Thursday, October 23, 2008

Midterm

1.

In order to do an in-depth report on Al Zimmerman I would have to use numerous sources, many of which are now located on the internet. The internet has made it infinitely easier to access public information. Though personal interviews are usually the most valid and acceptable form of reporting, the internet has made it possible to quickly and efficiently cross-reference information. In some cases this has proven to be an even more legitimate research method than the traditional reporting process; which is why the first thing I would do if I were investigating Al Zimmerman is simply enter his name in the Lexis Nexis search engine.

According to www.lexisnexis.com, Lexis Nexis is “a leading global provider of business information solutions to professionals in law firms, corporations, government, law enforcement, tax, accounting, academic institutions and risk and compliance assessment.” By searching Zimmerman in Lexis Nexis, you avoid the clutter and bias commonly found with commercial search engines like Google or Yahoo. Now I would check to see if any stories have already been written about Al Zimmerman and I would look for red flags that may indicate that further research is necessary.

I know that Al Zimmerman is a Public Information Officer of the Department of Child and Family Services. Since certain DCF personnel fall under exemption, it is not possible to obtain the “home address, telephone numbers, places of employment of spouses and children of such officers or personnel and the names and locations of schools and day care facilities attended by their children,” However; many public records that do not fall under exemption produce similar information.

Therefore, among other documents, I would check the Individual's Charge Report. Because I know Zimmerman was arrested in Hillsborough County, I can find his Charge Report by entering his name in an Arrest Inquiry at the Hillsborough County Sheriffs Office. http://www.hcso.tampa.fl.us/pub/default.asp?/online/sname01 With the Charge Report, I would be able to find out that he was arrested at 4:30pm on February 1, 2008 at 5015 Florida Av N. Records would show that he was born on January 09, 1968 and is a white male who also goes by Albert Andre Zimmerman. He has blonde hair and blue eyes, and he is 5’8’’ and weighs 183 lbs. This information would help advance and specify further searches. At the moment, Zimmerman’s status is “released” but his bond was set to $120,000. I would also be able to find that he lives at 218 Sinclair Rd, Tallahassee Florida, 32312. Zimmerman was arrested on the basis of probable cause for eight counts of the use of a child in a sexual performance.

The laws for public records concerning victims of sex offenses, especially in regards to crimes involving children, are very strict. The Florida Public Records Handbook clearly states that, “any criminal intelligence information or criminal investigative information which reveals the identity of the victim of the crime of sexual battery or other sexual offense; lewd, lascivious, or indecent assault upon or in the presence of a child; or child abuse is exempt from disclosure.” Therefore, finding information on the victims would be extremely difficult, and if nothing else, unethical.

To find more information about Al Zimmerman I would go to the Clerk of Circuit Court for Hillsborough County and request a criminal background check. These are not offered online so before I go down town, I would go to the Florida Department of Law Enforcement website. Criminal records are open to the public but a fee of $24 is required to access the information. Criminal records are very revealing and can help explain if the person in question has lived a long life of crime or if this is their first offense. When using criminal records you also have to be aware of the fact that some records can be expunged. Unfortunately there is corruption in our judicial system so even if people have a clean record that does not necessarily mean they have never committed a crime. In addition I would look at court records and go to the Tax Collector website to see if he owns property, and if he has been paying his taxes.

Lastly I would try and interview anyone from DCF to see if they have any inside information about Zimmerman. I would also interview the chief of DCF. Up until a month ago Bob Butterworth was DCF chief. George Sheldon is now the new DCF secretary. So, I would interview both if possible and I would ask them when they began to suspect Zimmerman was engaging in illegal acts with children. I would ask how it was possible that a DCF official could get away with it for so long. I would ask if other officials have also been tied to Zimmerman’s case. And I would ask what is being done from preventing anything like this from happening again.

2.

Though Florida’s Government-in-the-Sunshine Law was enacted in 1967, Florida has practiced government transparency for decades. Public Records Laws, also known as chapter 119, became official as early as 1909. Today, the right to access information has developed into an organized and regulated system of justice, including the Governor’s Commission on Open Government Reform.

Florida Public Records Laws are some of the most liberal laws in the nation. According to the Sunshine laws, also known as chapter 286, residents have a Constitutional right to access public records. Though there are many exemptions to these laws, Sunshine laws still ensure utmost availability to information. Sunshine laws also guarantee open public meetings of boards or commissions in relation to state and local agencies; this does not include federal agencies. Not only must the information concerning the meetings be readily available, agencies must also maintain that meetings are held at appropriate times and locations. Public meetings should minimally inconvenience residents as to not discourage people from attending. The reason for this is that justice and democracy depend on checks and balances. This country needs public meetings to insure the transparency of government actions. A person’s right to participate in their government is stripped of them if the information is not readily available. People must have the right to know what is going on so that they can protest against any wrong doing.

Governor Charlie Crist is a great proponent of the Sunshine Law. In his Executive Order 07-107 Crist states that “an open and accessible government is the key to establishing and maintaining the people’s trust and confidence in their government and its ability to effectively serve its citizens.” Crist created the Open Government Reform Commission in June of 2007, which evaluates and amends Florida Public Records and Public Meeting Laws. The report developed by the commission will be turned in to the Speaker of the House of Representatives and the Senate President on December 31, 2008. In accordance with Article 1, Section 119 and Section 286.011 of the Florida Statutes, http://www.flgov.com/og_commission_home the commission consists of nine people who must be a “representative of a state agency, Florida Senate, Florida House of Representatives, Florida law enforcement, city or county government, First Amendment Foundation, or an attorney with experience in First Amendment issues and litigation.” Crist also adds that a private citizen who resides in Florida is eligible for a position on the commission.

The commission meets at least once every three months. Not only does it deal with protecting the rights of citizens but it also ensures fair treatment of agencies. Section three of Crist’s Executive Order states that;

The relevance and redundancy of all exemptions to government meetings and records. The Commission shall recommend the repeal or creation of exemptions, including new exemptions for categories of information, based on the following criteria:

a. Does the exemption allow the state or its political subdivisions to effectively and efficiently administer a governmental program?

b. Would the administration be significantly impaired without the exemption?

c. Does the exemption protect personal identifying information of a sensitive nature, the release of which would be defamatory or damaging to the good name or reputation of such individuals or would jeopardize the safety of such individuals. However, in exemptions under this subparagraph, only information that would identify the individuals may be exempted.

d. Does the exemption protect information of a proprietary nature which is used to protect or further a business advantage, the disclosure of which would injure the affected entity in the marketplace?

Crist is able to maintain a fair balance of transparency while protecting people in agencies who do not deserve to be publicly exposed. Of the thousands of people employed by the state, many have very little affects on the rest of the population. Crist differentiates between those who control what happens in the lives of others, and those who simply work for the government and have no reason to be exposed. There is a fine line between the public’s right to information, and a person’s right to privacy. By exempting certain pieces of information regarding, for example, an agency worker’s children, the government can help protect their employees from unwarranted intervention. However, this does not by any means signify that Open Government Reform is lenient on those officials whose information would help maintain regulation. Quite the opposite is true in that case. Public officials receive few exemptions because the public needs to know where their tax dollars are being spent. Citizens have the right to view travel records and expenses, payroll records, educational expenses, and automobile stipends. This way, the public can take part in regulating corruption in the system. The Open Government Reform Commission works with the public to come up with ways to better our public records laws and amend Article I, Section 24, of the Florida Constitution.

Although the commission has significantly helped develop and improve upon Florida’s Public Record and Sunshine Laws, there is still work to be done. Some of the issues raised to the commission concerned “relevance and redundancy of exemptions to government meetings and records”. Other issues include discontent with fees associated with public record requests. Some agencies will still attempt to discourage people from requesting information by falsely inflating the price of labor and materials. The commission is in the process of addressing these concerns but challengers stress the commission is not moving fast or efficiently enough. A fairly recent issue that is brought to the attention of the commission more frequently is new technologies associated with public records. As time goes by, an increasing amount of public records are being attained. We are becoming better at gathering information on people. However, there have become so many records that even if organization wasn’t an issue, there wouldn’t even be room for all of the papers. That is why our government is doing everything in its power to move records from paper to the web. Unfortunately, access to information can be a double edge sword; we are better able to regulate our government, but now they are better able to regulate us as well. Privacy and safety come into question which is why the commission is attempting to clarify the shades of grey in our current system.

3.

If I were doing a story about State Senator Victor Crist and his candidacy for Congress I would start off by checking his actions as a senator to get a better idea of who Crist is. I would go to flsenate.gov and click on “Senators”, then “find your legislators”. I see that when I go to his page I find a valid biography. I take note of the fact that he as President of Metropolitan Communications Inc, because that might come up later in regards to campaign funding. I look for who would benefit from Crist’s election. I also note the list of affiliations and keep in mind possible connections with lobbyists to cross reference them later.

I then go to www.sunbiz.org where I can find corporate officers, when corporations are founded or when they are dissolved. I could also check every corporation Crist owns. I see that Crist owns Theta Beta House Corperation, Inc. University Area Community Development Corporation, Inc., University of South Florida Area Community Civic Association, Inc., and Metropolitan Communications Inc.

The most helpful sight that every reporter should use when investigating campaign finances is http://moneyline.cq.com. After I log in, I would search for all of the people who contributed to Victor Crist so far and cross reference them to look for red flags. I would check to see what companies they owned, and I would also follow up on any lobbyists included in the bunch.

I would also go to http://election.dos.state.fl.us/campaign-finance/contrib.asp the Florida Division of Elections. I would check the Campaign Finance Database for all election years to see if donations to Victor Crist have changed over time. In order to refine my search I indicate Crist’s political party and make sure that I am only receiving contribution listings. This will help cut away the clutter and it will help insure I am searching for the correct Victor Crist. Among hundreds of contributors, I find that Associated Industries of Florida has donated thousands of dollars to Crist dating as far back as 1995. Another company name that stands out for contributing $3,000 is Anheuser Bush. I would also review Crist’s voting record at votesmart.org. Seeing who Crist is affiliated with would help to further monitor financial “coincidences”.

To find out what financial situation Crist has, I would go to the Tax Collectors web site. I would get to see where he lives. I would find out how many houses Crist owns. I would check to see if his properties are only owned by him, or if he shares ownership with his wife, or friend etc. If his properties were owned two or more people, I would also check their backgrounds as well.

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