EPA Libraries Update


Copyright 2007 Inside Washington Publishers All Rights Reserved
Risk Policy Report
August 21, 2007
SECTION: Vol. 14 No. 34
LENGTH: 743 words
HEADLINE: EPA Union Says Decision Bolsters Its Position In Library Closure Talks
BODY:
In a case brought against EPA by an agency union challenging a decision to dismantle a library network widely used to research health risks and regulatory issues, union officials say they are confident about succeeding with their argument that the agency engaged in unfair labor practices in dismantling the libraries, citing an administrative law judge's recent ruling that he has enough information to decide the case without holding a formal hearing.
If they win, the union officials say, it could bolster their position in subsequent arbitration talks. Union representatives have said the libraries are essential to the agency's work and are used by program staff to research chemical health risks and environmental impacts of new technologies. The library closures impede the ability of EPA staff to access library data necessary to carry out their jobs, union officials argue.
Earlier this month Federal Labor Relations Authority (FLRA) Administrative Law Judge Richard Pearson ruled that he would indefinitely postpone an Aug. 14 hearing on the union's complaint that the agency failed to respond to its requests to select an arbitrator for union-agency negotiations over the controversial library closures.
In June, Pearson initially called for a hearing to be held in Chicago Aug. 14 to address the union's complaint that the agency failed to respond to its requests to select an arbitrator (Risk Policy Report, July 10, p5).
But after reviewing the case Pearson changed his mind about the hearing, and in an Aug. 7 decision wrote, "It does not appear that a hearing in this case will be necessary" because he has enough information to reach a decision. Instead, he ordered the union to file a motion for summary judgment by Aug. 17.
EPA has until Aug. 31 to file any cross-motions or a motion to pursue a hearing. The decision is available on InsideEPA.com.
One union official says the decision to order summary judgment may signal an upcoming win for the union because Pearson "is going to rule on the facts of the case as they are," which the union says are in its favor.
Although EPA has subsequently selected an arbitrator to begin negotiations next month over the closures, the source says the union is still pursuing the unfair labor practice claim in the hopes of securing a win that "will get the word out to all EPA employees nationally" about the agency's failure to address union requests to appoint an arbitrator.
EPA and its union ultimately agreed June 25 to appoint George Edward Larney as arbitrator -- four months after the union filed its Feb. 5 unfair labor practice complaint with the FLRA. An FLRA ruling in favor of the union "would lend credence to our claims" in the upcoming arbitration talks that EPA did not consult with the union prior to closing libraries and did not adequately consider or address the impact that closures would have on employees, the union official says EPA last year developed a plan to close its library network and transfer huge volumes of written materials into an electronic format, partly in response to an expected $2 million cut to the Office of Environmental Information's budget in the then-pending fiscal year 2007 appropriations bill. EPA has already closed the libraries at its Dallas and Chicago offices, agency sources say.
Union officials say employees need access to EPA's libraries for research to support agency regulatory positions, to understand the science behind rulemakings, and for a host of other reasons. Several officials say they oppose the plan to restrict access to only an electronic format because there is no guarantee all existing documents will be transferred and the process for converting and making available the documents may take too long.
The union source is hoping for a favorable FLRA ruling ahead of the arbitration talks, slated to take place in Chicago beginning Sept. 25. The union pushed for Chicago as the venue for the two-day negotiations because EPA has already closed the library there and "we could bring in [regional EPA] witnesses who will talk about the impacts on employees" as a result of the closures, the source adds.
The arbitration talks, which the source describes as a "quasi-trial," are ultimately aimed at forcing EPA to negotiate over addressing the union's concerns about the impact of the closures on agency employees, and at trying to win the reopening of the Chicago and Dallas libraries.
An EPA spokeswoman did not return calls by press time.

Washoe County invites citizens to subscribe to free "cmail" service
RENO, Nevada. Aug. 22, 2007. Citizens interested in receiving immediate information about Washoe County are encouraged to subscribe to the new, interactive "cMail" (County Mail) subscription service. This new program allows citizens to subscribe to a specific County Commissioner’s District, all Districts and/or emergency information announcements. To subscribe, simply visit the webpage www.washoecounty.us/bcc <http://www.washoecounty.us/bcc> and click on a Commissioner’s picture.
Washoe County Webmaster Chris Matthews explained the value of the service to citizens. "This is one of the best ways to receive immediate District specific County information that will be sent directly to your home, office or email enabled portable device. The system is completely secure and will only collect email addresses, therefore assuring anonymity for the subscriber."
Citizens can also respond to a cMail they receive for additional information and/or answers to questions they may have on a particular topic. Washoe County does not provide citizen email lists to outside parties and the subscription can be changed or cancelled at any time. Future enhancements to the county’s "cMail" service include topic specific notifications.
For more information about the Washoe County cMail service, contact PIO Kim Evans at 775-328-2730 or 775-813-6787.

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FREEDOM OF INFORMATION BILL PASSES SENATE Open Government Advocates Overcome Secret Hold
Key Reforms Fix Delay Problems Identified by Archive Audits; Better Tracking, Reporting, Processing Fees and Ombuds Office
Washington DC, August 4, 2007 - The United States Senate yesterday joined the House in passing bipartisan legislation that will fix several of the most glaring problems with the U.S. Freedom of Information Act that were identified in six government-wide audits of FOIA practice carried out by the National Security Archive. The legislation, authored by Sen. Patrick Leahy (D-Vt.) and Sen. John Cornyn (R-Tx.), overcame a hold placed by Sen. Jon Kyl (R-Az) on behalf of Alberto Gonzales' Justice Department. It passed late Friday evening by unanimous consent, on the last day of the Congressional session before the August recess.
After a conference to reconcile provisions between the House and Senate versions, the new law will mandate tracking numbers for FOIA requests that take longer than 10 days to process so they will no longer fall through the cracks, require agencies to report more accurately to Congress on their FOIA programs, create a new ombuds office at the National Archives to mediate conflicts between agencies and requesters, clarify the purpose of FOIA to encourage dissemination of government information, and provide incentives to agencies to avoid litigation and processing delays.
"These are commonsense reforms that will finally force agencies to fix egregious backlogs and reporting problems," said Archive staff counsel Kristin Adair. "But, remarkably, it took several congressional terms to get these straightforward adjustments into the law, with obstruction from the executive branch all along the way, including, ironically, a secret hold by a Senator acting at the behest of the Department of Justice."
Similar legislation passed the U.S. House of Representatives overwhelmingly during Sunshine Week in March 2007, but progress on the Senate bill has been halted for months by a hold placed by Sen. Kyl on behalf of the Justice Department. After multiple editorials, including several in Sen. Kyl's homestate Arizona Republic, assailed Kyl's position and nicknamed him "the Secrecy Senator," Kyl's staff negotiated new compromise language and allowed the bill to reach the floor today.
"This is a small step for open government, but a giant leap for the United States Senate," said Tom Blanton, director of the National Security Archive. "We applaud Congress' action to fulfill the intent of the Freedom of Information Act. This legislation will correct many of the deficiencies in FOIA that the Archive's audits have revealed."
The most recent audit by the Archive, the Knight Open Government Survey released in July 2007, found that the oldest still-pending FOIA requests had languished in federal agencies for as long as 20 years.
The previous Knight Open Government Survey, released in March 2007, found that only one out of five federal agencies had complied fully with the last FOIA reform legislation, the Electronic FOIA Amendments passed in 1996, intended to post so much government information on the Web that many FOIA requests would become unnecessary.
The Archive's audits of federal government FOIA practice are supported by the John S. and James L. Knight Foundation. Archive partners in the efforts to reform the FOIA include the OpenTheGovernment.org coalition, the Sunshine in Government Initiative, the Coalition of Journalists for Open Government, the Reporters Committee for Freedom of the Press, Public Citizen and Public Citizen Litigation Group, and dozens of other groups that signed on to support the House and Senate bills this year.
The full text of the Senate legislation and the Kyl amendment were posted today on the Archive's Web site:
http://www.nsarchive.org
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THE NATIONAL SECURITY ARCHIVE is an independent non-governmental research institute and library located at The George Washington University in Washington, D.C. The Archive collects and publishes declassified documents acquired through the Freedom of Information Act (FOIA). A tax-exempt public charity, the Archive receives no U.S. government funding; its budget is supported by publication royalties and donations from foundations and individuals.

Links to the Federal Highway Administration, its Bridges site and the National Bridge Inventory data files, plus MN Department of Transportation materials can all be found at University of Minnesota Government Documents.