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SUNSHINE WEEK
How the AJC uses public records to keep you informedPublished on: 03/14/08
In recognition of Sunshine week, here are some examples of how the AJC has used Georgia's open records law to keep you informed over the past year.
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COURTS
A Matter of Life or Death: Death Still Arbitrary
Four day series on A1, starting Sept. 23, 2007
By BILL RANKIN, HEATHER VOGELL, SONJI JACOBS and MEGAN CLARKE
The story: As part of a special report, the Atlanta Journal-Constitution gathered the details of more than 2,300 murder convictions - spanning a decade - and found that the death penalty in Georgia is arbitrarily imposed. The AJC found similar murders often did not receive similar treatment and that factors such as the county where the crime was committed and the race of the victim often affected killers' chances of being condemned to death.
How we got it: Under the Georgia Open Records Act, the AJC obtained from the Department of Corrections the inmate database, which contained hundreds of fields of information on all past and present inmates in the system; and the conviction database, which included all felony convictions in Georgia. Under the Open Records Act, the AJC obtained a database of death records from the Department of Human Resources to get the age, race and names of victims. Also under the Open Records Act, the AJC collected evidentiary details for numerous murder cases from district attorney's offices, the GBI, medical examiner's offices, and local police and sheriff's departments.
The result: Some state lawmakers have discussed legislation that would allow district attorneys to seek a life-without-parole sentence for murder without having to seek the death penalty. Legislators also have discussed narrowing Georgia's death-penalty statute to allow district attorneys to seek death against fewer types of murders so prosecutors can focus more on the "worst of the worst" killers.
GOVERNMENT SPENDING
Binge bucks: It's Georgia taxpayers' plastic, to be used by state employees to purchase goods for government. So why do many use it to buy porn, gifts, tans and trips?
A1 story, Dec. 23, 2007
By ANDREA JONES and MEGAN CLARKE
The story: A sample state audit of the use of purchasing cards, used by thousands of state employees to buy work-related items, showed poor oversight and a lack of control.
The state-issued Bank of America credit cards are used by 129 state agencies and dozens more local governments. The Atlanta Journal-Constitution analyzed more than 4 million transactions on state purchasing or "p-cards" and found a program that morphed from a simple way for workers to buy supplies into a $370 million spending spree.
How we got it: Under the Georgia Open Records Act, the AJC examined bank transactions on each state-issued purchasing card for the past three years. At the state's direction, Bank of America complied with the request because it is the custodian of the public records. The newspaper's analysis of p-card usage uncovered patterns of policy violations and hundreds of charges that raised questions. Employees used the cards to buy everything from tattoos to expensive trips. Employees spent $13 million in travel expenses, including $6 million for plane tickets, $240,000 in booking fees and $6.1 million in hotel and resort charges. They spent another $6 million at Amazon.com and $9.3 million at restaurants and caterers, to name a few.
The results: The statewide audit and newspaper articles prompted the governor to order all state agencies to review p-card use. Officials at the Department of Administrative Services, which oversees the program, said 1,200 cards have since been terminated, 1,000 more p-card holders had their transaction and/or credit limits reduced, and thousands of state staffers have now been trained. Lawmakers in both the House and Senate have introduced legislation that would further limit card usage.
• Read the story; search the database
FATAL BUS CRASH
Short on Signs: Memo shows state had left off one marker approaching ramp at site of fatal bus crash
A1 story June 18, 2007
By ARIEL HART
The story: On March 2, 2007 a bus filled with college baseball players passing through Atlanta plunged off the Northside Drive Bridge onto I-75, killing the bus driver, his wife and five students. Federal investigators said that the driver probably mistook the left-hand HOV exit for the HOV through lane. Georgia Department of Transportation officials insisted the road signs guiding the driver to the HOV through lane were clear.
How we got it: Under the Georgia Open Records Act, the AJC examined thousands of old DOT memos, plans and project files from the design and construction of the HOV system. A big overhead sign that hangs alone over the exit showed up in the drawings as not one sign, but two: one pointing out the exit lane, and one pointing out the through lane. Memos showed that at the last minute, DOT engineers realized that they could only use a pole that could hold one sign, so they left off the sign that pointed out the HOV through lane. One sign expert the newspaper interviewed called the result "potentially a killer."
The results: After the AJC initiated a barrage of media questions about the exit signs and the National Transportation Safety Board began its investigation, the state DOT asked the Federal Highway Administration for guidance. Because of that, the federal government has proposed nationwide changes to make HOV exit signs clearer. Georgia DOT officials say they will comply. The AJC showed that one of those changes would restore a sign similar to the one DOT left off the exit.
MENTAL HEALTH
A hidden shame
An occasional series
By ALAN JUDD and ANDY MILLER
The stories: At least 115 patients from Georgia's state psychiatric hospitals died under suspicious circumstances from 2002 to 2006, and another 21 died in 2007. The seven state hospitals were overcrowded, understaffed and under funded, and the quality of medical care often was substandard.
How we got them: State officials refused to divulge details about patient deaths, saying they were required to protect the privacy of people who died in their care. But the AJC used an assortment of public records – incident reports, death certificates, a database of vital records, autopsy reports and civil cases filed against the state, among others – to piece together the list of patients who died and how their deaths were preventable.
The results: The articles prompted the U.S. Justice Department to open an investigation into possible civil rights violations in the state hospitals. The findings – expected this year – could force expensive reforms. Also, Gov. Sonny Perdue created a commission to study the state's mental health care system and another to consider a reorganization of the agency that operates the state hospitals, the Department of Human Resources.
SPORTS
High School Confidential: Put a tail on the other team's tailback? Yes. Rivals hire detectives to try to keep ineligible transfer students out of competition.
A1 story, July 29, 2007
By TODD HOLCOMB and DAVID PURDUM
The story: One of the most heated debates in high school sports is the trend of student-athletes transferring to schools for more exposure and better opportunity to win state championships. These moves often prompt suspicions of illegal recruiting and other violations of Georgia High School Association rules. Yet the GHSA, which governs high school sports, has stated that formal complaints to its office are rare.
How we got it: Under the Georgia Open Records Act, the newspaper requested documents from the GHSA regarding any complaints or investigations about the transfer of student-athletes during the past 12 months. The files revealed that two schools had used athletics funds and booster club money to hire private investigators to follow students and provide video evidence that they were not living in the school districts they claimed. The GHSA disqualified the students from playing sports at their new schools.
The results: The revelation that schools had hired private eyes sparked a debate: Is it appropriate for schools, at their own expense, to spy on student-athletes from other schools? Or is the GHSA's reluctance to do that investigative work forcing schools to take what one GHSA official called a vigilante approach? Many high school associations have full-time investigators on staff, but the GHSA maintains it does not receive enough cases to warrant hiring one. School officials believe complaints are low because there is little faith that the GHSA will investigate them.
COURTS
Taxpayers cover profitable exit: Fulton clerk retires with pension and now earning $55 an hour to aid replacement — while 2 other jobs kept vacant.
A1 story, Aug. 16, 2007
By STEVE VISSER
The story: Fulton County Superior Court Clerk Juanita Hicks retired in February 2007 and was replaced by her handpicked successor, Cathelene "Tina" Robinson. Robinson, as the acting clerk, immediately secured permission from then-County Manager Tom Andrews to rehire Hicks as a consultant on a 10-month contract with potential pay of more than $97,000. Robinson contended Hicks' duties were to advise her during the transition, advise on the clerk's office computer needs, design a training plan for notaries and — most controversially — write a history of the clerk's office.
How we got it: A tip was sent saying that Hicks received the contract but was rarely seen in the office during the day. Under the Georgia Open Records Act, the newspaper examined the contract and Hicks' reported hours to determine when she was reported working. The time sheets Hicks filled out showed her working mostly in the evening, when the courthouse was closed, sometimes later than midnight, even though her duties included advising Robinson and the clerk's office personnel. A second Open Records request after her contract ended resulted in the county not being able to produce any written work product, e-mails, memos or even history notes produced by Hicks. Hicks billed for nearly $74,000.
The results: The articles prompted calls from elected officials and the public for an investigation of the contract and a county-ordered audit of the clerk's office. It also highlighted the weak ethics laws that apply to county and state officials.
THE AIRPORT
Costs soar, terminal shrink: Critic suggests $1.5 billion is 'a lot of money for a much smaller, inferior' international facility. Hartsfield-Jackson official says data not final.
A1 story, June, 21, 2007
By JIM THARPE
The story: The proposed new Maynard Holbrook Jackson Jr. International Terminal for Atlanta's Hartsfield-Jackson International Airport was getting back on track, but at what cost? The old design team for the terminal had been fired in a feud over design and costs and a new team hired. Rumors began to circulate that the new terminal would, in the end, cost more than the original proposal and be smaller. But officials would not comment.
How we got it: Under the Georgia Open Records Act, the AJC requested a copy of the electronic briefing to airport officials about the new terminal. The briefing indicated the new facility could cost $1.5 billion, about twice the original, pre-design estimate. Airport officials subsequently dismissed those numbers as premature and "not worth the paper they are written on."
The results: Nine months later, the Atlanta City Council approved the new terminal. The cost: About $1.6 billion by the time all the checks are written.
POLICE SHOOTING
Two women a mile apart, two informant-based police raids, two women with guns. One lived. One died.
A1 story, May 4, 2007
By BILL TORPY
The story: Two months before 92-year-old Kathryn Johnston was killed in her home by Atlanta police in a botched drug raid, the same narcotics squad burst into 80-year-old woman's apartment based on an informant's bogus tip. The terrified woman, who lived near Johnston, grabbed a toy gun and was lucky not to have been killed. Several officers of the narcotics squad met with their superior after the initial raid and said they needed to slow down the pace of their minor drug busts, according to an attorney for one of the cops (who is now in prison for lying to get warrants in the Johnston case). The pace of the busts didn't slow down and Johnston was killed in November 2006.
How we got it: A reporter got a tip about the earlier raid, one that had eerie similarities to the Johnston case. The tipster said it was the same drug squad and gave the newspaper the name of the narcotics officer who signed the warrant. Using the state Open Records Act, the newspaper had earlier gathered all drug warrants requested by Atlanta drug squads in 2006 and looked for that officer's warrants from that time frame. There were about six to eight warrants from that officer matching that time frame. An editor searched a database of Atlanta police crime reports with addresses matching those warrants. The second of those addresses visited by the reporter had a door with an indentation made by a battering ram.
The results: The story gave credence to narcotics officers' complaints that they were under tremendous pressure from higher-ups to make cases. Also, the story noted that the officer named on the search warrant gave two different accounts of the raid. In the sworn affidavit before the raid, the officer wrote as if she watched an informant buy drugs at the apartment. In the report, written after the failed raid, she said she could not see the informant for a minute. The officer was later suspended.
More on ajc.com
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