Strategies for Acquiring Public Data

Minneapolis, Minnesota

Sept. 27, 2010

David Cuillier, Ph.D., University of Arizona

SPJ Freedom of Information Committee chairman

cuillier@email.arizona.edu

Today

I. Creating a data state of mindII. Strategies for acquiring dataIII. Posting data online

“The advancement and diffusion of knowledge is the only guardian of true liberty.”

I. A data state of mind

- James Madison

The power of public data High-impact projects and deadline reporting Counter spin Career advancement Online reader engagement

Let’s look at some examples…

Handouts:

The power of electronic records, page 3

Public data, pages 4-8

Arizona Daily StarJune 3, 2007

Data: Arizona Department of Transportation truck crash data. Also federal FARS data (Federal Analysis Reporting System), as well as databases for trains, planes, etc.

Deadly highway truck accidents

Accident data

Honolulu AdvertiserMarch 2006

Data: National Inventory of Dams inspection data.

Other inspection data: bridges, gas pumps, restaurants, store scanners, etc.

Hawaiian dam breaks, killing two people. No emergency plan, insufficient inspection.

Dilapidated dams in HawaiiInspection data

ToxicwaterThe New York TimesSeptember 2009

Public health

Data: Water data from all states, compiled by business reporter Charles Duhigg. Data posted online for people to look up.

First place, 2010 SPJ investigative reporting award

Bad bus driversProvidence (R.I.) Journal-Bulletin

1986

Criminal cross-checks

Found high rate of felony convictions among school bus drivers

Cross-checks: Daycare workers, teachers, university employees. Also check Facebook pages

Detroit Free Press, 2008

Data: Text messages and e-mails sent by mayor

Kwame Kilpatrick

Government accountability

Latest news near 2100 block of S. Princeton Ave., Chicago:

• One crime (theft)• Three business reviews• One announcement (combating gang activity)• One real estate listing• One mention in the media (food review)

Neighborhood information

Documents online Bridges: National Inventory of Bridges Trains: Rail crossing accident data Environment: Pollutants tracked by EPA Business: SEC documents (10-Qs), Politics: www.opensecrets.gov Sports: Graduation rates of college athletes

Examples: Arizona Republic Data Center StarTribune InfoCenter

Handouts: Public data, pages 4-8

Facility Name:   SALPOINTE CATHOLIC HS - SCHOOL AND INSTITUTIONAL CAFETERIAS 

9/24/2008   Yes 15.    Food Separation, packaging, segregation and substitution methods are NOT preventing food and ingredient contamination

9/24/2008   No 27.    Other critical items NOT in compliance

Data state of mind Data news pegs Map the government Carry flash drive Visits with the techies FOI First on Fridays

Handouts:Creating a data state of mind, page 9

Question your neighbor

Turn to someone next to you. Share a few data ideas that you would

like to pursue for a story or website (5 minutes).

Jot down three ideas and then request those records in the next week.

II. Strategies

Access step by step1. Identify the data2. Know the law3. Ask for it4. Overcome denials

Handouts:Planning your FOI request, pages 15-18

1. Identify the data Scan document-idea websites

– www.ire.org (Extra!Extra!, morgue/tips)– www.spj.org/opendoors.asp– www.pipl.com– BRB Publications

Take over the agency Online forms Scour the Internet (Advanced Google) Retention lists

Handouts:Planning your FOI request, pages 15-18

Circle of light: Duff Wilson and Deb Nelson

2. Know the law

Data Practices Act Not Legislature or courts (own rules) Free to inspect (even search time) Applies to electronic records Copy fees vague – can charge search Exemptions: guns, 911 tapes, victims Public: salaries, complaints/discipline, incident

reports, mugs, vital statistics Appropriate and prompt response Commissioner of Administration Attorney fees and fines

3. Request the data• Get to the techies• Specify the name and specific fields• Provide transfer options: e-mail, blank CD

with envelope, flash drive, ftp site, etc.• Ask for variety of formats: “Tab-delimited

text file”, Excel, Access (avoid pdf files)• Get the record layout and code sheets• Ask for a sample of the data printed out• Request in native format with meta-data• Offer to help• Negotiate programming fees

May 20, 2010

Mayor Larry NelsonOne City PlazaYuma, AZ 85366

Dear Mr. Nelson, Pursuant to the state open records law, Ariz. Rev. Stat. Ann. Secs. 39-121 to 39-126, I write to request access to

and a copy of all expense reports for the city for the past five years. If your agency does not maintain these public records, please let me know who does and include the proper custodian’s name and address.

I agree to pay any reasonable copying and postage fees of not more than $25. If the cost would be greater than this amount, please notify me. Please provide a receipt indicating the charges for each document.

As provided in the open records law, I will expect your response within ten (10) business days. If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material. Please be advised that I am prepared to pursue whatever legal remedy necessary to obtain access to the requested records. I would note that willful violation of the open records law can result in the award of court costs and reasonable attorney fees. Thank you for your assistance.

Sincerely,

David Cuillier100 Turnpike StreetYuma, AZ 85366520-373-1234cuillier@yumatv.com

Handouts: Three sample request letters, pages 14-16

Data request letter example

Please be advised that I am prepared to pursue whatever legal remedy necessary to obtain access to the requested records. I would note that willful violation of the open records law can result in the award of court costs and reasonable attorney fees.

Reality: Access often deniedStudy of 32 access audits conducted nationally since 1992Government routinely denies records illegally, depending on type of record

Record type requested Provided, on average

City council minutes 93%Restaurant inspections 86% City/county expense reports 74%

City/county travel vouchers 74% Coach salary 68% Superintendent contract 66% City employee overtime pay 60% Jail log 58% Police/sheriff incident report 55% Police crime log 29%

4. Respond to denials

If they say… “We don’t have a database like that.” “We don’t trust how you will use it.” “It’s proprietary software.” “There is personal information in the data.” “We aren’t required to create a new record.” “OK. That will be $450,000, please.” “We don’t have to give you nothin’!”

Handout: Overcoming denials, pages 17-19; fees page 20

Overcoming roadblocks Ask expert Provide government guide to DPA Make requests of other agencies Appeal Get support from allies

– Minnesota Coalition on Government Information – SPJ– Conservative libertarian groups– OGIS (federal FOIA)

Psychological strategies

Be The Donald

Your corporation: U.S.A. Inc.

Tactics

Soft Hard Going to the mat

Handouts: Soft and hard tactics, pages 21-24

Take off the gloves Request e-mails about the request Bury them Heads on pikes “Days of Denial” or “Seconds of Secrecy” Release the hounds Write about it Sue (NFOIC litigation fund)

Handouts: Pounding lawbreakers into submission, page 24

Handouts: Soft and hard tactics, pages 26-29

Putting data online Software

– Google Fusion Tables (free, map, sharing)

– Socrata (cheap and easy)

– Caspio and Django (high end)

Clean and redact – with caveats Explain the purpose

Handouts: Posting data online for the public, page 26

Build your data network

Handout: Access resources, pages 27-29

• Handouts via pdf (just e-mail me)• David Cuillier, cuillier@email.arizona.edu• Local stats guru• NICAR listserv and database library• CAR book by Brant Houston• Join SPJ

Tell a friend! Spread the knowledge!

Which president said the following:“When information which properly belongs to the public is systematically withheld by those in power, the people soon become ignorant of their own affairs, distrustful of those who manage them, and -- eventually -- incapable of determining their own destinies.”

1. James Madison

2. Abraham Lincoln

3. John F. Kennedy

4. Richard M. Nixon

5. Barack Obama

Talk is cheap.

Hold the line!

Get the goods.