"Citizens Only" FOIA Restriction Heard by Supreme Court

The United States Supreme Court heard arguments in a case challenging Virginia's "citizens only" Freedom of Information provision yesterday.  According to news accounts (including this one from The New York Times), Justices were skeptical of petitioner arguments that the clause -- which limits the disclosure of Virginia public records to "citizens of the Commonwealth" only -- was unconstitutional. No matter what the Court decides, "citizens only" provisions are few and far between and seldom enforced.  

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Bay Citizen Demonstrates Method for Researching Hospital District Boards

Wonderful piece in The Bay Citizen on researching local hospital district boards.  The piece is by Jennifer Gollan and Katharine Mieszkowski.  Read it carefully for good tips on the research methods used to tackle local oversight and governance board research.  Here's our exegesis:

  • Conflict of Interest statements matter -- Members of many local boards and commissions are required to file these forms.  Often overlooked, they can help tie in family members or businesses to contracts approved by the local board of commission.  An example from The Bay Citizen piece -- local bank CEO who sits on a hospital district board and reported owning stock in his bank's parent company worth upwards of $1 million while the local bank collected $1.2 million in fees from the hospital district.  How did they find out -- the local bank CEO reported his stock ownership on his conflict of interest form.
  • Relationships matter -- As illustrated in the example above, a key to this type of research method is knowing how the members of the board or commission you are studying relate to the vendors receiving contracts.  Keep in mind that human nature applies -- people more readily do business with people they already know.
  • Contracts and minutes matter -- Boards and commissions keep a written record of their meetings which will, at a minimum, record how members voted and what they voted on.  Some will even produce a video or audio record.  Expert tip:  Capture the minutes (either by download or by scanning the paper copies)  and run them through an optical character recognition software (like Adobe) and they become word searchable.
  • Know the regulators -- Boards and commissions are remote islands of government but not completely islands unto themselves.  In its piece, The Bay Citizen cited a California State Auditor report and noted that the hospital district boards it studied were also monitored (albeit loosely) by county-based entities known as Local Agency Formation Commissions.  This is a California-only regulatory set-up but the point is the same -- check the set-up where you are doing the research because there should be some outside review of the local board apparatus.

Here Comes the STOCK Act

The STOCK (Stop Trading on Congressional Knowledge) Act was signed into law on April 4, 2012 and many of its key provisions are now starting to take effect.  Most recently, a provision requiring federal personal financial disclosure report filers to make so called periodic reports of transactions went into effect on July 3rd.  

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California Judges Required to Post Conflict of Interest Statements Online

California's Fair Political Practices Commission (FPPC) ruled this week that state judges are not exempt from the online filing of conflict of interest statements. Judges and other statewide officeholders have been required for decades to file California Form 700 but the California Judges Association has been fighting for two years to get its members exempted from a regulation requiring that the forms be filed online. For a good (and brief) summary of the judicial Form 700 issue read the Sacramento Bee.

For a complete list of which officials file with the FPPC, access this page at the Commission.

Tracking Overseas Corporate Registrations

There are a number of resources available to researchers trying to determine if a company has a corporate registration in a foreign country. Companies House is the official company registrar in the UK and has been since 1844.  The Companies House site allows users to search for and download corporate records for companies registered in the UK and offers a set of links to its counterparts in a number of countries, mostly in the EU.  

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