Several years after the allegations prompted headlines, and more than a year after he settled a related misdemeanor case for official misconduct in King County Superior Court, a former Washington State Trooper who allegedly gamed his state pension payout through misclassifying overtime hours he worked in 2010 and 2011 has quietly settled an ongoing state ethics probe by agreeing with his signature to pay a $60,000 fine, while admitting no guilt. The action came in an administrative determination known as a “stipulation” approved this week by the Washington State Executive Ethics Board, with ex-WSP Lieutenant William Blythe Gardiner, now 52. Public records show his last known voter registration address is in Sammamish.
Collaboration in Civic Spheres
Archive for the ‘Open Government’ Category
by Matt Rosenberg January 17th, 2014
by Matt Rosenberg December 2nd, 2013
A former custodial supervisor at Highline Community College has agreed to pay an $8,000 fine in a civil settlement with the Washington State Executive Ethics Board for allegations he used public property for his private business and personal use, in apparent violation of the state Ethics in Public Service Act. Signing an ethics board “stipulation” or settlement document and agreeing to pay the $8,000 fine is Tang T. Nguyen. The case was set in motion with a report to the ethics board from the college a year ago shortly after Nguyen had already resigned.
by Matt Rosenberg November 11th, 2013
Visiting Seattle right now are 19 Arab journalists focused on transparency, media and civic life. The U.S. Department of State’s International Visitor Leadership Program and the World Affairs Council of Seattle are coordinating. I’m honored to have been asked to present to them Nov. 11 and to leave time for conversation, I’ve compiled his post for them – and others – illustrating sources and output of Public Data Ferret, a non-partisan Seattle-based news project that digs for sub-rosa online government documents and data sets. I also share some Recommendations for Global Open Government
Using special sources available to all, we craft original stories which are then archived by jurisdiction and topic in a special database, and distributed via legacy and social media. We always link to full source documents. Governments are making more and more documents and data available voluntarily, online, in the U.S. and elsewhere. They know that by doing so they can build trust, broaden public knowledge and participation, and perhaps also avoid the expense of staff hours required to gather information on demand.
We also teach and train student and community volunteers who contribute content; participate in panel discussions and conferences, and publish transparency policy analyses in outside venues. Public Data Ferret is a program of the 501c3 non-profit Public Eye Northwest.
We are supported by private donors, and earned revenues from communications consulting. We maintain total editorial control over what appears at Public Data Ferret, and how it is written. After three years, we are gratefully beginning to reach financial sustainability.
Why Do This?
Our motivation for starting the Public Data Ferret project was that:
Develop Shared Resource Guides to Public Documents and Data
To find material we often use our own continually updated resource guides to public documents and data. These include guides to sources from the U.S. government; Washington State; King County regional governments; the City of Seattle; and local governments across Washington State which follow the “best practice” of putting individual links to individual public documents in their online meeting agendas, thus making it much easier for bloggers and online reporters to link to source materials.
Drilling Down – Into Online Source Materials
Let’s examine some of the online sources of government documents and data that have been most helpful for Public Data Ferret, and some of the resulting news articles.
The ‘PubMed’ Index – National Institutes of Health
Public health reporting is enriched by the online reference library called Pub Med, sponsored by the U.S. government’s National Institute of Health. A recent find there led to our article, “Prescription Pot Could Be A Real Bummer, UW Doc Argues.”
Context on Medical Marijuana – Health Research & Public Debate
In a medical journal article, the doctor, who is an expert in addiction and psychiatry from the government-funded University of Washington and the Puget Sound Veterans Administration, reviewed the medical literature and called for great caution in prescribing medical marijuana for chronic pain, something that is currently legal in Washington State. The debate is very current because Washington is now right in the middle of implementing legalized recreational use of marijuana following 2012 voter approval, and new, tighter restrictions have already been proposed on medical marijuana as a result.
Important to “Connect The Dots”
Our method includes “connecting the dots.” It turns out this was not the first warning issued by UW doctors about legally consuming marijuana either for medical or recreational purposes. In our recent story we linked to a related report we did earlier this year, which emphasized another detailed warning from a UW researcher, and also contained links to six other government or university studies on the health hazards of smoking marijuana, something that is now even more socially acceptable following its legalization for recreational use in Washington State.
PubMed User Tips & “Open Science” Values
Our searches at Pub Med usually use the keyword “Seattle,” or “King County” which ensures that abstracts of any new public health articles by researchers from the University of Washington or King County, on any topic, will be found. We also use the search term “Washington State.” Searching by topic is another option, such as marijuana. The results are displayed in reverse-date order so you get the most recent entries first.
The Open Science Imperative
This specialized search engine indexes abstracts and sometimes free full-text versions of scholarly articles in “open access” or “open science” publications. If only an abstract is available, we contact the author by email and explain our project, and ask to be emailed a free, full-text copy. Some comply, some don’t. If we can’t get a free full-text copy, we will not do our own article on the findings.
Our Washington State+Open Science archive at Public Data Ferret provides links to many examples of our work based on articles found through Pub Med and similar sources, such as the the U.S. Centers for Disease Control (CDC) publication, Morbidity and Mortality Weekly Report.
Centers for Disease Control’s “Wonder” Database
The CDC also has a database called “CDC Wonder” on disease and death rates by U.S. state since 1999, and we have been able to use it to generate original, Washington-specific stories with mapped data summaries, such as “Washington Tops U.S. in 12-year Alzheimers Death Rates,” and “WA Led U.S. in Breast Cancer for Most Recent Year Reported.” This last story included links to two others we did on related risk factors: “Study: Pre-pregnancy Drinking Boosts Breast Cancer Risks;” and “UW-Group Health Study: Some Pills Raise Breast Cancer Risk.”
More on how to do Open Science-based reporting in this tutorial we published.
Another archive is for data visualizations. Among those we’ve created, some employ Tableau software and others Google Public Data Explorer. Among the particularly interactive ones are those showing:
Effective Government Management, of Budgets and Programs
A variety of government information sources facilitate oversight and accountability reporting. Public Data Ferret’s U.S. Government+Management archive includes numerous stories about difficulties in efficiently overseeing federal spending and programs. One recent example is our article, “CRS: U.S. Improper Payments At Least $688 BIllion Since 2004.” This story was also enriched by additional research we found using a valuable U.S. government disclosure site called paymentaccuracy.gov, which tracks improper payments on an agency-by-agency basis, as mandated by federal law.
NGO Liberates Hidden Government Reports From CRS, Regularly
“CRS” stands for the Congressional Research Service, which is an independent policy analysis arm reporting to the U.S. Congress. Incongruously, Congress has steadfastly refused to let CRS directly make its work available to the public, even though CRS is taxpayer-funded. However an NGO, the Federation of American Scientists, does post online most CRS reports within days of release, thanks to cooperative sources inside the agency.
This is an institutionalized, and clearly tolerated example of “leaking” documents, which serves the public interest. Here is the main FAS index of CRS reports, and a particularly useful subsection titled “miscellaneous topics.”
Washington State Oversight
Our Washington State+Management archive includes stories reported with the aid of many different online sources.
One is the regularly-updated compendium of oversight reports issued by the Washington State Auditor’s Office (SAO). Freshened with new content every Monday morning, the SAO’s site has many dry and unremarkable reports about whether or not proper financial reporting procedures are being followed by local and regional governments in Washington state.
But other reports are more newsworthy; often these are so-called “whistleblower investigation reports,” or fraud reports. SAO performance audits examine how well state or regional agencies are fulfilling their mission and duties.
Stories based on Washington State Auditor Reports
Some stories we have published based on SAO reports include:
The Seattle+Management archive includes stories developed from SAO reports and other sources, including,:
Transportation, Education, Finance & Budget
There are many other ways to use the Public Data Ferret archive, mainly by combining different jurisdiction and topic search keywords. For example:
Seattle City Council Committee Meeting Agendas
At the local level, one example of voluntary government transparency which sometimes yields newsworthy stories are the meeting agendas of the legislative committees of the Seattle City Council. They are accessed from a central hub and include embedded links to documents explaining the agenda items for each meeting. Examples of related stories we have done include:
Recommendations for Global Open Government
There is no “One Size Fits All” approach to government transparency. Conditions vary widely between cities and states, and particularly between countries. But aided by the Internet, social media and mobile technologies, there is also growing impetus supporting fair and free elections; broadened human rights; freedom of the press; plus heightened expectations of corruption-free, transparent governance; government performance measurement; and accountability.
With that in mind, NGOs, citizens and governments should work together to advance the following objectives.
Open data must be for the electorate, not the elite.
by Matt Rosenberg November 1st, 2013
Improper payments by U.S. government agencies were at least $115 billion in fiscal 2011 and $108 billion in 2012 but billions more may be misspent each year – under the radar of government watchdogs – according to a recent report from the non-partisan research arm of the U.S. Congress called the Congressional Research Service. The partial total has grown in dollar terms from $45 billion in 2004 to a cumulative $688 billion through last year. In percentage terms improper payments are now are at least 4.35 percent of U.S, government annual spending, equal to 2004 but down from a spike to 5.42 percent in 2009 and 5.29 percent in 2010.
Improper payments are classified as those that shouldn’t have occurred or were for an inaccurate sum, including both over- and under-payments. They may have been made to recipients not eligible based on qualifications or lack of documentation; or for goods or services that were’t actually transmitted. They also include duplicate payments or ones that failed to factor in valid discounts.
Cashing Social Security Checks of Dead Relatives
One example of how improper payments occur is when the Social Security Administration is slow to verify the reported death of a beneficiary because the death notice comes from a “less accurate” source such as a post office, bank, the U.S. Department of Veterans Affairs, or Medicare/Medicaid. As it takes time – often years and years – to verify the reported death, SSA may continue to send checks to the decedent’s address. These may then be cashed by other individuals such as family members or caregivers. Public records show the problem is fairly endemic.
A Nationwide Problem
Four different Western Washington defendants pled guilty to Social Security fraud in the first half of this year stemming from payments they received on behalf of dead people.
A host of other such cases, specifically involving alleged or admitted theft of social security benefits intended for the deceased are also archived at the investigations section of the Web site of the U.S. Health and Human Services Department’s Office of the Inspector General. Going back only to May 1 of this year are cases involving charges, guilty pleas or convictions in Ohio (sentenced); Mississippi (guilty plea); New Mexico (charged); Washington, D.C. (sentenced); California (sentenced); Oregon (sentenced);
HHS Central to the Improper Payments Problem
Improper payments tied to federal health care benefits figured in prominently to a detailed year-end 2012 report from the HHS Inspector General that the agency could save $23 billion per year if previously recommended reforms were implemented. And just today the HHS OIG reported on $29 million in improper Medicare Part D prescription drug benefit paid from 2009 through 201 to illegal residents, in violation of federal law.
So Too, Treasury’s Earned Income Tax Credit
Another prominent example: The Treasury Department’s Earned Income Tax Credit program has seen at least $100 billion in improper payments from federal fiscal years 2003-2011.
The new CRS reports explains improper payments have mounted due partly to “…agencies’ failure to reduce substantially the error rates for risk-susceptible federal programs with multi-billion annual outlays. In some cases, error rates for these programs have actually increased over time. Moreover, the full extent of the improper payment problem is not known because agencies have yet to develop improper payment rates for some programs, including programs which (the U.S. Office of Management and Budget) estimates may have annual improper payments of $750 million annually.”
According to the Programs Not Reported section of the paymentaccuracy.gov transparency and reporting site now mandated by federal legislation, examples of non-reporting programs include HHS’s Children’s Health Insurance Program, the High Cost Program of the Universal Service Fund of the Federal Communications Commission, and Treasury’s Earned Income Tax Credit Program, which actually does report some improper payments but not nearly all that are thought to be likely. These three are developing plans to more accurately report their improper payments.
Public Data Ferret’s U.S. Government+Management archive
Other Culprits – Unemployment, Social Security, School Lunch Program
An interactive ascending/descending-rank table from paymentaccuracy.gov shows which agencies have the highest amounts of improper payments by dollar and as a percent of spending. On a percentage basis, the Earned Income Tax Credit had the highest rate of improper payments in 2012 at 22.7 percent, followed by the National School Lunch Program, Medicare Advantage Part C, Unemployment Insurance, and Social Security.
Key Fixes Seen
Recommended remedies include removing “statutory or regulatory barriers…to perform recovery audits,” and correcting poor information sharing between agencies on matters such as benefits eligibility, says the CRS report.
by Matt Rosenberg October 8th, 2013
Port of Seattle Sea-Tac Airport concession operator HMS Host owes the port $635,704 in unpaid fees, interest and a late fee, according to a recently released port internal audit. The problem arose because HMS Host subtenants The Great American Bagel Bakery and Diva Espresso were misclassified as “branded food” concessionaires who get a discount of about two percent in the share of revenues they must fork over to the airport for the privilege of operating there. Port managers of airport concessions and business development said in the audit they hadn’t been aware of the current problem. But they added they’d seek “appropriate” recovery of funds owed by HMS Host, and would keep closer tabs on branded food sales by concessionaires and related rates of concession payments to the port.
by Matt Rosenberg September 4th, 2013
A new study funded by the National Cancer Institute finds that between the onset of menstruation and first pregnancy the risk of breast cancer for women grows 11 percent for each 10 grams of alcohol consumed per day and 34 percent if average consumption equals 15 grams per day, or about 1.3 drinks. Even for non-drinking women, the longer the gap between start of menstruation and first pregnancy, the greater the breast cancer risk: the study said women who reported no alcohol consumption at all but waited more than 10 years between menstruation onset and first pregnancy, had a 26 percent increased risk of breast cancer. There are a range of other risk factors. These appear to include certain types of oral contraceptives, according to a report from Seattle-area researchers last year.
by Matt Rosenberg July 25th, 2013
A Washington state appeals court in a ruling this week affirmed a King County judge’s 2011 dismissal of a suit by prominent environmental groups against the Puget Sound Regional Council transportation planning organization asserting it failed under state law to require adequate greenhouse gas reduction measures in its “Transportation 2040″ plan approved in May, 2010. The plan – covered here shortly after its release by our Public Data Ferret accountability reporting project and then in a Ferret KOMO-AM 1000 radio segment – said to address a more-than-one-third hike in population and a 51 percent boost in regional jobs by 2040 – that $189 billion more would be needed to get Seattle-region roads and transit fairly close to right by then. That would include $64 billion in new monies not yet secured, about half in taxes and fees, and half tolls.
Forty-two percent of Washington’s greenhouse gas emissions in 2010 came from transportation versus 26 percent nationally, according to the state’s inventory published last December. “T2040″ prescribed regional electronic tolling with higher charges at peak hours, and proposed some improvements to transit , biking and pedestrian infrastructure. It’s just a wish list from an advisory body with little real decision-making power but some important local and regional elected officials on its board. Political considerations still being calculated by state legislators are central. But tectonic shifts are underway in regional transportation policy, which may in the long run boost the green priorities sought by plaintiffs in the again-failed legal action.