
UPDATE: PASSWORD RESTRICTIONS REMOVED WEDNESDAY MORNING
http://city-countyobserver.com/2011/07/20/erc-removes-password-restriction-on-public-information/
Password Now Required to View Minutes of Public Meetings: City Councilman Denied Access
ORIGINAL ARTICLE
In an unexpected and astonishing move the agendas and minutes of the Evansville Redevelopment Commission have be password protected. This action had to have taken place between Sunday July 17, 2011 and Tuesday July 19, 2011. This fact was made known to the City County Observer by through a comment placed under our article regarding the Executive Inn Dilemma. Upon notification, we tried to access the minutes of the May 4, 2011 meeting as we always do and were denied access because we do not have a password.
We contacted Evansville City Councilman John Friend by telephone regarding the password protection option that has been enabled. Councilman Friend then attempted to access the same information and was also denied access. Councilman Friend was somewhat astonished that such an action had been taken and committed to contact both Matt Arvay, the Chief Information Officer for the City of Evansville and Mayor Weinzapfel about the situation.
We have also confirmed the password protection as being applied to over a dozen of our Moles, friends, and candidates for office that no one is being granted access. No one has expressed any reaction other than outrage and amazement that such a move was taken.
Minutes taken at public meetings are public property. If redactions are necessary to protect any personal information then there is a period of time after the minutes are approved and before they are posted to the web or otherwise made available to the public for redactions to be completed.
As the Federal Reserve Board reported to Congress in the context of financial information: “[I]t is the freedom to speak, supported by the availability of information and the free-flow of data, that is the cornerstone of a democratic society and market economy.â€
Indiana University Professor of Law Fred Cate and Richard J. Varn, the Chief Information Officer of the State of Iowa wrote in a paper titled The Public Record: Information Privacy and Access,
“The law has traditionally balanced access and data privacy by providing for disclosure of all information held by the government, except where such disclosure would offend a specific, enumerated privacy interest.â€
The most recent minutes of the Evansville Redevelopment Commission that are posted are for the May 4, 2011 meeting. That is a full 10 weeks ago. This is too long for the posted minutes to languish while waiting for someone to spend 3 minutes and post them. Deliberate restriction of public information from the public is oppression of information and undermines the spirit of the Constitution of the United States. There is no place for oppressive policy in local government. This is bad public policy and quite possibly unconstitutional.
The City County Observer in the name of transparency and constitutionality demands that the City of Evansville and the Evansville Redevelopment Commission remove the password protection from a requirement to view published public records. We furthermore invite the other members of the media to join with us in this demand.
The dark days of elected members of the Evansville City Council having to file Freedom of Information Act requests to be given financial documents and the people of Evansville having to be granted passwords to access information that they paid for must come to an end. This is not acceptable.
Here is a link to the access page, click on any date and you can see for yourself that the password restriction is still in place. If you find this offensive please contact the Mayor, your City Council member, and the Redevelopment Commission.
http://www.evansvillegov.org/Index.aspx?page=277
Link to Professor Fred Cate and Richard Varn’s paper:
Public_Record