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FOI’d document a revealing look at city hall attitude to information and media

May 31st, 2011 · 25 Comments

My friend Chad Skelton got a copy of the City of Vancouver’s submission to the Freedom of Information and Privacy Commissioner, who had surveyed various public agencies for their opinions about FOI policies. (He had to FOI it, of course.)

The submission he got back showed all too clearly what the current administrators think of the whole idea of having to respond to information requests from the media.

(The letter is signed by Penny Ballem and, while I have no doubt that she concurs with the opinions in the submission, I can’t help but think there were others involved. The submission makes a specific reference to Chad and his numerous requests, which is something that the Vancouver police department have seen quite a bit of. But Chad has only FOI’d the city once, to get its records of parking tickets. His series generated from that ended up being requested by the administrator of the parking program to pass out to new trainees.)

The submission sadly reveals what we reporters have been sensing is part of the command-and-control culture shift at city hall, when it comes to getting information.

You can read the words for yourself, but essentially the city’s submission makes the case that reporters file requests haphazardly, doing nothing more than looking for a scoop in order to make money for their employers, and thereby tying up valuable city resources. The city doesn’t support the idea of letting the reporter/individual who requested information get it first, as that just helps the corporate, profit-making media get a competitive edge at the taxpayers’ expense.

There are other choice opinions, including the judgment that reporters ask for information so indiscriminately that they often don’t even remember what they’ve asked for. So why make it easy for them, the conclusion seems to be. They’re just a pack of jackals trying to scavenge a few juicy bits off the bones and making our lives miserable in the process.

This fits right in with the way information continues to be channelled at city hall into tidy sluice boxes that go through corporate communications. Editors don’t encourage reporters to whine about this in news stories, as it’s seen as too insider baseball and not something the public cares about.

But the reality is, those of us who have covered city hall regularly for years and continue to do so are still in a slow burn about what has happened.

It used to be that you could call any staff person at city hall in charge of anything and ask them a question. How many worm composters does the city give out? How many trips a day are made in the city of Vancouver? How many CD-1 rezonings did you have last year?

The person on the other end of the phone would invariably either give you the answer right away or tell you who you should be calling. Sometimes they’d say, I should check with someone higher up before talking to you.

When you got to the right person, not only would s/he give you the answer, but they’d often have additional information. We got these kinds of worm composters because they do this interesting thing. The reason the number of rezonings has gone up/down is because of this. Reporters learned something and we often developed stories from our extra-curricular conversations with the knowledgeable people we talked to. Efficient, educational, and often resulting in new stories.

As some of you know, the city (aka Penny Ballem and new city communications manager Mairi Welman) instituted a new policy last year that EVERYTHING had to be routed through the communications office. No just dialling random people up anymore.

Apparently this was generated because at various points in the last decade, some staff people have occasionally made comments to reporters that weren’t totally and completely in line with city policies. (No mention of the fact, of course, that the most serious media bloopers generated by far in the last few years, ones that caused massive negative headlines for days and shutdowns of various systems in order to contain the flood, have all been made by either council members or the city manager.)

Then, when there was some protest about the new policy, a list of senior people allowed to speak without special permission was developed.

But the reality is this. Even the most senior people can’t speak until a request is also routed to communications. I guess that’s because those senior people, smart as they are, might not see the trap that the evil reporter is laying for them. So the communications people need to know what the interview is about to check for those hidden traps. I’m presuming, of course.

And the more normal procedure is this. You try to get a basic question asked. After four, five, eight emails back and forth between communications and you, where communications people go back and forth between you and some expert behind the screen, an answer if finally produced. But it doesn’t really answer your question. So more emails. More clarification. By now, almost a whole day has passed, if not two. Eventually, the actual person who knows something is perhaps finally cleared to talk to you, since the translation process isn’t working.

Since there are sometimes upwards of 30 reporters trying to get answers to dozens of questions in a week, these has the three or four communications people running the whole time. Not surprisingly, they can’t keep up. (There 600 non-union management staff alone at the hall, most of them specialists and potential interviewees in their areas, not to mention various planners and engineers who are often the best people to talk to in their areas.) So sometimes the communications people forget you asked for something, so then there have to be more reminder emails. It’s all like trying to park a large U-Haul or have sex while wearing a giant plastic bag.

I wouldn’t be surprised, in the end, if the attitude towards regular phone requests is not that different from the opinions expressed about FOI. I’m sure if the disdainful writer of the submission could listen in on phone interviews, that person would be equally appalled at all the staff time being wasted as reporters ask seemingly irrelevant questions or conduct interviews THAT DON’T RESULT IN ANY STORIES AT ALL.

It’s all led to a completely paranoid attitude at city hall. Staffers get freaked if a reporter even steps towards them. I’ve talked to a couple who are worried their emails are being monitored. Some are concerned that the policy is going to extend to people getting fired if they speak without permission.

This, at a time when the city loves to brag about how it has opened up its data to the public and is ushering in a new era of open communications and information. So far, the biggest accomplishment I’ve seen with the open-data project is that people who are too clueless to pin their garbage-collection schedules to the wall in their kitchens can now use an app that tells them what day their garbage will be picked up.

I think I’d trade that for being able to talk to staff who know things again.

Yes, I know we media types are irritating and that it’s all become a lot worse as the line between political bloggers and MSM gets blurred. I know you’re bombarded with what seem like time-wasting FOI requests or requests that are clearly just driven by a gotcha agenda.

But democracy doesn’t always work efficiently or exactly the way we all imagined it would in the ideal world.

Categories: Uncategorized

  • The Fourth Horseman

    I have just read Chad Skelton’s item on this on the Sun’d online edition. The quote below is from the City of Vancouver report, taking swipes at the fifth estate:

    “At its most crass, they use the [Freedom of Information Act] to generate content which they have no interest in the nature or subject matter that the request generates. The purpose is simply to generate information that can then be processed into media content.”

    Might I suggest to all reporters and bloggers, that the next time the City of Vancouver issues a statement/media release/cheesy photo op, that you gently remind them that they are “simply generating information that can then be processed into media content”.

  • Boris Mann

    “This, at a time when the city loves to brag about how it has opened up its data to the public and is ushering in a new era of open communications and information. So far, the biggest accomplishment I’ve seen with the open-data project is that people who are too clueless to pin their garbage-collection schedules to the wall in their kitchens can now use an app that tells them what day their garbage will be picked up.”

    I understand this attitude. This is a slow gathering wave, and virtually ALL of the items you mentioned — e.g. number of worm composters, how many trips per day, etc. etc. — should all be available under open data. You shouldn’t have to ask that question.

    And, it IS inefficient to be asking that question over and over again. Why not set up a “city questions” forum, ask those sorts of questions ONCE, and then the information is available for everyone, rather than having to have reporters ask for things multiple times.

    I understand your angle re: corporate communications, but it seems like things are getting both more open AND more closed. I would support increased transparency.

  • Shaun

    I agree with your overall point – FOI requests should be responded to in a timely & complete fashion as that is a fundamental support for the democratic system. However, in my opinion it is a bit of a stretch to obsolve the media completely from this over reaction from civic management. There are various media members who HAVE intentionally sought out “non-policy” statements from city staffers in an attempt to embarrass politicians and senior managers rather than simply seeking information. City Hall has over reacted here, but the some media aren’t “innocent victims” in this situation either

  • Glissando Remmy

    The Thought of The Day

    ‘I tell you what the problem is. ‘FOI’ is too close an abbreviation to ‘FU’. It’s sometimes taken out of context. They have to take it by the city lawyers office first…for laughs and legalese, than by the City Manager’s office…for cunnilingus brevity, than by the printing office, to lookout for the best shade of black permanent marker. Only then…’

    Six months ago, I’ve requested through an FU Vision’s List of Achievements. It came the other day by Vancouver Courier Chicken.
    The list was the size of a chewing gum wrapper, and it looked more like an upside Product Barcode, if you catch my drift.

    I went to my friendly corner store and asked my grocer to scan it for me. It read:

    ‘You are a such an insistent little cocky bastard!’

    I am. Guilty!
    That’s not the last they will be hearing from me…I’ll come back as Gaultier Malde, with my greetings, as always.

    http://www.youtube.com/watch?v=jFZuhirE9vo

    I can’t wait to see what the next one will say.

    Can you feel Vision’s pain? Me too! I say it’s about time to tranquilize them. Or do an intervention.

    We live in Vancouver and this keeps us busy.

  • Jester

    Government over-concern with information control encourages the following impressions:

    a) they have something to hide;
    b) they don’t trust staff;
    c) they don’t respect the role and legitimacy of the press.

    Isolation follows.

  • Frances Bula

    Boris. I agree with you that open data is not a write-off and that, in the future, it will produce much more information that is usable for the public than it does now. It is actually what Freedom of Information legislation was meant to promote — encouraging governments to make information freely accessible. The tedious FOI requests were not supposed to be the main feature. But data alone has its limitations. As I said in my post, the much more educational part of any interview is not just the answers we reporters get to the three questions we need for the interview, but the other information we never thought of asking about, as the knowledgeable person we’re talking to explains what’s behind the numbers. I agree, it would be great if all kinds of numbers were posted and reporters didn’t have to phone and ask for it. But that’s just the beginning of what we get from interviews.

  • Max

    I’d be curious to know if media had as many FOI issues with previous administrations as they seem to have with this one.

  • Brenton

    Max:

    I imagine that, like most other gov’t bodies, FOI requests to the City of Vancouver have increased substantially over the past few years. And likely problems with FOI requests have also increased substantially.

  • Brenton

    I assume that the new policy is an attempt to deal with this new demand.

    I’ve FOI’d a few different bodies (TransLink, Min of Transportation, etc), and it seems like they are all trying to deal with this same issue, some better than others.

    Check out FIPA.bc.ca for more info about the state of freedom of information in BC and Canada.

  • Charlie

    Its unfortunate that senior management feels the need to control/gag their staff in this way.

    One would think that as a public relations exercise the benefits of having knowledgeable passionate staff deal with reporters on a day to day basis about the issues they know would far out way the potential political boo boo they might make.

    Obviously some issues are explicitly political and should be dealt with in the media by Council. But for goodness sake let the professional staff do their job, a job I would argue includes public education.

  • walrus

    Then just ask one of the COPE or Vision or NPA councillors to leak it to you … isn’t that what good reporters and good politicians who are very close to each other in symbiotic relationships do?

  • walrus

    Do politicians and bureaucrats that are too close to reporters leak to reporters when they know they can get favourable treatment? Why pay for an FOI?

  • Gassy Jack’s Ghost

    “It’s all like trying to park a large U-Haul or have sex while wearing a giant plastic bag.”

    I nominate Frances for the Kafka Award for writing the most vivid metaphor to describe bureaucratic frustration!

  • Just Plain Sad

    Frances, you may be overanaylsing this. This isn’t a problem, it’s a symptom of one. It is simply the collision of a politicized bueareaucracy with an awakening media.

    This is a very predictable outcome when everything fed to you needs to be controlled for political content above all other criteria. While what you and the other media are going through is predictable, it isn’t inevitable. Keep calling it for what it is: unacceptable, and just plain sad.

  • PeterG

    These people have simply forgotten who they are working for.

  • Frances Bula

    @ Max. I am one of the handful of reporters that filed FOI requests before the last couple of years. I have to say, it was never great. It took forever. Reports I got back were often blacked out extensively. I spent months appealing one FOI, where I’d requested the names and amounts of people who made overtime during the strike of 2007. The city sent me the employee numbers and amounts, but refused to provide the names. I had to appeal to get them, with my argument being that since names and salaries are published routinely, there was no reason to leave the names off that list.

    I can actually understand some of the city’s frustration with current levels of FOI requests. They have gone way up and, yes, some are designed to explicitly embarrass the current administration. I’m sure that if and when the NPA gets back into power and VV apparatchiks are filing FOIs all day long looking for embarrassing political tidbits, that future NPA government will feel some of the same frustration.

    But all of that doesn’t provide an excuse for the very dismissive and contemptuous tone of the city’s submission about all forms of media, which clearly infects not just their attitude to FOIs but to all media-city interactions. After all, every effort by local reporters to get information from city hall — whether it’s an FOI, a phone interview or attending a meeting — is all part of an effort to get information ahead of other commercial media to benefit our corporate employers and give our employer an edge in getting some hot story to the public first.

  • wc

    Sometimes I think the media should start giving government a taste of its own medicine. If a particular administration becomes over-controlling of the information it gives the media (think Vision Vancouver, BC Liberals, Harper Conservatives….I suspect the list is a lot longer than that) then maybe the media should stop all reporting about the administration and its work. I am pretty sure that the communications staff at City hall would go crazy if suddenly no one reported about anything City hall was doing. No press releases published, no announcements covered, no press conferences attended, not one bloody word. Things would change pretty fast after that I bet.

  • Max

    @Frances #16.

    Thank you Frances for your feedback.

    The reason I asked the question was I don’t remember reading the frustrations of so many media at the lack of communciation from/lack of access to, City Hall.

    There are always hoops to jump through, but when you have to run a triathalon, it is a different story.

    I like The Fourth Horseman’s suggestion, of media turning their collective noses to press releases and photo ops.

    A taste of their own medicine might change things. But then again, maybe not.

    I also realize it is sadly not feasible.

  • Frances Bula

    @Max. Yes, if only we had the guts. Sadly, no. Re not hearing many complaints before, I think it’s because 1. There were very few media covering city hall until recent years, so fewer FOIs and little sense of a general pattern 2. City hall has become much more like provincial politics in the last two administrations, with two energetic parties bashing away at each other, more media covering, and more criticism of everything at city hall. (That said, the communications policy of this administration has adopted a very distinctive pattern.)

  • mary

    First, the level of commentary on this thread is quite civil and to the point. Good. Just one difference of opinion from me to a couple of posts: the problem isn’t with a “politicized bureaucracy” as a general statement It is about a politicized, control freak, authoritarian, and very-punishing-when-crossed City Manager and a relatively small handful of sycophants. Many civil servants are just keeping their heads down hoping this too will pass, and that just maybe we can get back to providing good customer and public service. And talk about it openly with whomever is interested. Most of us actually care about democracy and understand what nurtures it and what doesn’t.

  • Everyman

    Well Frances, I hope you and the other media will continue to raise this issue in front of the public. Too much money flows through municipal governemnts now for it to be held unnaccountable. Joe Public still relies on the media to keep the politicians and bureaucrats honest.

    And I agree with the suggestion by other posters that the next time Gregor slaps on a Canucks jersey and calls it newsworthy, that the media should just take a pass.

  • Dan Cooper

    From the linked article: “Denham’s ruling is notable in that she sees the role journalists play in making FOI requests essential to keeping government accountable.”

    As the city’s submission said and Frances herself notes in the threads above, newsies are indeed out to make money. But so what? As Denham and others note, that doesn’t mean the newsies are not, often or mostly, doing good. Are they money grubbing? Perhaps sometimes. But they are grubbing that money by – in many cases – providing information people and society need and want. Hopefully the city will simply make information available in the future without requiring it to be dragged out of them, but if not then I hope Frances and the rest keep at it.

  • Bill McCreery

    @ Frances, et al.

    You’re being too kind. What’s at issue here is more than inconvenience. Firing and hiring staff on the basis of their political beliefs, the City Manager’s and Mayor’s political staff reviews and rewrites, muzzling knowledgeable staff, and crippling the FOI process to the point the person responsible for this function quits goes far beyond what is acceptable in the “open and transparent” government that Vision promised. It is attacking not just the freedom of the press but, the foundations of democracy.

    These are exactly the tactics totalitarian regimes use. Such draconian methods are necessary for them, not because of cost saving efficiency or some other excuse, but because this administration has something to hide and thinks that by controlling output they control the message.

    And, before someone suggests I’m being partisan, yes I am, but if I’m on Council next year the wheel will have turned. My opinion will not have.

  • Another city minion

    “It’s all like trying to park a large U-Haul or have sex while wearing a giant plastic bag.”

    Love it. There’s a memo on our bulletin board that reminds us lowly cooks not to talk to the media about anything without permission from supervisors…just in case the lettuce I’m using for the daily salad is going to cause a scandal.

  • Jean

    “But democracy doesn’t always work efficiently or exactly the way we all imagined it would in the ideal world.”

    Yes, true. It is sad when many major municipalities in Canada have merely provided the 311 number as the public’s only access to its vast array of services and staff, of whom many are expert/willing to help/be of service.

    Part of the rationale was to screen out frivolous phone calls or calls aimed at the wrong person whose job was not public-oriented but more on internal operations.

    Contrast this against some of the provincial governments where some jurisdictions have their contact directories and staff names on the Internet.

    It is not just Vancouver that is overly protective, it is some other big city govn’ts as well.