October 2005

Frontlines

Daily files complaint over withheld records

CORPUS CHRISTI — The Corpus Christi Caller Times filed a complaint against the Texas Department of Family and Protective Services, contending the state agency failed to release information about cases of child neglect and abuse — including some that led to deaths of children.

The newspaper said the agency violated the Public Information Act by not properly responding to requests for the information.

GLO estimates $93,000 for open records request

GALVESTON — The Texas General Land Office told The Galveston County Daily News it would comply with an open records request for $93,000.

The News conducted a yearlong investigation into the State Power Program, an arrangement under which the land office provides Reliant Energy with state-owned natural gas, the News reported. Reliant then converts it to electricity for sale to public entities.

Earlier this year the News sued the land office, contending the state agency has been slow to comply with many of the paper’s information requests and in some cases refusals to comply.

After the suit the state turned over documents showing the program costs more in tax incentives than it brings in. During the investigation, Land Commissioner Jerry Patterson placed a full-page ad in the News, comparing its news staff to Vladimir Lenin, the first premier of the Soviet Union.

In July The News requested records of various agency’s communications.

The land office attorney sent a letter to the newspaper stating that because of the volume the agency could not comply until Feb. 19 and that it would take a $15-an-hour employee six months, at a labor cost of $15,600. But an invoice attached to the letter said labor costs would be $78,000 and an additional 20 percent would be added as “overhead costs” totaling $15,600. The letter also said none of the charges covered cost of copies.

DPS sues AG to keep video secret

AUSTIN — A journalist’s request for a videotape thought to show political arm-twisting has prompted the Texas Department of Public Safety to go to court over Capitol security concerns for the second time since 2003, the Austin American-Statesman reported.

A lawsuit filed against Attorney General Greg Abbott in Travis County this month suggests that videos taken by Capitol security cameras should not be available to the public.

In August Abbott ruled that the tapes should be released.

Jake Bernstein, executive editor of the Texas Observer, had asked for any video taken of the hallway behind the Texas House chamber on May 23.

The DPS says the release of such tapes could weaken security by yielding insight into camera placement and angles and what they do or don’t record.

FOIFT presents Abbott with James Madison Award

AUSTIN — Texas Attorney General Greg Abbott was honored by the Freedom of Information Foundation of Texas with its James Madison Award for his unwavering commitment to open government.

The James Madison Award is presented annually to those whose appreciation and respect for the First Amendment and open government demonstrated by exemplary actions, words or deeds.

The award was given during FOIFT’s annual conference Sept. 9 in Austin.