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17 Cards in this Set
- Front
- Back
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Main statutes
Transparency |
Freedom of Information Act (1966, 1974, 1996)
Ohio’s Open Records Act (1963) |
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Why FOIA
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Citizen needs to know what government is doing
Citizen can benefit from information infrastructure |
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Liberal rules of construction
FOIA |
Important Liberal rules of construction say that:
1) EVERY Government record is available to the public; 2) UNLESS it falls within the 9 exemptions. If there is doubt or ambiguity, consider a record as a public record. strictly construed against exemptions |
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Exemptions but if ambiguity
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On the other hand, if there is doubt or ambiguity on the exemptions, the courts tend NOT to use the exemptions.
GENERAL CONCLUSION: strong inclination to consider a record as a public record (until recently, e.g., Reporter’s Committee case) |
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Some FOIA exemptions
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1. Executive Order - National Security
2. Internal personnel matters and practices 3. Statutory Exemptions 4. Commercial Secrets 7. Law Enforcement 9. Geological / Geophysical Information |
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FOIA procedure
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20 / 20 / 20 rule
Agency must respond to request for information within 20 days Agency can obtain 20 day extension Appeal for refusal to give information must be decided by agency within 20 days Attorney’s fees if prevail on merits Govt. agents who refuse to produce without reason are subject to discipline |
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FOIA actual results quite poor
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Not responsive to time limits
Agencies not sufficiently funded Courts do not enforce Cultural resistance to FOIA Expensive to find and obtain info Record Management poor Planning of administrative systems do not include providing records. Afterthought. |
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(E) FOIA in 1996
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Attempts to deal with delays:
Index of information systems Publish procedures for how to obtain info Info and record locator systems Use of “electronic reading rooms” Proactive responsibility to provide some kinds of information to the public |
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Ohio's Public (Open) Records Act ORC 149.43
construction |
Liberally construe to include as public records
State ex rel. Toledo Blade Co. v. Seneca County Bd. of Comm’rs, And strictly construe application exceptions State ex rel. Cincinnati Enquirer v. Jones-Kelley |
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Ohio' Open Records Act
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Public office must maintain records
Make records available for inspection at all reasonable times Organize so available in reasonable time Similar exceptions to Feds… |
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Obama's Open Gov't intiative
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Publish Government Information Online
Improve Quality of Information Institutionalize a Culture of Open Government Create an Enabling Policy Framework for Open Government |
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Obstacles to Transparency
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Security
Homeland Security Wikileaks Privacy When in tension or reinforcing? Arrest records? Addresses of public employees? Salaries? |
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Disability Access
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Guidelines exist on how to make IT C more accessible to disabled.
Consult GSA website for suggestions (although not controlling for Ohio) |
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Risk Management
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Risk = (Probability x Amount of Loss)
Also known as “Expected Value” |
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Information Resource Management
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CIO – Chief Information Officer
Map to Business Strategy IT strategy Objectives Measures Enterprise Resource Planning What is OMB? Records Management |
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Themes 4/25
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Introductory Question: WHERE does knowledge of how things are done reside in the organization?
What is systems analysis and how could it be useful? How does this apply to public sector? Making sense of the OCAP Reception / Intake Function |
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Basic Systems Approach
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Systematically document discrete units of operation
Move from linear to feedback logic (feedback loop input-process-logic) |
