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WVU keeps names off comments: Spokesman: Policy only requires summaryNov 19, 2009 (The Dominion Post - McClatchy-Tribune Information Services via COMTEX) -- WVU has refused to release the names of the six people who provided public comments on a proposed West Virginia Freedom of Information Act (FOIA) policy. The Dominion Post has filed a FOIA request to obtain copies of the comments in their entirety. WVU spokesman Dan Kim said the university will respond within the five business days required by law. The proposed WVU Board of Governors (BOG) policy establishes formal rules for FOIA requests. Per BOG rules, it was posted online for a 30-day public comment period after it was developed by WVU officials. WVU students and employees were notified of the proposed policy by e-mail, but no additional notice was given to the public. The comment period ended Nov. 2. Only two comments were submitted before The Dominion Post learned of the policy and published a story. Six comments were submitted by the deadline, but WVU declined to provide the comments to The Dominion Post until they were provided to the board and summarized online. The comments were posted online and provided to the newspaper Tuesday afternoon, but the names of the people who submitted them were removed. "Board of Governors policy calls for the university to post a summary of the comments," Kim said in an e-mail. "My understanding is that in this case, the comments are complete, except for the names having been removed. That is the only summarizing that has been done. This was done purely as a courtesy." Kim was not available Wednesday afternoon, but WVU spokesman John Bolt clarified that the names were removed as a courtesy to the individuals who submitted comments. Geri Ferrara, editor of The Dominion Post, said the situation is ludicrous. "It is dangerous to allow a government entity to decide what we can and cannot know about its operation," she said. "Since when do West Virginia University Board of Governors policies trump the Freedom of Information Act?" A spokesman for Gov. Joe Manchin -- who appoints 12 of the board's 17 members -- referred questions about the BOG's public comment process to the board. "The process in which the Board of Governors is gathering public comment is a decision the governor trusts the board to make," spokesman Matt Turner said. Ferrara said Manchin should take responsibility for the situation. "It was bad enough that he didn't take a stand when the BOG decided to seek public input only online -- then e-mail information about the policy to a select group [students and employees]. "Such antics are a slap in the face to anyone championing government for and by the people. It is just plain irresponsible for him to dodge this issue. At least our local legislators are standing up for full disclosure and government transparency." At a board meeting earlier this month, BOG chairwoman Carolyn Long said the number of comments received on the FOIA policy isn't unusual. The board has received little to no comment on some policies posted for public input, while others have gotten 100 responses or more. "If you have a policy that's more controversial, you get more comments," Long said. "It depends on what the issue is, how controversial it is and the constituency group it affects." Long said the board has always posted policies online for public comment. No one has complained to her about the policy, and she said the two most recent board chairs said the same thing. But Long said the board's Web site would be modified to alert visitors of future policy changes. A link to recently adopted and pending policies was added to the site's main page earlier this week. A revised version of the proposed FOIA policy was also posted online this week. The policy will still increase the cost of information provided under FOIA, but it has been amended. Requests provided by e-mail or File Transfer Protocol are currently provided free of charge, but they will cost $10 for every 10 megabytes of data under the proposed policy. CD-ROMs or Flash media used to provide information will cost a minimum of $10 each. There will be no charge for reviewing documents requested under FOIA, and requests that result in 10 pages or fewer will be free. Copies -- which now cost 50 cents a page -- will cost $1 a page for 11 pages or more. To see more of The Dominion Post or to subscribe to the newspaper, go to http://www.dominionpost.com/. Copyright (c) 2009, The Dominion Post, Morgantown, W.Va. Distributed by McClatchy-Tribune Information Services. For reprints, email [email protected], call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. |