Strategies for Acquiring Public Data

1. 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

2. Today • Creating a data state of mind • Strategies for acquiring data • Posting data online

3. I. A data state of mind “The advancement and diffusion of knowledge is the only guardian of true liberty.” - James Madison

4. 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

5. Accident data Deadly highway truck accidents 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.

6. Inspection data • Dilapidated dams in Hawaii • Honolulu Advertiser • March 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.

7. Public health Toxic water The New York TimesSeptember 2009 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

8. Criminal cross-checks • Bad bus drivers Providence (R.I.) Journal-Bulletin 1986 • Found high rate of felony convictions among school bus drivers • Cross-checks: Daycare workers, teachers, university employees. Also check Facebook pages

9. Government accountability Detroit Free Press, 2008 Data: Text messages and e-mails sent by mayor Kwame Kilpatrick

10. Neighborhood information • 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)

11. 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 StarTribuneInfoCenter Handouts: Public data, pages 4-8

12. 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

15. 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

16. 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.

17. II. Strategies

18. Access step by step • Identify the data • Know the law • Ask for it • Overcome denials Handouts: Planning your FOI request, pages 15-18

19. 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

21. Circle of light: Duff Wilson and Deb Nelson

22. 2. Know the law

24. 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

25. 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

26. Data request letter example May 20, 2010 Mayor Larry Nelson One City Plaza Yuma, 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 Cuillier 100 Turnpike Street Yuma, AZ 85366 520-373-1234 cuillier@yumatv.com Handouts: Three sample request letters, pages 14-16 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.

27. Reality: Access often denied Study of 32 access audits conducted nationally since 1992 Government routinely denies records illegally, depending on type of record Record type requestedProvided, 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%

28. 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

29. 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)

30. Psychological strategies

31. Be The Donald Your corporation: U.S.A. Inc.

32. Tactics • Soft • Hard • Going to the mat Handouts: Soft and hard tactics, pages 21-24

33. 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

34. 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

35. Build your data network • 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! Handout: Access resources, pages 27-29

36. 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.” • James Madison • Abraham Lincoln • John F. Kennedy • Richard M. Nixon • Barack Obama

37. Talk is cheap. Get the goods. Hold the line!