The most disappointing aspect of our findings was that out of the 90 authorities monitored some 26 (or approximately 30%) were found not to be operating an approved publication scheme. We found various reasons for this. These included missing a class of information out of their adopted scheme (therefore only publishing six classes of information rather than the seven in the model scheme), using an old scheme which was no longer approved and not having any sort of publication scheme in operation.
When the fact that they were not meeting their legal obligations was pointed out to these authorities, most responded in a positive manner and took steps to meet the requirements imposed by s19 of FOIA. As a result of this by the end of June 2010 all but Northumbria Police Authority, Staffordshire Police Authority and Merseyside Police Authority (in this last case a class of information was missing) were operating an approved publication scheme.
...
For all the authorities we checked (who were operating an approved scheme) we wrote to them with our findings and recommendations. The feedback that we have had from this was often from senior level staff (including from Chief Constables) and has on the whole been very positive.
At the same time a few issues have been identified where some public authorities thought that we had not been fair to them.
Nottinghamshire Police insisted that they did respond to our request for information. Unfortunately (and as we said in the original report) we did not receive this response. Humberside Police Authority got in touch with us to ask that we make it clear that they do recognise the difference between responding to an application for information from their scheme and dealing with a full FOI request. We are happy to do this.
Freedom of information in Scotland reaches a new landmark today [Friday 30 July] as the Scottish Information Commissioner publishes his 1000th decision, ordering the Scottish Government to release information about the meetings of its Council of Economic Advisers (CEA), and to carry out further searches for relevant information.Full press release here.
The decision deals with a request made by a journalist from a Scottish national newspaper, for information about the costs and administrative arrangements for the first five meetings of the CEA - the group of economists and industry figures that advises the Scottish Government on economic affairs.
In his ruling, the Commissioner finds that the Government failed to put forward an appropriate justification for the non-disclosure of data, while also failing to confirm to him that officials had appropriately searched for all relevant information.
Publishing his decision, Kevin Dunion, the Scottish Information Commissioner, said:
"I have now issued a substantial body of rulings in the five and a half years since Scotland's freedom of information laws came into force. This 1000th case is not untypical. Around two thirds of my decisions find in favour, or partially in favour, of the applicant.
"By now, all public authorities should be fully aware of their duties when responding to FOI requests. They should understand the need to present clear arguments when they decide to withhold information and those arguments should stand up to scrutiny in the event of an appeal. Where, as in this case, a public authority fails to make an appropriate case, I will order the release of information. With all this experience behind us, I expect authorities to get their responses - to FOI requesters and to me - right first time."
The Commissioner requires the Government to release the withheld information by 6 September 2010.
The Energy and Climate Change (ECC) Coalition applauds Senator Harry Reid (D-NV) and his colleagues for their hard work and leadership in developing a bipartisan proposal for national energy policy and job creation. ECC is a broad coalition of organizations representing people of color, low/fixed income persons and minority-owned business on matters related to energy and climate policy. The members of this coalition and the communities they represent have coalesced around two key concerns related to energy and climate policy:1) containment and mitigation of energy costs, particularly for vulnerable communities that spend a disproportionately higher share of their incomes on energy; andThe ECC Coalition members agree that any energy and climate program must include:
2) job creation in minority communities and expanded economic opportunities for minority-owned businesses.
Measures to reduce and mitigate cost impacts to low/fixed-income consumers;The ECC Coalition plans to examine the proposal closely in the coming days and weeks, with a focus on the opportunities and implications for people of color and low/fixed income persons. This perspective is one that is not often directly represented at the decision making table. We look forward to working with Senator Reid, his colleagues in the Senate and other Members of Congress and the White House, to shape this important legislation and to make our voice heard.
Policies that create jobs and ensure small business opportunities for minorities in the energy and clean technology sectors, including federal and state incentives and requirements to promote diversity in hiring, procurement, contracting and access to capital.
Education and training programs to prepare minorities for careers and business ownership in the array of services and technologies necessary to develop and deliver cleaner, more diverse, domestic energy sources.
Public awareness and outreach initiatives aimed at developing energy efficiency and conservation programs for minority and low- and fixed-income communities, thereby lowering greenhouse gas emissions.
Resources and incentives for vulnerable communities to help them adapt to climate change impacts and transition to lower-carbon economies, while ensuring environmental justice protections.
Message from Rev. Lennox Yearwood, Jr.
On August 28, 2005 Hurricane Katrina hit the shores of the Gulf Coast, and in the morning of the 29th, the levees broke flooding the city of New Orleans. As we know, due in large part to government's failed response, an estimated 2,000 plus people died, and hundreds of thousands of people were displaced.This August 29th, 2010, will be the five year anniversary of Hurricane Katrina. As many Gulf Coast residents continue to cope with an uncertain future, we are mobilizing for the 5th Annual Hurricane Katrina Commemoration March and Rally in honor of those who passed in the storm and the community that was abandoned by a failed government response.
Yesterday I published this article about why we should all get involved in the 5 Year Hurricane Katrina Anniversary. August 28th, 1963 was the historic March on Washington, when Dr. Martin Luther King Jr. gave his "I have a Dream" speech. August 28th, 1955 was the day Emmitt Till was murdered in Mississippi, which catalyzed the Civil Rights movement. Then, on August 28th , 2005 we had Hurricane Katrina hit the shores of the Gulf Coast, and on August 29th the levees in New Orleans broke. This is our moment. It has been 5 years, and the damage of Hurricane Katrina and a failed government response has not been made right. Help make it right. Take actions 1 through 5 above, or whichever you are able to do. Spread the word - For Future Generations.
At this stage the Scottish Government has not reached firm conclusions on which bodies it would be appropriate to extend coverage to. We are particularly mindful of the importance of establishing whether coverage would place undue financial burdens upon bodies at a time of economic difficulties. Creating additional regulatory or financial requirements must be appropriate and proportionate.The consultation is open for 14 weeks until 2 November 2010. The Government will then consider whether to bring forward an Order under section 5 of the Act. The consultation paper suggests that the Order would come into force after 12 months, to allow the bodies concerned to make the necessary preparations for meeting the Act's requirements.
This consultation paper therefore formally seeks the views of the bodies listed above (or their representative bodies) on their coverage by the Act, and the views of any other interested parties. Each section explores the issues raised with us to date about covering a particular type of body, presents our rationale for extending coverage, and asks certain questions.
The responses we receive to this consultation paper are therefore key and will directly contribute to the evidence base on which a decision will be reached.
In my response to the consultation I will be encouraging the Scottish Government to press ahead with extending the Freedom of Information Act to the contractors, trusts and other bodies which now deliver public services. At a time when economic circumstances may affect the quality of health, education and leisure services, the public will undoubtedly have questions about spending decisions and performance. The scope of bodies covered by freedom of information laws needs to keep pace with the changing landscape of public spending and so I generally welcome the proposals being made by the Government and will submit my formal response shortly.The consultation paper is available here. Further background material about the Scottish Government's decision to consult on bringing these particular bodies under FOISA is here.
Mike and his friends in Zanesfield, a town of 220 active souls, along the Mad River, thought pétanque would be a nice addition to the town's social activities.
Mike and his friends in Zanesfield, a town of 220 active souls, along the Mad River, thought pétanque would be a nice addition to the town's social activities.
WideWorld Magazine has posted an interesting interview with polar explorer Pen Hadow in which he talks about a number of great topics, including the continued importance of exploration in the 21st century, his approach to organizing and conducting an expedition, and his thoughts on the impact of global climate change on the polar ice caps.
Our good friends at the National Black Chamber of Commerce (NBCC) are opposing California's AB 32 (The Global Warming Solutions Act), which, in our opinion will ensure that state greenhouse gas emission reductions are achieved while maintaining the competitiveness of California businesses and protecting the interests of consumers and workers. We believe the law will unleash that good old American ingenuity that will actually increase the creation of jobs and spur economic activity."...the implementation of AB 32 would cost tens of billions of dollars in higher electricity bills, gasoline, food and other products. The average California family would end up paying $3,857 more every year for housing, transportation, food and energy. Businesses would be severely affected as well, including the small firms that create the vast majority of new jobs. The cost of AB 32 would average out to almost $50,000 per small businesses in California, a hit many of them couldn't survive."Harry and the NBCC are concerned about potential job losses, particular for minorities:
"We can't afford to lose more jobs here, particularly for African-Americans, Hispanics and other people of color who have already suffered greatly during the economic downturn. The California economy has shed 1.3 million jobs since 2007, and our unemployment rate is the third highest in the nation, at 12.4 percent. More than 900,000 job seekers have been out of work at least 27 weeks, the largest number of long-term unemployed registered since record keeping began in 1990. But African-Americans and Hispanics are out of work in much larger numbers, hit hard by the housing market collapse and other factors. The unemployment rate for California Hispanics is estimated at 17 percent. Last March the National Urban League estimated that nationwide unemployment among African-Americans was nearly twice that of whites."
We empathize with Harry's concern about the high unemployment numbers among minorities, but, Mr. Alford, we have to respectfully disagree with you about the effects of AB 32. Again, we believe it will stimulate job creation. We believe it will create innovative manufacturing jobs and stimulate the creation of numerous small businesses that are the engines that can drive the California economy back to health. AAEA is registered in EPA's Acid Rain Program and the Northeaster Regional Greenhouse Gas Initiative (RGGI). We supported Cap-and-Trade legislation at the national reason for the same reason we support AB 32, we believe it will be a net job creater. We have created our own carbon dioxide (CO2) trading house (Carbon Mercantile Exchange) to directly participate in a carbon marketing economy. We simply need mandatory programs that will give the market-oriented solution some teeth. And we are prepared to implement our innovative solutions just as we believe that other entrepreneurs would in California. (Mercury News, 7/27/2010)
