BGA-Alper ServiceS Integrity Index An exclusive report and analysis of vital laws enacted in all 50 states to fight government corruption and compel public officials to be more open and responsive to the people. Acknowledgments BGA-Alper ServiceS We deeply appreciate the contributions and support inteGrity index of the following individuals. Without their diligent and dynamic efforts in research, analysis and Table of ConTenTs design, this BGA-Alper Services Integrity Index would not have been possible: The Better Government Association’s BGA-Alper Services Integrity Index is an exclusive report and analysis of vital laws in all 50 states forged to  Andy Shaw, President and CEO fight government corruption and compel public officials to be more open and  Robert Reed, Director of Programming responsive to the people. and Investigations  Mary Frances O’Connor, A letter from our president ...........................................................................2 Director of External Relations Why we produced this report ........................................................................4  Emily Miller, Esq., Policy and Government Major Findings .............................................................................................5 Affairs Coordinator Freedom of Information Laws in the US .......................................................10  Caitlin Kearney, Policy Associate Open-Meetings Laws in the US ...................................................................16  Hilary Fosdal, Digital Strategist Whistleblower-Protection Laws in the US .....................................................20  Rebecca Younger, Esq., Legal Researcher Conflict of Interest Laws in the US ..............................................................24  Rachael Morgan, Legal Researcher What are “Best Practices?” .......................................................................29  Janet Neiman, Copy Editor Integrity Index 2013 vs. 2008 ....................................................................32  Howard Alper, Chairman and CEO Alper Services A letter from Alper Services........................................................................34  David Macknin, President Alper Services  Alper Services LLC  Kirkland & Ellis LLP  Ward Nipper, Ward Nipper & Associates Inc.  Ryan Jacquay, Ward Nipper & Associates Inc. BGA-Alper ServiceS inteGrity index page1 from The Better Government ASSociAtion A letter from Andy Shaw, BGA President and CEO What is the BGA? The Better Government Association (BGA) is “Integrity” is not a word we generally associate with the states of a Chicago-based nonpartisan, nonprofit government Rhode Island, New Jersey, Illinois and Louisiana. watchdog organization in its 90th year. The BGA fights waste, corruption and inefficiency in Most people in a multiple choice quiz would probably pick the word “corruption” government through investigative journalism, policy to go with those states because of the sheer volume of high-visibility research and advocacy and civic engagement. indictments, trials and convictions of their top public officials. But counterintuitive as it may seem, those states occupy four of the top six spots in our new 50-state BGA-Alper Services Integrity Index, which measures the strength, or integrity, of their laws in four key areas: Open Meetings, Freedom of Information, Whistleblower Protection and Conflict of Interest. This is the third iteration of our integrity index. It’s intended to inform people in all 50 states about the commitment their elected officials have to integrity. BGA-Alper ServiceS inteGrity index page2 As for us, we’re the Better Government Association, pages, which include sections on findings, from The a 90-year-old Chicago-based but statewide methodology, rationale and conclusions, along with Better Government anti-corruption watchdog—a nonprofit civic tables and graphics that lay out every detail. organization that shines a light on government ASSociAtion and holds public officials accountable. This is offered in the spirit of transparency and accountability, with a goal of stimulating We investigate, litigate, educate and advocate conversation and debate and, perhaps, an even for the better government we deserve. greater resolve in all 50 states to strengthen laws that promote integrity, even if they can never So what’s going on here? Well, the most The BGA believes this Integrity Index serves to guarantee it. logical answer is that the states with the worst advance that important mission and wishes reputations and sorriest histories of political to thank Chicago-based Alper Services LLC, and Thanks for your interest. corruption face the most public pressure longtime BGA board member Howard Alper, for to clean up their acts, so they pass new supporting such a vital project. The BGA is laws and strengthen old ones to create also grateful to its policy team for researching, a framework of integrity. compiling and crafting the Index’s rich content. That doesn’t mean that all of the public officials This is the third iteration of our integrity index. Andy Shaw in those states are following the new rules or It’s intended to inform people in all 50 states BGA President and CEO obeying the new laws—you can lead a horse to about the commitment their elected officials have water…etc., etc.—but at least they know what’s to integrity, at least in the form of laws in the key expected. And, in some cases, that’s a strong areas we measured. incentive to act in the public interest, which is the definition of political integrity. Overall, we’ve seen some progress since our last report in 2008 but there is still a long way to go. In Conversely, the index is not intended as fact, on a scale of 100 percent, which is maximum a condemnation of states at the bottom of the integrity, the 50-state average is only integrity list. Perhaps they haven’t experienced 55 percent. rampant political corruption and, as a result, they haven’t felt the need to pass tough laws. Rhode Island is first, at just under 70 percent, and Montana is last, at just over 28 percent. I’ll stop here and let you absorb the details about your state, and all 50 states, in the subsequent BGA-Alper ServiceS inteGrity index page3 Here are a few reasons WHy We prodUced why we produced the Index: ThIs rePorT  Open Government. The driving force behind the BGA’s Integrity Index is an unremitting belief that open government means better government. Fair and easy access to government information—the This Index is the culmination of a year’s worth of exhaustive and, occasionally, people’s information—is essential to keeping painstaking research, analysis, writing, editing and other related tasks democracy alive and ensuring everyone is allowed performed by the BGA’s policy team, co-workers and contributors. a say in how they are served by their elected and public officials. This Index shines a light on every Now that the 2013 Index is available, one may ask: What type of reaction or state’s integrity laws and their potential impact. change does this watchdog organization hope will occur by bringing to light  National perspective. This Index charts how all this mass of crucial information and examination? 50 states compare to each other when it comes to key aspects of important integrity laws. The BGA hopes this Index will help inspire people to press for more responsive Looking at just one state doesn’t provide the government. Indeed, if this Index reflects one major trend, it’s that too many wider perspective needed to understand what’s states are dismissing or ignoring the public’s right to know. That must change. happening throughout the country. When it comes to integrity laws, the Index shows which states To that end, this Index provides the basic but crucial information needed are pacesetters and which are laggards. to help people push their calcified governments towards their recognition that openness and accountability is not an obstacle, but rather, the basic  Resource Center. The Index is a resource for passageway to greater democratic freedom and liberty. good-government advocates (in and out of public life) who need a starting point when crafting new legislation, or when fighting to keep governments accountable and transparent. Looking at just one state doesn’t provide the wider perspective needed to understand what’s happening throughout the country. BGA-Alper ServiceS inteGrity index page4 Which laws were evaluated? major The laws selected do not represent all the integrity FindinGS laws within state governments. However, the BGA believes the following laws are paramount to providing essential government transparency, accountability and accessibility. In a democratic society, protecting and advancing the people’s right to know is one of government’s most important and fundamental duties. Freedom of Information Laws mandate public access to most government records and However, there’s a lot of work to be done before that job is accomplished. information. Public access to government documents and data is vital to open government That is one of the over-arching messages to emerge from the and offers an effective mechanism for citizens BGA-Alper Services Integrity Index, an in-depth analysis of essential to hold their government accountable. integrity laws from all 50 states—statutes designed to protect the public’s inherent right to free, open and easily accessible information, data and Open-meetings acts mandate public bodies meet records that are crucial to making government decisions that affect residents’ and make most decisions in public rather than lives today, tomorrow and beyond. behind closed doors. Open meetings create a transparent decision-making process and allow Specifically, the Index examined four types of statutes: Freedom of citizens to monitor public bodies. Information laws; Open-Meetings laws; Whistleblower-Protection laws and Conflict of Interest laws. Conflict of interest laws mandate lawmakers publicly disclose their financial interests. Financial disclosure laws expose potential conflicts of interest lawmakers may have with legislation they are voting on. Whistleblower-protection laws mandate public employees be protected from retaliatory actions for exposing mismanagement, waste and fraud The Index does not measure state in their workplace. Protecting public employees who corruption; instead it evaluates what blow the whistle makes it more likely that they safeguards are in place against corruption. report waste and fraud. In turn, this waste and fraud is likely to be corrected and avoided in the future. BGA-Alper ServiceS inteGrity index page5 Still, there are enough cross-border patterns, Index’s final rankings in which states that have major trends and similarities to provide some general recently dealt with major corruption issues, FindinGS conclusions of how the states that make such as Illinois, often have adopted strong up our nation are doing in the quest to make anti-corruption laws afterward. public officials accountable and responsive to their constituents. Slamming Door on Open Meetings. The BGA found the Open Meetings Act is the weakest integrity law Here are some of the Index’s major findings: across all states, with an average score of 48%. Failing to Score. The Index measured state laws Rhode Island’s 72% was No.1 while Montana’s was The BGA’s motto is “Shining a light on against accepted best practices in each of the four last at 13%. Among the shortfalls, many Open government,” and to that end, this Index provides major categories of statutes. On a scale of 100%, Meetings Act statutes don’t adequately address an exclusive and unique view of each state’s no state comes close to achieving best practices. the increased use of the Internet to disseminate existing laws designed to promote integrity and Overall, the average total score for all states is information. For example, 34 states do not require fight public corruption, abuse and misuse. 55%. Rhode Island scored the highest with 70% meeting notices be posted online. while Montana was last with 28%. Is there a reality gap between having integrity laws Technology Disconnect. One of the major changes on the books and public officials actually following Legislative Break Down. Overall, states are slow since the BGA’s last Integrity Index in 2008 is of those rules? Absolutely. And history shows that in achieving best practices within the four main society’s quantum leap in electronic data a distortion of power and betrayal of public trust integrity laws. On a scale of 100%, the states gathering, storing, distribution and access. This can occur at every level of government. average 49% for Freedom of Information Act; version of the Index considers how integrity laws 48% for Open-Meetings Act; 62% for Conflict should address the availability of public data in But this Index measures laws as they appear on of Interest Laws and 62% for Whistleblower- a variety of electronic formats and using the paper—not their implementation. The Index does Protection Laws. Internet to obtain and disburse public information. not measure state corruption; instead it evaluates The BGA analyzed the inclusion of such what safeguards are in place against corruption. Corruption Vs. Integrity Laws. There’s little technology in open-meetings, open-records and In doing so, the Index measures states against evidence that states approach reform conflict of interest laws across all states. The BGA-researched “best practices” on a scale of 100 comprehensively or proactively. Instead, they conclusion: States are just beginning to codify percent. The higher the score, the closer a state is tend to be reactionary, cleaning up selected necessary use of technology into their laws; to achieving that “best practices” top standing. programs or policies in the aftermath of however, many have a long way to go. For a political scandal. Indeed, the notion that example, only 25 states make it possible to In reviewing this information you’ll find that states states reform in response to crisis in public obtain documents in a variety of easily accessible vary when it comes to the integrity laws in force. confidence or outrage is suggested by the electronic formats. BGA-Alper ServiceS inteGrity index page6 them. Forty-one states have whistleblower- Editor’s Note major protection laws covering all state employees; The BGA conducted its research from June of 2012 FindinGS six of these states also include government through December 2012. Therefore, the Index’s contractors. Yet if an employer targets results reflect laws that were on the books during a whistleblower, it is difficult to fight back: that time period and does not include any Only nine states provide whistleblowers who legislative changes made since then. suffer retaliation an option to seek recourse, such as choosing between using an administrative remedy and challenging the action in court. Conflict Laws Grade: “Incomplete.” Across the Many states only provide one course of action. country, conflict of interest laws are bolstered Moreover, there aren’t strong penalties designed by strong filing requirements that compel public to discourage employers from taking unjustified officials to reveal, on some level, possible conflicts. retaliatory actions: Only six states provide However, the public’s poor access to such for criminal penalties and 26 states provide for information, coupled with inadequate and limited no penalties at all. disclosure of public officials’ financial interests, undermines the laws’ intent. Advancing Freedom of Information Act. The Index found most states’ open-records laws contain Forty-seven states require state-level public acceptable regulations regarding response time. officials to file financial disclosure forms. However, Thirty-one states require a response within five of the states with strong filing provisions, only business days, and only three states do not provide a handful require broad and detailed information a response time. However, in most states, public on the financial disclosure forms. Additionally, only bodies that violate the act have little to fear 12 states with strong filing provisions require because no strong disciplinary action exists for financial disclosure forms to be accessible both in violating the act. person at a central office and online. In the BGA’s view, the integrity laws and related Bulking Up Whistleblower Protection. Most states examples examined in this Index are essential to have strong laws regarding basic protection of creating an environment of preserving democracy whistleblowers but offer them limited protection or and improving society. These laws enable everyday legal options if their employer retaliates against people to “trust but verify” what their public officials are doing or failing to do. BGA-Alper ServiceS inteGrity index page7 major FindinGS Final Integrity Index Rankings State Rank Total FOIA OMA WBP COI State Rank Total FOIA OMA WBP COI Rhode Island 1 69.77% 63.0% 72.0% 72.9% 71.2% Oklahoma 26 56.01% 37.6% 53.8% 74.0% 58.7% New Jersey 2 69.18% 76.1% 59.7% 77.1% 63.9% North Dakota 27 55.86% 39.1% 59.3% 70.8% 54.2% Illinois 3 68.49% 74.0% 60.9% 72.9% 66.2% Arizona 28 55.65% 22.4% 58.2% 61.5% 80.6% Nebraska 4 68.14% 74.2% 61.3% 66.7% 70.4% Minnesota 29 55.17% 52.0% 46.3% 62.5% 60.0% California 5 67.29% 62.1% 61.6% 79.2% 66.3% Maryland 30 54.67% 58.7% 27.5% 61.5% 71.0% Louisiana 6 64.86% 61.5% 52.1% 63.5% 82.3% Oregon 31 54.53% 45.1% 36.0% 64.6% 72.5% Texas 7 64.71% 43.4% 69.4% 81.3% 64.8% Mississippi 32 54.31% 37.6% 43.6% 64.6% 71.5% Washington 8 62.73% 55.6% 45.9% 66.7% 82.8% New Mexico 33 53.28% 38.8% 50.7% 64.6% 59.1% Kentucky 9 62.20% 67.7% 32.1% 79.2% 69.8% Kansas 34 53.21% 41.3% 35.6% 67.7% 68.2% Arkansas 10 60.99% 80.6% 34.8% 56.3% 72.3% Alaska 35 52.88% 32.5% 30.9% 76.0% 72.1% New Hampshire 11 60.42% 45.2% 60.6% 77.1% 58.8% Wisconsin 36 52.21% 38.6% 46.3% 60.4% 63.5% West Virginia 12 59.45% 50.2% 36.1% 76.0% 75.4% Colorado 37 51.71% 65.1% 31.7% 59.4% 50.7% Hawaii 13 59.22% 40.8% 56.0% 75.0% 65.1% Florida 38 51.37% 55.5% 34.1% 46.9% 69.0% North Carolina 14 59.21% 37.7% 66.4% 60.4% 72.3% Maine 39 50.43% 31.8% 35.1% 62.5% 72.3% Massachusetts 15 59.09% 33.0% 65.0% 63.5% 74.8% Ohio 40 49.53% 49.4% 42.5% 46.9% 59.4% Pennsylvania 16 58.96% 52.0% 44.8% 72.9% 66.2% Delaware 41 49.13% 31.3% 43.8% 65.6% 55.9% Indiana 17 58.62% 61.5% 61.5% 54.2% 57.3% South Carolina 42 47.96% 41.1% 50.0% 42.7% 58.0% Nevada 18 58.45% 72.1% 55.2% 44.8% 61.7% Vermont 43 47.39% 71.1% 44.5% 74.0% 0.0% Iowa 19 58.32% 51.8% 45.5% 71.9% 64.1% Tennessee 44 47.05% 38.5% 20.0% 56.3% 73.5% Virginia 20 58.15% 63.6% 46.5% 55.2% 67.2% Alabama 45 43.93% 0.0% 65.6% 34.4% 75.7% Missouri 22 57.39% 45.5% 45.2% 71.9% 67.0% Idaho 46 43.46% 61.9% 51.5% 60.4% 0.0% Utah 22 57.39% 47.0% 64.4% 72.9% 45.2% South Dakota 47 39.82% 36.3% 55.2% 25.0% 42.8% New York 23 57.10% 52.1% 45.1% 49.0% 82.2% Michigan 48 39.07% 55.1% 42.9% 58.3% 0.0% Connecticut 24 56.87% 57.6% 56.5% 44.8% 68.6% Wyoming 49 36.46% 16.1% 26.5% 55.2% 48.0% Georgia 25 56.78% 55.5% 50.3% 53.1% 68.2% Montana 50 28.06% 14.4% 12.7% 34.4% 50.8% BGA-Alper ServiceS inteGrity index page8 Integrity Laws  Freedom of Information  Open Meetings  Whistleblower Protection  Conflict of Interest