the commission on the recording would indicate that many of the commissioners do not value the many volunteers or educators around the state who serve charter schools.”

The Blackfoot Community Learning Center said the state charter school commissioners caught on the audio recording were also unjustly critical of the Idaho School Boards Association.

Heritage officials said via their press release that they too believe the April 11 executive session should have been open to the public instead of being held behind closed doors with no members of the public present.

“Idaho open meeting law allows public boards and commissions to discuss a limited number of issues such as protected student records, in closed meetings,” the Heritage press release stated. “However, the commissioners and their staff members used the guise of discussing student data (at the April 11 executive session) to talk about individual schools, school employees, school boards, communities and state education organizations outside of the public’s view.”

Heritage continued, “In addition, commissioners and staff members deliberated and planned actions that are only allowed to be discussed in an open forum where Idaho’s citizens can observe, comment, and remain informed.”

Reed reiterated in his press release that the commission was correct in holding the meeting in executive session with no members of the public present and the Idaho Attorney General’s Office is in agreement with that decision.

“We were under the close eye of the attorney from the Attorney General’s Office and we were told everything was in line with the law,” Reed stated. “We take the open meeting law very seriously and so does the attorney general. That is why one of his attorneys is with us all of the time.”

ATTORNEY GENERAL AND GOVERNOR CONTACTED ABOUT RECORDING

Heritage officials said they have contacted the Idaho Attorney General’s Office about the audio recording and the school is working with its own attorney to further investigate the commission.

The Attorney General’s Office told the Journal late Friday afternoon that it is aware of the concerns regarding the audio recording but is not ready to make further comment.

Gov. Brad Little’s office has also been made aware of the audio recording but the governor has not yet issued a statement.

The Blackfoot Community Learning Center said in its press release that “it is unfortunate that the recorded executive session will injure the reputations” of the commission’s members.

The learning center stated, “After this episode, we hope the Idaho Public Charter School Commission will work to rebuild the relationship of trust it should have with the many charter schools in the state.”

Reed acknowledged in his press release that some of the commission’s comments during the April 11 executive session could be interpreted as “harsh, tough and unsupportive.”

But he added, “When you are in a meeting where you believe you are having a very frank and honest discussion that is only between you and another person you do not protect your language the way you would in a public meeting. You are not always ‘politically correct.’ That does not mean you are not sincere about wanting to help, serve and do what ever you can to help someone. The commission only wants to help each school and the children that attend to be better each day school is in session.”

From the Idaho State Journal

Subpoena reveals IDOC failed to turn over hundreds of pages of records in battery case

From the Idaho Press

By TOMMY SIMMONS

The Idaho Department of Correction has responded to a subpoena and turned over hundreds of pages of previously undisclosed evidence just weeks before a case was set to go to trial.

The case is that of Robert Mendez, 38, an inmate who prosecutors say broke another inmate’s jaw in May 2018. He is charged with aggravated battery, which is the same crime for which he was in prison to begin with.

The case had initially been set for trial May 30. About a month before that, a judge in a different case declared a mistrial after learning that IDOC officials had withheld records. That prompted the Ada County prosecutor in Mendez’s case, Brent Ferguson, to physically inspect department files himself. He found correction officials in Mendez’s case, too, had not turned over information they should have.

The case has since been in limbo, as Ferguson filed a subpoena on May 2 and Reed Smith, Mendez’s attorney, waited to receive the new evidence himself.

He did finally receive it Wednesday morning, he said in court. It was voluminous.

“I think it’s over (200 or) 300 pages, something like that,” Smith told 4th District Court Judge Nancy Baskin.

Among those records were six documents that department officials and attorneys at the Idaho Office of Attorney General were concerned about handing over to Mendez. Those six documents — numbering 15 to 20 pages, Ferguson estimated — contain information about prison gangs and how department officials combat them.

The records “endanger other inmates mentioned in the documents,” according to a motion Ferguson filed Tuesday.

“To be perfectly honest, Your Honor, what the state is ultimately going to ask for is that the defendant not be given access to them, but that Mr. Smith have them, is what I’m asking for,” Ferguson said.

Smith didn’t have qualms with the idea, saying the documents in question weren’t germane to Mendez’s case specifically.

After Ferguson first learned the department hadn’t turned over all relevant evidence, attorneys asked to cancel the scheduled trial and said they were working toward a plea agreement. That agreement was pushed back as they waited to receive the subpoenaed documents.

On Wednesday, Smith asked for yet another two weeks to review the evidence before Mendez made a decision on whether to accept a plea deal in the case.

Baskin granted that request and scheduled a court date in the case for June 13.

From the Idaho Press

And the champion for transparency title goes to…

Editorial from the Coeur d’Alene Press

He’s a sheep in Woolf’s clothing.

Brandon D. Woolf is Idaho’s controller, and if you don’t know what that is, no worries. Many people don’t.

According to the job description, Idaho’s controller is “the chief fiscal officer of state government [who] manages Idaho’s fiscal affairs which include paying all obligations of the state, paying all state employees, as well as maintaining the centralized financial management reporting and accounting systems.”

Of all those words, the one that jumps out today is “reporting.” Woolf, who has basically grown up in the controller’s office — he started there as an intern 23 years ago and worked his way up — takes that part of his job seriously.

Lucky for you.

Woolf and team were in town recently to demonstrate one of the most advanced and transparent government websites on the planet. If all goes according to plan, you should have access to it later this week.

While the average mortal isn’t a numbers geek, most citizens have a vested interest in knowing how public servants are spending taxpayers’ hard-earned dough. The website, transparent.idaho.gov, is effective now with pages of updated info. But what the improved site will do is provide you levels of information far beyond a department’s or agency’s payroll and expenses.

For example, your legislators’ detailed expenditures will be simpler to access and compare than ever. (Hint: Rep. Vito Barbieri continues to be one of the state’s big spenders.) You want specificity? With a few key pecks, you can learn tons about the vendors supplying goods and services to the state. (Hint: Fish and Game folk like pizza.)

One of the best things about the stance taken by Woolf & Team is this: They don’t shy away from the idea that state government’s financial activities are actually overseen by 1.7 million Idaho “auditors.” In fact, they embrace the highest level of transparency possible.

They fully understand that by shining light in the darkest places, as Woolf puts it, only good things will happen. You can test that theory yourself. When people know someone is watching — whether it’s their mom, their boss, their spouse or 1.7 million citizens — people tend to focus harder on doing the right thing. They become more responsible. They become more efficient. And guess what? Because they’re doing the right things, they feel better about the work they’re doing.

Brandon Woolf is, in our view, a shining example of what a public servant should be. Not only has he surrounded himself with excellent staff, but he walks the walk that all good leaders do.

Example? When he buys lunch for his crew, he or his right-hand man, Josh Whitworth, don’t pass that bill along to taxpayers. They pay for it out of their own pockets.

How do we know? We looked it up on transparent.idaho.gov.

Editorial from the Coeur d’Alene Press

IDOC turns over more withheld documents after lethal injection records trial

From the Idaho Press

By TOMMY SIMMONS

BOISE — Idaho Department of Correction officials have discovered six more records they should have turned over in response to a public records request in 2017.

The request is at the center of an ongoing lawsuit. University of Idaho law professor Aliza Cover sued the department in 2018 for denying her request for public records about the chemicals used in executions and where the chemicals came from.

In March, 4th District Court Judge Lynn Norton ordered the department to turn over information about the source of the chemicals used in the 2012 execution of Richard Leavitt but could withhold certain pieces of information related to the 2011 execution of Paul Rhoades.

Both parties have appealed to the Idaho Supreme Court.

In the meantime, however, Norton also ordered the Department of Correction conduct a thorough, final search of its records, to see if more documents remained that should have been given to Cover in 2017.

The department found six such records — three documents and three email conversations — and realized it no longer had access to files on a former director’s hard drive.

Those records have since been handed over to Cover, according to the May 17 document from Jeff Zmuda, IDOC deputy director.

“I met with staff from the IT department,” Zmuda wrote in the document. “As a result of that meeting, staff completed two additional searches to ensure the department had completed a diligent search of records responsive to petitioner’s public records request.”

Zmuda provided a list of department employees whose hard drives might contain relevant records. Among them were current department director Josh Tewalt and himself, as deputy director. The staff ran searches using specific terms he wrote. Those included: pharmaceutical, Leavitt, Rhoades, chemical, execution, supplier and lethal injection.

He also directed the staff to search the hard drives of former directors, including Kevin Kempf and Brent Reinke, who served as director from 2007 until his resignation in 2014.

“Based on IT’s efforts, it was determined that former director Brent Reinke’s hard drive was no longer available,” Zmuda wrote.

In her ruling, Norton found Zmuda testified “disingenuously” in an affidavit related to the case. She also said Jeff Ray, the department’s public information officer, acted in bad faith in declining to release the records to Cover originally and ordered him to pay a $1,000 fine — the maximum the law allows.

Zmuda has since accepted a position as Kansas’ secretary of prisons and will start July 1.

The case resulting from Cover’s request is one of multiple cases involving the Idaho Department of Correction in which records and record-keeping were in question. Earlier this month, a judge declared a mistrial, and the Ada County Prosecuting Attorney’s Office dropped charges in the case against seven inmates accused of rioting, after it was learned — in court — that the department had withheld records and may have altered at least one.

Days after prosecutors dropped those charges, another Ada County prosecutor told a judge he’d learned, after personally inspecting department records himself, that the department had again failed to turn over all relevant evidence in a separate case. The case had been set for a trial, but attorneys have opted instead to try to work out a plea deal. It is scheduled for a hearing June 5.

From the Idaho Press

State controller planning major upgrade to ‘Transparent Idaho’ website

From the Idaho Press

By BETSY Z. RUSSELL

BOISE — Idaho state Controller Brandon Woolf is planning a major upgrade to his “Transparent Idaho” website to move it toward his long-sought goal of making the state’s checkbook-level financial information easily available and searchable online.

The site, which Woolf launched in 2013 — with data that’s automatically updated every night — has information ranging from state employee salaries to payments made on state contracts to expenditures on travel, employee counts by agency and more.

“This is truly our opportunity to open the books,” Woolf told reporters Tuesday. “This is the citizens’ money, and they have the right to know how that money is being spent.”

Woolf is the twice-elected state controller; he started working in the state controller’s office as an intern in 1997, working his way up through an array of positions there over the years, and holds an MBA from Boise State University and a political science degree from Utah State University.

Woolf said public trust in government has been dropping for decades, and he sees increased transparency as a way to help restore it. The effort also should help deter fraud, he said, as public officials know people are watching; increase accountability; and provide data that can assist policy makers in decision-making.

The current site at transparent.idaho.gov will get new tools including more dynamic charts and reports; a plethora of ways to slice, dice and view the data as well as to sort, download or share it; and increased searchability and detail.

Woolf said his goal over the next four years is to continue expanding the site to include local government financial data, as well, along with increased detail on state finances that will become available as part of a multi-year upgrade of the state’s financial systems.

As he’s done all along, Woolf is building the site from within his budget, rather than getting an additional appropriation from the state; the upgrade includes a $125,000 annual contract with OpenGov, a Silicon Valley-based technology company that provides similar cloud-based open-government portals to more than 2,000 government agencies in 48 states.

OpenGov Vice President Tim Melton, a former Michigan state representative and former county commissioner, said, “Government has more data than anybody.” But government typically spends 80 to 90 percent of its effort on collecting data and just 10 to 20 percent on analyzing it, he said. “We try to flip that.”

OpenGov, founded in 2012 and developed by a group of partners including technologists from Stanford University, serves only public agencies.

Woolf said the cost of the annual contract will be covered “from savings and efficiencies within our own office.”

One of the benefits of the transparency site, he said, is that public information that previously required a citizen to file a public records request is proactively made available online for free, saving time and money both for the citizen requester and for the state.

In some ways, Woolf said, the site could be viewed as helping turn Idaho’s 1.7 million citizens into “1.7 million auditors,” all capable of watchdogging their own government and its finances.

The upgraded site is scheduled to go live within the coming weeks and should be up and running by June 1. Additional upgrades will continue over the next four years.

From the Idaho Press