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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (March 17, 2016)
5A THE DAILY ASTORIAN THURSDAY, MARCH 17, 2016 Washington lawmakers exempt from releasing emails By WALKER ORENSTEIN Associated Press OLYMPIA, Wash. — Top lawmak- ers in Washington largely exempt them- selves from the state’s public records law, and their of¿ces did not release emails sent and received by their government accounts when requested. As part of a nationwide project by The Associated Press, a week of emails and daily schedules of Gov. Jay Inslee and four leading lawmakers in Olympia were requested to examine to what extent they’re free from releasing their communications. Emails and schedules from the week of Feb. 1-Feb. 7 were not provided by the of¿ces of 6peaker of the +ouse Frank &hopp, '-6eattle, +ouse Minority Leader 'an .ristiansen, 5-6nohomish, 6enate Majority Leader Mark 6choesler, 5-5it]- ville, and 6enate Minority Leader 6haron Nelson, D-Maury Island. In denying the request, their of¿ces cited a de¿nition of ³legislative records´ in the Public Records Act which exempts ³reports or correspondence made or received´ by individual members of the Legislature. The de¿nition, put into place when the act became law in the early 1970s, does not include daily schedules as a legislative record. 6till, lawmakers in the past have released emails when asked, according to Rowland Thompson, executive director of the Allied Daily Newspapers of Wash- ington. Thompson has been following the issue for more than 20 years, he said. ³This is a bit of a sea change for them to all say ‘no we’re not going to comply with your request,´’ he said, but added a more narrow or speci¿c records request might have been answered by some lawmakers. 6choesler, when asked if his emails should remain private, said ³it’s com- plicated.´ +e defended keeping emails exempt from records laws, and said it allows whistleblowers to contact lawmak- ers without fear of being exposed and retal- iated against. ³We handle domestic violence, we have whistleblowers,´ 6choesler said. ³That’s one item that clearly comes to mind immediately.´ The identity of people who are report- ing ³improper governmental action´ is exempt from public inspection under the state Public Records Act. There are also exemptions in place for domestic violence programs. &hopp said his of¿ce has worked with reporters to release records if a request is speci¿c enough, and said he prefers a more open government where possible. +e said he plans to take the temperature of +ouse Democrats soon to see if there is support for broadening the de¿nition of legislative records. But he added he didn’t think there was wide backing in the Legislature for such a change. ³I’m going to take a look at it as soon as session is over to actually ask people and delve into it more,´ he said. Inslee’s of¿ce released 9 emails and his daily schedules. Inslee has said he will not exercise an ‘executive privilege’ to shield some documents from the public, as the state’s high court permitted in 201. HOW OTHER NORTHWEST STATES FARED The Associated Press Lawmakers in every state have adopted laws requiring most gov- ernment meetings and records to be open to the public. But in some states, lawmakers have exempted themselves from complying. The Associated Press sent open-records request to the top lawmakers in all 50 states and most governors, seeking copies of their daily schedules and emails from the government accounts for the week of Feb. 1-7. The AP received more denials than approvals from law- makers. It did not generally request emails from private accounts be- cause rules and practices on those vary widely from state to state. Summaries showing how they responded in each state: ALASKA Under a policy set by the Legisla- tive Council, records of a legislator while in that lawmaker’s possession are not public records based on the deliberative process privilege and a state constitutional provision dealing with legislative immunity. But all lawmakers can decide whether to release information from their re- cords. Republican Senate President Kevin Meyer provided a copy of his calendar and allowed a reporter to look over an aide’s shoulder to see how his email inbox is sorted. The other three top legislative leaders ultimately denied the request, re- sponding with either a legal opinion on what the law requires or a copy of the legislative records’ policy. Gov. Bill Walker’s office released a copy of his calendar. It was still working on a request for his emails. CALIFORNIA Ted S. Warren/AP Photo Fog shrouds the Legislative Building at left, March 10, near midnight at the Capitol in Olympia, Wash. The Assembly and Senate Rules committees declined requests for emails and calendars for the top legislative leaders, citing a number of exemptions including privacy and legislative privilege. California’s legislative branch is bound by a less transparent public records law than the executive. It exempts from public disclosure all “correspondence of and to individual members of the Legislature and their staff” as well as any communications between private citizens and the Legislature. The committees also cited a 1991 California Supreme Court decision allowing government agencies to maintain the secrecy of public offi- cials’ appointment calendars. Gov. Jerry Brown’s office said it releases the governor’s calendar monthly and declined to provide earlier access to a week of appointments. Brown’s office said he did not use his official email account during the first week of February, the week requested by the AP. IDAHO Idaho’s top four legislative leaders agreed to release their emails and personal calendars after requesting an extension for more time to review them for possible exemptions. Together, the speaker of the House, Senate president pro tem and minority leaders in both chambers had more than 3,700 emails. Law- makers’ emails are public records under Idaho’s open records laws, a statute the Legislature adopted in 1990. However, fulfilling that request would not have been free because state law allows officials to charge after providing one free hour’s of work. Gov. C.L. “Butch” Otter’s typ- ically provides emails and personal calendars with little to no redaction. MONTANA The state’s top lawmakers gen- erally cooperated with requests for emails and schedules, but in some cases were reluctant to do so. The Senate president, Debby Barrett, responded only when pressed. When she did respond, she simply stated that she conducted no official business via email during the week in question. A legislative subcommit- tee last month took up the issue of public requests for email and direct- ed staff to clarify existing guidelines, including the use of personal email addresses in the conduct of public business. Some legislators, even when using government-issued accounts, balked at providing all correspondence that flowed through their government-issued accounts, citing privacy. Staff members for Gov. Steve Bullock said they would work on fulfilling the request, but about a month later had yet to pro- duce the documents. OREGON Oregon’s governor and top lawmak- ers have agreed to comply with the requests for calendars and emails, which are public record under state law. Half of the eight top lawmak- ers who received records requests released their calendars, including the Senate president and House speaker. Some information was redacted, including phone numbers, addresses and details about specific events. Release of the calendars from the other four lawmakers and the gover- nor are pending, as are the requests for emails. Legislative staff said the number of emails is 1,000 or more for the governor and some lawmakers. It’s common for responses to records requests to take months in Oregon, particularly with the governor and lawmakers while they are in session. Although Oregon’s public records laws are applied broadly, there are some exceptions for the Legislature. For example, lawmakers and legisla- tive staff can ignore records requests filed between the 15 days leading up to the start of the legislative session and when it adjourns. When the session is over, however, the same records requests can be re-submitted and the Legislature would have to comply. Only one lawmaker initially chose to ignore the AP’s request, but later decided to comply. WYOMING State law exempts the Wyoming Legislature from the open-records law. Under Wyoming law, lawmak- ers do not have to disclose any communication with constituents or correspondence with legislative staff. The request for emails and calendars to both the Republican and Dem- ocratic leaders in the state Senate and House resulted in the same basic reply, noting the exemption. Republican Gov. Matt Mead, who is not exempt from any provisions, released his calendar, minus certain sensitive security details, and emails. However, the state Supreme Court has ruled recently that public officials can refuse public inspection of docu- ments they relied on in reaching final policy decisions. The ruling came in a case against the governor’s office. Information compiled by AP report- ers in all 50 states. U.S. Senate bill would make it easier to access government records By MARY CLARE JALONICK Associated Press WA6+INGTON — The 6enate on Tuesday backed leg- islation to make it easier for Americans to obtain govern- ment records. The bipartisan bill, passed by voice vote, would require federal agencies to consider the release of government information under ³a presump- tion of openness´ as opposed to a presumption that the infor- mation is secret. The legislation aims to reduce the amount of exemp- tions the government uses to withhold information and would create a single portal through which individuals can submit a Freedom of Infor- mation Act, or FOIA, request. Currently, FOIA requests are handled by each separate agency, each with its own rules THE DAILY ASTORIAN T HURSDAY E VENING A (2) (-) (-) (6) (-) (8) (9) (10) (12) (13) (-) (20) (-) (29) (30) (31) (32) (34) (35) (36) (38) (39) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (56) (57) (58) (61) (63) (64) (65) (162) L KATU KOMO KING KOIN KIRO KGW KRCW KOPB KPTV KPDX KCPQ TBS KZJO ESPN ESPN2 NICK DISN FAM FMC LIFE ROOT FS1 SPIKE COM HIST A&E TLC DISC NGEO TNT AMC USA FOOD HGTV FX CNN FNC CNBC BRAV TCM SYFY RFD (2) (4) (5) (-) (7) (-) (3) (10) (12) (-) (13) (20) (22) (29) (30) (31) (32) (34) (35) (36) (38) (39) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (56) (57) (58) (61) (63) (64) (65) (162) 6 about how to submit a request. The legislation was spon- sored by Republican 6en. John Cornyn of Texas and Demo- cratic 6en. Patrick Leahy of Vermont. The bill was timed to pass during what is known as 6unshine Week, an annual celebration of access to public information. ³Today’s vote sends a clear message that the Ameri- can people have a fundamen- tal right to know what their government is doing,´ Cornyn said. Leahy said the idea is to establish a transparency stan- dard that future administra- tions will have to follow. ³We cannot leave it to the next president to decide how open the government should be,´ Leahy said. ³We have to hold all presidents and their administrations accountable to the highest standard.´ Republicans in Congress have complained that the Obama administration hasn’t been fully transparent in shar- ing records with lawmakers and the public, while the White +ouse has critici]ed Congress for exempting itself from the requirements. FOIA does not apply to Congress. The +ouse passed a simi- lar bill in January. Because the two bills are not identical, the +ouse will have to act again to send the legislation to Presi- LISTINGS A - Charter Astoria/ Seaside - L - Charter Long Beach dent Barack Obama. Maryland Rep. Rep. Elijah Cummings, the top Democrat on the +ouse Committee on Oversight and Government Reform, urged 6peaker Paul Ryan, R-Wis., to promptly pass the 6enate bill, saying FOIA reform is long overdue. ³There would be no bet- ter way to celebrate 6un- shine Week than to send FOIA reform legislation to the presi- dent’s desk,´ Cummings said. Evening listings THURSDAY M ARCH 17 PM 6:30 7 PM 7:30 8 PM 8:30 9 PM 9:30 10 PM 10:30 11 PM 11:30 KATU News at 6 Jeopardy! Wheel of Fortune Grey's Anatomy "Odd Man Out" (N) Scandal "I See You" (N) With Murder "Anna Mae" (SF) (N) KATU News at 11 (:35) Jimmy Kimmel KOMO 4 News Wheel of Fortune Jeopardy! Grey's Anatomy "Odd Man Out" (N) Scandal "I See You" (N) With Murder "Anna Mae" (SF) (N) KOMO 4 News (:35) Jimmy Kimmel NBC Nightly News KING 5 News KING 5 News Evening Apocalypse "Saviour Day" (N) The Blacklist Shades of Blue "The Breach" (N) KING 5 News (:35) Tonight Show (4:00) NCAA Basket. NCAA Basketball Division I Tournament (L) KOIN Local 6 Extra Ent. Tonight KOIN 6 News @ 11 (:35) S.Colbert (4:00) NCAA Basket. NCAA Basketball Division I Tournament (L) Post Game Show KIRO 7 News Judge Judy KIRO 7 Profiles KIRO News (:35) S.Colbert (5:30) NBA Basketball Portland Trail Blazers at San Antonio Spurs (L) Apocalypse "Saviour Day" (N) The Blacklist Shades of Blue "The Breach" (N) KGW News at 11 (:35) Tonight Show Seinfeld Seinfeld Modern Family Modern Family DC's Legends of Tomorrow "Fail Safe" The 100 "Wanheda" Pt. 1 of 2 KGW News at 10 (:35) Access H. Met Your Mother Met Your Mother Burt Wolf: Travels Business (N) PBS NewsHour Oregon Revealed 2: Coastal Wonder Painting the Town "Portland, Oregon" To Be Announced 6 O'Clock News Family Feud Family Feud American Idol "Top 5 Perform" (N) 10 O'Clock News 11 O'Clock News Loves Ray 2/2 Mike & Molly Mike & Molly Big Bang Theory Big Bang Theory FOX 12's 8 O'Clock News on PDX-TV FOX 12's 9 O'Clock News on PDX-TV The Mentalist "Paint It Red" The Mentalist "Crimson Casanova" Name Game Modern Family Big Bang Theory Big Bang Theory American Idol "Top 5 Perform" (N) Q13 News at 10 Q13 News Modern Family American Dad American Dad American Dad Cleveland Show Conan (4:15) NCAA Basket. (:45) NCAA Basketball Division I Tournament (L) Two and Half Men Two and Half Men The Simpsons The Simpsons Modern Family Modern Family Q13 News at 9 Big Bang Theory Big Bang Theory Friends Friends (4:00) MLB Baseball Spring Training (L) Baseball Tonight (L) SportsCenter SportsCenter SportsCenter SportsCenter (5:00) Tennis BNP Paribas Open Site: Indian Wells Tennis Garden -- Indian Wells, Calif. (L) NBA Tonight Jalen & Jacoby (N) SportsC Featured College Gameday Scoreboard (L) NBA Tonight Cloudy With a Chance of Meatballs (‘09) Anna Faris, Bill Hader. The Thundermans The Thundermans Paradise Run School of Rock Full House Full House Friends Friends Austin & Ally Austin & Ally Girl Meets World K.C. Undercover Wizards of Waverly Place: The Movie Selena Gomez. (:45) Best Friends (:10) Austin & Ally (:35) Bunk'd Liv and Maddie Girl Meets World Despicable Me (‘10, Ani) Voices of Jason Segel, Russell Brand, Steve Carell. The 700 Club Movie (:45) Bedtime Stories (2008, Fantasy) Keri Russell, Guy Pearce, Adam Sandler. (5:00) The Twilight Saga: Eclipse (:20) Final Destination 5 (‘11) Emma Bell, Arlen Escarpeta, Nicholas D'Agosto. (:10) FXM Presents Flight (2012, Drama) Nadine Velazquez, Carter Cabassa, Denzel Washington. Project Runway: All Stars Project Runway "Fashion 911" PR All Stars Social "Birthday Suits" (N) Runway "Going for Baroque" (N) Mother Daughter "Headlines Don't Lie" Mother Daughter Exp. "Grave Regrets" West Coast Customs Red Bull Air "Putrajaya" Daring pilots do stunts in Malaysia. In Depth Halls of Fame The Game 365 DFL Soccer Fox Sports Live Fox Sports Live TMZ Sports (N) Best I Heard (N) Fox Sports Live TMZ Sports Fox Sports Live Fox Sports Live (5:00) UFC Fight Night The Expendables 2 (2012, Action) Liam Hemsworth, Jason Statham, Sylvester Stallone. Movie Lip Sync Battle Lip Sync Battle Lip Sync Battle Lip Sync Battle Law Abiding Citizen (‘09) Jamie Foxx. (:25) South Park "Reverse Cowgirl" (:55) Tosh.0 (:25) Tosh.0 Tosh.0 Tosh.0 Work (SF) (N) Idiotsitter (SF) (N) The Daily Show (N) Nightly Show (N) (:20) Futurama 4/4 (:50) South Park Pawn Stars Pawn Stars Pawn Stars "Rick's Roulette" Pawn Stars Pawn Stars Vikings "Yol" Vikings "Promised" (N) Join or Die (N) (:35) Class (N) The First 48 The First 48 "Murder in Treme" The First 48 "Blood Lust" (N) The First 48 "Broken Home" 60 Days In "Cell Shock" (N) (:05) The First 48 BeautyMaster "The Battle Begins!" (N) My 600-lb Life "Zsalynn's Story" 600 Life: Supersized "Milla's Story" (N) Extreme Weight Loss "Jason and Rachel" Fat Chance "Ta'Tiana" Naked and Afraid "The Darkest Hour" Naked and Afraid "Himalayan Hell" Naked "Easier Said Than Done" Naked and Afraid "All or Nothing" Naked "The Serpent Garden" Naked and Afraid "Edge of Madness" Life Below Zero "The Unknown" Life Below Zero "Ice Highway" Life Below Zero "Darkness Falls" Wicked Tuna "Help Wanted" Big Fish, Texas "Hurricane Buddy" Wicked Tuna "Help Wanted" Separation "Clancy and Adam" (N) Super. "The Man Who Would Be King" Supernatural "Let It Bleed" Supernatural (:15) NCAA Basketball Rocky III (1982, Drama) Talia Shire, Carl Weathers, Sylvester Stallone. Rocky IV (1985, Drama) Talia Shire, Sylvester Stallone. (5:30) Rocky II (1979, Drama) Talia Shire, Burt Young, Sylvester Stallone. Law & Order: S.V.U. "Mercy" Law & Order: S.V.U. "Pandora" WWE Smackdown! WWE superstars do battle in long-running rivalries. Colony "Gateway" (SF) (N) Law & Order: S.V.U. "Funny Valentine" Chopped "Peri Peri Determined" Chopped "Bizarre Battle" Chopped (N) Cooks vs. Cons "Burger Battle" (N) Beat Flay (N) Beat Bobby Flay Beat Bobby Flay Beat Bobby Flay Flip or Flop Flip or Flop Flip or Flop Flip or Flop Flip or Flop Flip or Flop Flip or Flop (N) Flip or Flop House Hunters House Hunters (N) Masters of Flip "House of Blues" (N) The Heat (2013, Comedy) Melissa McCarthy, Michael McDonald, Sandra Bullock. (5:30) Gravity (‘13) George Clooney, Sandra Bullock. Baskets (N) Baskets Baskets The Heat (‘13) Anderson Cooper 360 CNN Tonight With Don Lemon Anderson Cooper 360 CNN Newsroom CNN Newsroom CNN Newsroom The Kelly File with Megyn Kelly Hannity The O'Reilly Factor The Kelly File with Megyn Kelly Hannity On the Record Shark Tank Shark Tank American Greed "The Dirtiest Con" American Greed "The Jersey Shore" American Greed: Scam Paid Program Paid Program Top Chef "Wok This Way" Top Chef "Back Where it All Started" Top Chef "Magic Hour" Top Chef "Finale" (SF) (N) Deception "We Can Pickle That" (N) WatchWhat (N) Top Chef Blow Up (1966, Police) Vanessa Redgrave, Sarah Miles, David Hemmings. Never on Sunday (‘60) Melina Mercouri. (5:00) Viridiana (:45) Kiss Me, Stupid! (1964, Comedy) Kim Novak, Ray Walston, Dean Martin. Legion (2010, Action) Lucas Black, Tyrese Gibson, Paul Bettany. Resident Evil (2002, Action) Michelle Rodriguez, Oscar Pearce, Milla Jovovich. Leprechaun's Revenge (‘12) Billy Zane. (5:00) Apocalypse L.A. (‘14) Justin Ray. SF Machinery Small Town Rural America 'Live' "AARP Live" Steve Lantvit Rural Eve. News Market Journal GA Farm Monitor SF Machinery Small Town Time Life Library
