Mackinac Center says FOIA of labor professors' e-mails routine
The Mackinac Center for Public Policy says FOIA requests for professors' e-mail at the University of Michigan, Michigan State University and Wayne State University are part of its "regular activity," the Detroit Free Press reports.
In a posting on its website, the Midland-based think tank said the request for the e-mails was a "follow-up to an earlier examination of purportedly improper political activity by the Wayne State University Labor Studies Center," the Free Press reported.
The FOIA sought e-mails from labor studies departments that mention collective bargaining in Wisconsin, where workers have protested Governor Scott Walker's attempts to cut benefits, or the terms "Scott Walker," "Wisconsin," "Madison" or "Maddow."
In the post on the center's website, Ken Braun, managing editor of the center's Capitol Confidential newsletter, said the turmoil in Wisconsin provided "an opportunity to chase an old story."
Braun also explained why the center sought e-mails mentioning Rachel Maddow, the MSNBC host:
"We asked for these emails first because Ms. Maddow had recently criticized at length Michigan’s governor and his labor-related legislation in a TV segment virally circulated on the Web , and second because FOIA requests are an inexact art, much like a Google search. ... Hence, by including emails referring to Ms. Maddow, we were aiming to generate a more narrowly targeted set of emails that nevertheless didn’t depend closely on exact phrases that she or the letter writers might have used and that would have excluded emails relevant to our request."
Meanwhile, Ed Rothman, chairman of the University of Michigan faculty senate's executive committee, bristled at the FOIA request Monday, the Detroit Free Press reported, calling it "harassing."
Comments
Ram
Wed, Apr 6, 2011 : 12:25 a.m.
How does this silence people? Does anyone really believe that a professor is going to change how they think/speak because of this? The point of this investigation is to find out whether or not public resources are going towards the advocation of certain political initiatives. College professors can do a study on the effects of a minimum wage law. They can publish that study, and discuss it with lawmakers. What they cannot do, is expressly endorse the passage of such a law. The Mackinac Center has already provided evidence that Wayne State is engaging in activities outside of its mandate, so much so that they have had run-ins with campaign finance law. <a href="http://www.michigancapitolconfidential.com/12070" rel='nofollow'>http://www.michigancapitolconfidential.com/12070</a> Wayne State is quite aware that it has been acting illegally. Why else would they have pulled down their home page and sanitized it since Ken Braun posted the above article? The original links - active just yesterday afternoon - are now dead. Sounds pretty fishy to me. <a href="http://www.michigancapitolconfidential.com/14863" rel='nofollow'>http://www.michigancapitolconfidential.com/14863</a> If a professor was taking public money and advocating for the organization in support of and passage of a tax cut for Big Business, wouldn't you be concerned? Why would you not be concerned if a professor is taking public money and advocating for the organization and support of and passage of a "living wage" law? Professors can advocate whatever they want on their personal time, but a full department's advocation for labor causes is illegal. ?"Peter Berg, a labor studies professor at MSU whose e-mail would be subject to the request, said Wednesday that he doesn't know whether MSU will release it. But he didn't sound concerned. "It's certainly within their right to ask for it," said Berg. "I know it's not the same as a private e-mail account. I know the university owns my e-mail." <a href="http://www.usatoday.com/news/nation/2011-03-31-wisconsin-email-request_N.htm" rel='nofollow'>http://www.usatoday.com/news/nation/2011-03-31-wisconsin-email-request_N.htm</a>
Roadman
Tue, Apr 5, 2011 : 8:05 p.m.
University of Michigan a few years back fought FOIA requests from a labor union seeking telephone and address information, ostensibly to organize university employees. A case was filed in circuit court and assigned to Judge Timothy P. Connors. Connors ruled in favor of U-M; not long after Connors accepted a faculty position at the Law School and got over $50,000 as an adjunct part-time professor. Your tax dollars at work.
Roadman
Tue, Apr 5, 2011 : 7:56 p.m.
One aspect I am thinking about is how is this going to be implemented. Is the Office of General Counsel going to go around and inspect every computer to find out what e-mails contain the search terms? The University can ask the requestor to prepay all employee and copying costs associated with complying with the request. Or is every staff member going to be asked to check themselves and forward such e-mails to the General Counsel? It would seem to me if there is any hint of Michigan Campaign Finance Act violations or anything juicy, the e-mailer just might delete these as discreetly as possible.
aataxpayer
Tue, Apr 5, 2011 : 5:36 p.m.
The MAC CENTER is way off base here. The end result may simply be that many U staff will open g-mail accounts to avoid this abuse.
Roadman
Tue, Apr 5, 2011 : 7:43 p.m.
There are on solid legal ground as FOIA covers these and U-M internal policies are violated by such use as promotion of a political campaign. If faculty and staff wish to use their own personal e-mail accounts there is no problem.
Epengar
Tue, Apr 5, 2011 : 4:58 p.m.
The Mackinac Center is an advocacy group for anonymous corporations -- organizations whose only fundamental mission to to make a profit, not to provide any type of benefit to their community or society. Why should we trust a non-profit group that doesn't reveal its funding sources?
Roadman
Tue, Apr 5, 2011 : 7:57 p.m.
The Center has close ties to the Michigan GOP.
Moscow On The Huron
Tue, Apr 5, 2011 : 7:48 p.m.
"organizations whose only fundamental mission to to make a profit," Not that there's anything wrong with that.
sh1
Tue, Apr 5, 2011 : 4:52 p.m.
Re: "Somebody has to play watchdog over public employees to keep them from straying beyond ethical boundaries, as is their wont," is this the kind of freedom Republicans are always talking about?
Roadman
Tue, Apr 5, 2011 : 7:59 p.m.
The GOP believes in strict adherence to moral and ethical strictures. Always has, always will. Its one of the key values that distinguishes Republicans and Democrats.
Roadman
Tue, Apr 5, 2011 : 4:38 p.m.
For public reference the relevant citation is Section 57 of the Michigan Campaign Finance Act (MCL 169.257). This section specifically forbids the use of government facilities for political campaign purposes and authorizes up to one year in jail for a misdemeanor violation. A fine of up to $20,000.00 may be imposed. The Michigan GOP is likely licking their collective chops............
Roadman
Tue, Apr 5, 2011 : 4:30 p.m.
I suspect the Center is seeking evidence of violations of the Michigan Campaign Finance Act, which forbids the use of governmental facilities for political campaign purposes. Knowing violation is a criminal offense investigated by the Secretary of State and prosecuted upon referral by the Attorney General. I think the GOP is looking for someone to nail here. U-M has promulgated rules recognizing e-mail accounts as items of tangible value that the University expends public monies to administer and forbids employees to use these e-mail accounts for political lobbying or campaign purposes. The Secretary of State uses these promulated internal rules as evidence the alleged violator knew of the illegality of such use and thus impose criminal liability. Leigh Greden in E-mailgate was discussed as possibly violating this section when using City Council computers to plan election activities as a c ampaign manager for a candidate. Another City Council member e-mailed the City Clerk about mattters relating to her re-election efforts.
Moscow On The Huron
Tue, Apr 5, 2011 : 4:41 p.m.
Good points, all of them. If the left wants to talk about removing 501c3 status from churches, even those that don't get into politics, they can't at the same time want to allow professors to engage in politics using public property. "Public property" includes school-issued computers, Internet connections (while on campus), the hardware involved in transmitting their messages, the offices they sit in, etc.
RayA2
Tue, Apr 5, 2011 : 4:21 p.m.
I think that someone needs to request copies of all of Rupert Murdoch's and his minions' emails for the last decade. There's someone worth pursuing. This Australian's self serving undermining of democracy in this country by spewing misinformation, lies, and destructive devisiveness has so obviously hurt this country. A handfull of professors out to protect the middle class from people like him have no where near the destructive tools that Rupert does.
RayA2
Tue, Apr 5, 2011 : 10:46 p.m.
Roadman, I'm not a lawyer, but a quick search led me to Section 73.1217 of the Commission's rules, 47 C.F.R. ยง 73.1217. This portion of the communications act protects against spreading false information about a crime or natural disaster. I believe that Rupert's defensive corporate coverage of W's unprovoked invasion of a soverign country is one of many reasons for the FCC to investigate Rupert. There are probably many reasons under the homeland security provisions as well. I would like to repeat my point that there are many potential targets for the mackinac group to pursue in the name of keeping public officials honest. The mackinac group chose to go fishing for those professors who may have supported an opposing idea. This republican witch hunt is clearly political intimidation.
Roadman
Tue, Apr 5, 2011 : 8:49 p.m.
Under what legal authority can the FCC review his electronic mail correspondence?
RayA2
Tue, Apr 5, 2011 : 8:37 p.m.
Roadman, Rupert is not a publicly employed official. As an owner of corporations that are entrusted with providing a public service, his corporate emails should auditable by the FCC. I just don't count on the FCC ever taking on Rupert.
Roadman
Tue, Apr 5, 2011 : 8:32 p.m.
Murdoch is not a public official so his records are not governed by FOIA.
Moscow On The Huron
Tue, Apr 5, 2011 : 7:36 p.m.
What is so hard to understand? When you are an employee, everything you and say do is the domain of your employer. Your emails, phone calls, contents of your desk drawers, contents of your brief case, statements made to customers, etc, are not private. They are legally viewable by your employer. You really have nothing to worry about. Professors are VERY smart. They would NEVER do anything political through their emails. All that's going to be found are a bunch of really boring emails about valence numbers, diastrophism and formulas describing the cavitation of propellers of ships. But nothing political. So it's really no big deal, right?
Macabre Sunset
Tue, Apr 5, 2011 : 6:25 p.m.
Why do you believe that someone acting on behalf of the government deserves privacy in the official function of his office? If these professors are not behaving illegally, then there's nothing to worry about.
RayA2
Tue, Apr 5, 2011 : 5:08 p.m.
Moscow, When a secretly funded, political organization submits sleezy, fishing expedition requests records matching some poltical criteria, I call that political intimidation. I don't understand your rhetorical confusion about my mention of evolution and civil rights. First of all, I don't see these as ideas that are significantly different from union support. Secondly, they are conservative darlings. Teaching of evolution is commonly attacked in red states. From my experience with conservatives, Lyndon Johnson underestimated the geographical, and chronoligical effect when he said the voting rights act would cause the Democratic party to lose the south for a generation.
Moscow On The Huron
Tue, Apr 5, 2011 : 4:49 p.m.
Nobody's intimidating anybody, just requesting to view property that belongs to the public. If somebody feels intimidated by that, they must have something to hide. Nobody's asking for any record of political activities engaged in on their own time or using their personal resources. "Why not go after evolution and civil rights while your at it?" Once again, it's not "going after" somebody to ask for access to publicly-owned data. It isn't here at my job, and it isn't at their job. And this equating of the effort of public unions to survive with the civil rights movement really needs to stop. It's 100% bogus, and all it does is betray the fact the unions think WAY to much of themselves. By the way, how can you submit FOIA requests of evolution? Where is the office for that?
RayA2
Tue, Apr 5, 2011 : 4:38 p.m.
Moscow. So you think its a good idea for politically motivated groups to intimidate teachers who teach ideas the group disagrees with? Why stop at support of labor unions then? Why not go after evolution and civil rights while your at it?
Moscow On The Huron
Tue, Apr 5, 2011 : 4:29 p.m.
Ray, so go and request them, then. And after you do that, we will need to see copies of all your emails, and those of your minions as well. There probably isn't enough room here in the comment section, but you should be able to find some Web site where you can post them, and then you can come back here and let us know where they are.
Moscow On The Huron
Tue, Apr 5, 2011 : 4:16 p.m.
Somebody has to play watchdog over public employees to keep them from straying beyond ethical boundaries, as is their wont (as a group, not necessarily individually). If we wait until there's evidence of an infraction, it's too late, and we get what we got with the Ann Arbor City Council's email fiasco, finding out that it had been going on for a long time. There's nothing wrong with oversight occurring on a regular basis. Actually, it's the only way to effective way to perform the task of oversight. How many times do people need to be told? Your work email is NOT private from your employer. And when you're a public employee, the employer is the people. We have a right to audit your work. The Mackinac Center is doing the people's work, and it's a noble task. Keep it up, guys, and never-mind the sound of the gnashing of teeth emanating from Ann Arbor!
Roadman
Tue, Apr 5, 2011 : 8:30 p.m.
In Michigan, courts are wholly exempt from FOIA. There is no way to get a hold of any court employee's e-mails or telephone log records. Law enforcement agencies' records have a number of exemptions also.
Moscow On The Huron
Tue, Apr 5, 2011 : 7:17 p.m.
I'm glad you mentioned that, johnnya2. From the AP: "One year later, Obama's requests for transparency have apparently gone unheeded. In fact a provision in the Freedom of Information Act law that allows the government to hide records that detail its internal decision-making has been invoked by Obama agencies more often in the past year than during the final year of President George W. Bush. Major agencies cited that exemption to refuse records at least 70,779 times during the 2009 budget year, compared with 47,395 times during President George W. Bush's final full budget year, according to annual FOIA reports filed by federal agencies. An Associated Press review of Freedom of Information Act reports filed by 17 major agencies found that the use of nearly every one of the law's nine exemptions to withhold information from the public rose in fiscal year 2009, which ended last October. The AP review comes on the heels of another bit of government transparency news: that the Obama Administration has threatened to veto a congressional intelligence bill because it objects to efforts to increase intelligence oversight. Among other things, the proposed legislation would subject intelligence agencies to General Accountability Office review. US intelligence agencies are currently immune from review by the Congressional auditing office."
Macabre Sunset
Tue, Apr 5, 2011 : 6:23 p.m.
I'm sure if there are any emails from professors mentioning Rachel Maddow that affect national security, they will be redacted. Those of you who get all your news from CNBC and PBS need to be a little more even-handed. (Is that the standard comeback to the insipid claims that anyone who disagrees with you watches Fox News, which most of us don't?)
johnnya2
Tue, Apr 5, 2011 : 5:59 p.m.
Moscow, you are WRONG on this. Bush and Cheney used privledge and "classified" as ways around the law. Do a little research and get educated.
Moscow On The Huron
Tue, Apr 5, 2011 : 4:55 p.m.
Ray, if you request Reagan's and North's emails, I guarantee you will receive 100% of them. You'll probably get all their text messages as well.
RayA2
Tue, Apr 5, 2011 : 4:31 p.m.
George Bush and Dick Cheney were public employees who didn't just stray beyond ethical boundaries, they aggresively pursued unprecendented levels of unethical behavior. Ronnie and Ollie thumbed his nose at the constitution and gave weapons to the Contras. Did the Mackinac Center request their emails?
macjont
Tue, Apr 5, 2011 : 4:01 p.m.
Maybe I'm just getting senile in my old age, but I don't get it. If the Center's FOIA request was OK, then what's the problem? If the request was objectionable, then does it somehow become acceptable because it is routine?
Roadman
Tue, Apr 5, 2011 : 8:53 p.m.
No the public has the right to go into the e-mails of employees of state facilities and agencies to discover whatever they want, so as long as an exemption is not involved. When state, county, or city employees use government e-mail facilities, it becomes the public's business.
Roadman
Tue, Apr 5, 2011 : 7:48 p.m.
U-M-s counsel has not responded to the FOIA request yet. They have fought prior FOIAs in court. In general, the public has a right to see what is in the e-mails unless exempt.
Cash
Tue, Apr 5, 2011 : 3:01 p.m.
Townie, LOL The Center refuses to even acknowledge who their donors are.....nothing secretive there!
Roadman
Tue, Apr 5, 2011 : 7:46 p.m.
The Mackinac Center promotes conservative public policy implementation and has hosted debates of GOP candidates. One of their key goals is decentralization of government
Townie
Tue, Apr 5, 2011 : 2:46 p.m.
Yeah... are we supposed to believe that excuse? Just one more tactic to silence people, esp. smart people. Can we FOIA the Center's e-mails? Probably not. From what I have seen of their views they are not very balanced or transparent about who they go after and why. They don't seem to question Republican activity. But we should look more closely at the Center and their work and if they are complying with all regulations, both state and federal, right? Fair it would seem given their actions.
Roadman
Tue, Apr 5, 2011 : 8:27 p.m.
@Townie: Right. What is sauce for the goose is sauce for the gander. Verfiy their funding sources, make sure proper disclosures have been made and donor limitiations observed.
Moscow On The Huron
Tue, Apr 5, 2011 : 4:32 p.m.
"They don't seem to question Republican activity. " Red herring. There are no Republican professors.
Marshall Applewhite
Tue, Apr 5, 2011 : 4:26 p.m.
These are public email accounts being FOIA'd. What exactly are you so worried about them silencing?!? If this action causes professors to change anything about the way they conduct business, maybe they are doing things they shouldn't be?
Epengar
Tue, Apr 5, 2011 : 3:17 p.m.
The Mackinac Center isn't a public agency, it's a private non-profit organization. They don't identify their sources of funding on their website. SourceWatch indicates that at least 2/3rds of it is from corporations <a href="http://www.sourcewatch.org/index.php?title=Mackinac_Center_for_Public_Policy" rel='nofollow'>http://www.sourcewatch.org/index.php?title=Mackinac_Center_for_Public_Policy</a>