Transparency News, 12/28/20

A case headed to the Michigan Supreme Court will test some limits of Michigan universities’ obligations under public records law. The new Democratic-nominated majority on the Michigan Supreme Court will hear arguments Jan. 6 in a case brought against the University of Michigan, seeking access to documents donated to the university’s Bentley Library by an anti-immigration activist. The university denied a public records request for the documents because they were donated on the condition that they would remain closed to public viewing for 25 years.  The Court of Claims sided with the university’s argument that the documents didn’t meet the definition of a “public record” because they were “privately-created documents that the university was storing under lock and key,” UM said in its filing. But the Court of Appeals reversed that decision because it deemed the documents “public record” because UM was storing them for official purposes. The university appealed to the Supreme Court to argue its case.
The Detroit News

Unusual things have happened this year at Connecticut’s trash disposal agency, called the Materials Innovation and Recycling Authority, such as the announcement of plans to shut down its decades-old trash-to-energy generating plant because of mechanical failures and electricity market conditions. But on Dec. 16, the MIRA board of directors found a new kind of unusual: It voted to amend the official minutes of five MIRA meetings this year, from May 13 to Aug. 12, by inserting specific details that were never mentioned in video recordings of the sessions. MIRA critic, Matthew Hennessy, now says that in amending their minutes to include specific reasons for the closed-door sessions, board members have improperly gone beyond explaining their actions — and have created a whole new official account that’s misleading.
Hartford Courant

President Trump has signed into law bipartisan legislation allowing for the creation of a national memorial that will honor slain journalists killed on the job, the White House announced late Wednesday. The White House said Mr. Trump signed the Fallen Journalist Memorial Foundation Act, paving the way for a new addition to the numerous commemorative works currently dotting the nation’s capital. Mr. Trump’s stamp of approval now means the Fallen Journalists Memorial Foundation that formed last year can move forward with plans to have its namesake constructed on federal land in Washington, D.C.
The Washington Times

editorials & columns

What could the incoming administration do to rebuild these norms? And what could Congress — with two narrowly divided chambers — do to promote a more functional relationship with President-elect Joe Biden? Likewise, the Freedom of Information Act (FOIA) is a valuable tool for ensuring transparency in the executive branch, but it is broken. Departments are slow and nonresponsive — daring journalists to go to court to sue for documents plainly covered by the law. Part of the problem is staffing as the number of FOIA requests grow, which the new director of the Office of Management and Budget can rectify by requiring departments and agencies to staff appropriately. Again, the president can direct departments to act in a timely fashion and to keep records on response time. (Often, a FOIA request and reporting can surface new issue, which, in turn, alerts Congress for the need to conduct oversight.) The executive branch, in other words, can set a new, high standard for transparency.
Jennifer Rubin, The Washington Post