So, the FOIA has in fact already been updated for the computer age — and the Court of Appeals just didn't believe it.
Judges like to say their job is to interpret the law, not make it. That's the job of the Legislature. Much political debate has been spent in recent years over the idea that activist judges make up the law as they go along, and that such so-called activism is inappropriate.
Well, here's a case where Court of Appeals judges looked at a law and saw what it said ... and concluded lawmakers didn't mean it. That's bizarre.
While I can't disagree with that, the paper hits the home run in pointing out why the HEA argument isn't valid.
The local union president said there is a privacy right here worth defending.
That's hard to understand. These are e-mails written by members of the teachers' union — public employees whose paychecks are funded by the taxpayer. They are being sent across a computer system bought and paid for by the Howell school district. Where does privacy enter that equation at all?
If you want privacy while sending an e-mail, send it from your home computer.
In the business world, it's established that an employer can see an e-mail if a worker sends it from, or receives it on, a work computer. The employer here is the Howell school district ... and, ultimately, the public that pays for its operation.
On Saturday, the Muskegon County GOP with U.S. Representative Bill Cooper, Michigan Representative and Senate Candidate Goeff Hansen, Michigan State Representative Candidate Holly Hughes helped distribute food to needy families in Norton Shores with the Thanks a Million! project. While the morning was cold, there was many friendly faces and helpful hands that gave out a semi truck of fruit and vegetables to local citizens.
The race for Ted Kennedy's old seat has heated up. The Democratic Party has sent former President Bill Clinton, and Senator John Kerry to help Massachusetts Attorney General Martha Coakley against Republican candidate Scott Brown. With polls divided on who is winning, this race to greatly effect the current Health Care Reform. Republican candidate Scott Brown has repeatedly told audiences that he would be the 41st vote again Health Care Reform, while Massachusetts Attorney General Martha Coakley is for the reform. In a state where Democrats outnumber Republicans 3-1, we will get a preview of how Heath Care Reform will effect the 2010 elections.
FCC Chairman Julius Genachowski requested an extra month to finish their report on a "National Broadband Plan". So far, we have learned that the FCC found out that only 35% of families with an income of under $20,000 had subscribed to Broadband services, while 90% of families with an income over $100,000. Also that rural households subscribe less to broadband than urban families. Finally, a large part of the plan is to find new ways to encourage people that are not subscribed to broadband, but have access available, to subscribe.
Curiously, I stumbled across this page via a Facebook ad asking an opinion on whether Virg Bernero should run for Governor. The page, by the time I reached it tonight, appears to have all dead links, and I could not complete a questionairre.
It's both interesting that he's using the internet this way, at this very moment, and that the links suddenly were killed or dead while he was still buying the ads. That's not a good web-design thing to do and irritating at best. Even stranger is the "private video" message on of his facebook page links points to on Youtube.
Greetings Friends and Supporters,
You may have heard I am considering a run for Governor of Michigan in 2010. I feel compelled to do so because I have heard from so many folks around the state in the last few months and because of the condition of our economy. There is no doubt Michigan is hurting right now and we need serious reform. We are in the midst of tough times and that calls for even tougher leadership. I don't see that kind of leadership from any of the apparent candidates running for Governor.
My job as Mayor of Lansing has been made more difficult by the decisions coming out of the state Capitol and Washington DC. The American Dream is under attack in places like Lansing, Michigan and I believe we must fight to bring it back. Bailouts for Wall Street and Baloney for Main Street just won't do. I am trying to determine where I can do the most good for my city, state and country.
As I explore this possibility, your feedback is incredibly important to me. I cannot and will not make this decision alone. Please send me your thoughts.
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What's up Virg campaign? Private videos don't win voters, and secrecy strikes me as odd in this context ... or any.
The Livingston Daily's Leah Boyd covers the ongoing Court of Appeals "reverse FOIA" battle between myself and the state's largest and most powerful special interest lobbying group - the MEA.
"This is not a union or school administration issue. It's a taxpayer issue," Zarko said. "When you work for the taxpayer on the taxpayer's computers, you are creating public records. The MEA is arrogant to make legal arguments that it somehow has a private right of ownership to records created by teachers who are supposed to be teaching but are instead engaged in union business."
Howell Public Schools interim Superintendent Lynn Parrish said the district did not initiate the court battle but became involved when it "took the position that it had to disclose" the e-mails Zarko requested.
"Our response to Zarko was that we would comply because we feel that he is entitled to everything he requested," Parrish said. "The union disagreed."
"At this point, the e-mails themselves are a nonissue," said HEA President Jay McDowell. "They are from three years ago. We do still maintain that the e-mails between union officials are included in the exemptions that the Freedom of Information Act allows."
School agres, but I particularly like how Jay McDowell subtly brags about how the delay itself has sort of been a victory for the MEA, as the e-mails are now three years old. And if the e-mails are a "non-issue," as one reader commenter on the site pointed out, then why is MEA spending 6 figures or more still fighting this in court?
Yesterday's announcement that John Cherry will not run for Governor, though not all that surprising given the continuing weakness of his campaign, is a remarkable move for a politician. It's hard to pull out when the stakes are that high.
The move sends shockwaves through both parties and the political landscape, with speculation abounding and two formal declarations on the Democratic side, with several more to come, no doubt. Virg Bernero has moved from exploratory to in, and Senator Hansen Clarke is in as well. Then the speculation runs the gamut of Democrat politicians, including Debbie Stabenow, Dennis Archer, one of the Illitches (wife and daughter have been suggested), Debbie Dingell, Bonior, and others, to name just the bigger ones.
Pictured is John Cherry campaiging in Clawson on July 4, 2009 and talking to Republican state Senator John Pappageorge. From what I know of Cherry, he's a nicer person than the Governor and I suspect would have done better had he been the head cheese instead of Granholm, but despite he never had the cult of personality and now has all the baggage of Granholm. His withdrawal is as much a sign of weakness for the entire Democratic Party record as it was his own campaign failings, although both contributed, no doubt. Republicans should be wary of a more slippery candidate who tries to back away from the record, and that will be the dynamic of this election.
The special election on January 19th for a permanent replacement for Ted Kennedy's seat in Massachusetts. A new Rasmussen poll has the Republican Scott Brown (41%) behind Democratic canditate Martha Coakley (50%) by only a 9%. In a Special Election, there is usually a low turnout that can really have an impact on the results. Keep an eye on this election, because a Republican win would cost the Democrats their super majority in the Senate.
The Detroit News ran the clip below in their Livingston briefs on New Year's Day. It summarizes the hearing on Tuesday morning I will have in the Hall of Justice in Lansing before the Michigan Court of Appeals in the case where the MEA (Michigan Education Association) has filed a "reverse FOIA" lawsuit against the Howell Public Schools and myself seeking to stop me from getting union leader e-mail even though it was created on teacher time on public computers while teachers were supposed to be teaching.
While speculation has abounded for many months that attorney and son of Sam Bernstein, one of Michigan's largest advertising civil tort law firms, would file for AG, it now appears that in the sleepy night of the Christmas weeks Santa Clause delivered to the Secretary of State paperwork filing committee paperwork for Bernstein's run. Received on December 22 (probably via hand delivery, as it was signed the same day by the filer), its not hard to fathom why media might not have picked it up.
That pits him against Gretchen Whitmer, who filed in September.
Brother Mark Bernstein, who is a democratically-appointed member of the Michigan Civil Rights Commission, appears to be the Treasurer of the committee.
It appears that we are the first to report this, although we're not 100% sure whether MIRS didn't grab it somewhere. It does verify a reported "rumor" by Michigan Liberal that Bernstein "hired" staffers to start the process. That rumor was reported Dec. 17th there - timing perfectly with a December 16 filing.
On the Republican side - former Judge Bill Schuette and Senate leader Mike Bishop vie for the nomination.
Ed note: I ran across this story while doing research for my new non-profit project - the Michigan Accountability Project. We are now online with www.MItransparency.com, a Michigan Wikipedia of all that is Michigan politics and citizen journalism. The project though will ultimately depend on YOU - please volunteer to help provide information on your corner of Michigan.
If you have more information on Bernstein or the race, you can participate and help the project by editing the entry.
Yours for a Stronger Michigan,
Yesterday's announcement that John Cherry will not run for Governor, though not all that surprising given the continuing weakness of his campaign, is a remarkable move for a politician. It's hard to pull out when the stakes are that high. 
Republicans should be wary of a more slippery candidate who tries to back away from the record, and that will be the dynamic of this election. 
