This seems kind of wild to me, but apparently it works.
This seems kind of wild to me, but apparently it works.
For instance, in CA the Sacremento Bee mantains a DB of all the public worker salaries, including university professor salaries, donations, grant funds, patent royalty payments, etc. It is very comprehensive and I know female acedemics that have used it to argue (suessfully) for better pay: https://www.sacbee.com/news/databases/state-pay/article22946...
In CO, there is the open records act. From what I hear, it is farily simple to obtain all emails that a professor sends out, including ones from a personal email account that happens to send out emails via a router that the state owns: https://www.sos.state.co.us/pubs/info_center/cora.html
No, you can't, because FOIA applies to federal agencies only. Some official communications of a public university might be subject to similar state sunshine laws, but not all email to and from public university email addresses (even some official communication would be protected by FERPA or other privacy laws, and therefore not disclosable under a state open records law.)
See, for example: https://www.acenet.edu/the-presidency/columns-and-features/P...
Which are addressed in the part of my post after the first sentence (which is entirely consistent with your link): they don't generally apply to all email from a public university address, or even (because of both express exceptions in the state laws and superceding federal law) all university employee communication using such addresses.
Definitely some variation from state to state. And definitely some restrictions due to things like FERPA and other privacy laws.
But I think it's good for state university employees to know that this kind of thing can happen at all. I think that many of them would be surprised to learn that the general public can make any kind of request at all for copies of what they consider private emails.
I know that my wife, who does some work in areas that can be politically charged, was when she took a job at UNC and someone told her this.
The second of the two sentences in the grandparent comment addresses the similar state laws.
If the company is a federal contractor, for instance, there are a slew of federal regulations with which they must comply to remain eligible for contracts. Likewise, government grants come with strings attached as well.
Finally, if the behavior that you're investigating is illegal - such as discrimination against a "protected class" - there's always the possibility of suing them and acquiring the documents through discovery. All it takes is money.
While the example applies only for Washington state, I imagine other states have similar laws.
Edit: Appears you need to be logged in to view the message. Here's the message:
> In Washington, we have well-established case law that allows private entities to be considered the functional equivalent of an agency, based on a four-part test established by the court in the Telford case. There’s a lot of info online about it, but here’s a concise article: http://mrsc.org/Home/Stay-Informed/MRSC-Insight/January-2017.... The factors of the test are:
> 1. Whether the entity performs a governmental function;
> 2. The extent to which government funds the entity’s activities;
> 3. The extent of government involvement in the entity’s activities; and
> 4. Whether the entity was created by the government.
> It’s been applied to entire agencies, and to individual contracts being performed on behalf of public agencies. We’ve also seen individuals be deemed the functional equivalent of a government employee for purposes of PRA compliance.