Just how far is government willing to go to reach openness? Taking Down Words points to how one Florida city started dealing with employee e-mail in December 2004:

“The public and the media may read e-mails sent and received by City of Sarasota employees, including the city manager, city commissioners, and all department heads.

“Effectively immediately, during regular business hours Monday through Friday, 8 a.m. – 5 p.m. the public can access and read the e-mails from the Auditor and Clerk’s Office at City Hall, 1565 First Street, Sarasota. One computer is dedicated solely for the public to read city e-mails.”

Given that memos between such officials are generally open, it makes sense the government emails should as well. But our notion of emails, which in many ways resemble a mix of paper mail and phone calls, is not quite in line with traditional written memos. But the law can reasonably equate the two and it appears to be moving in that direction, at least in Florida.

As someone who covers the Indianapolis City-County Council allow me to offer a thought or two about the presidential election in the largest county in Indiana…

The facts, on their face, are simple. Current City-County Council President Steve Talley decides his personal commitments are too much for him, so to focus on family and other pressing matters he steps down from his position. Monroe Gray, Majority Leader, steps up to fill the void. He wins on a party line vote. Like I said, on the surface, the facts look simple. Now peel back a layer or two and things get a little more complicated.

For a while I had been hearing grumblings that Democrats were not happy with the Talley’s leadership. The smoking ban, police consolidation, the human rights vote, etc. But I know what you’re thinking, “Abdul, these items all passed, right?” Yes they did, albeit police consolidation and the human rights vote on the second go round. And you can also throw in the increase in the County Option Income Tax for the jail and public safety. Taking steps toward fixing this city’s antiquated sewer system. And there were a few other items. So if all these things were going well, why would the Ds be upset? Good question.

Ask them publicly, or privately, and everyone sticks to the same script. “Steve served us in difficult times, and we appreciate his service.” He even got a standing ovation. However, I had heard prior to the vote, Talley was having a lot of trouble garnering support. The GOP that helped put him in office wasn’t there this time. Nor were the four Democrats who supported him either. I know several Democrats who expressed concerns about his leadership following the first failed police consolidation vote, others were upset about the smoking ban compromise and the delay in its implementation, others were still holding a grudge that Talley maneuvered to get Roselle Boyd out of office from his last council seat. At least one had an issue with the human rights ordinance. Add them all up (13, by my count) and you see where this is going. Almost all the Democrats were mad at Talley about something and they all got together to vote on it.

I can’t say whether Monroe Gray is up to the task. I don’t know him that well. What I do know, I learned though reputation and rhetoric. It has been long rumored that Gray may have some questionable activities lurking around which could come back to haunt him if someone really started digging around. The longest conversation we ever had was shortly after the first police consolidation vote, which failed (Sharon Franklin being the lone Democratic “no” vote.) He told me that the fundamental job of any leader is to maintain discipline in the ranks and if they can’t then what’s the point of leadership. Prophetic? Everything looked at via hindsight is 20/20. What a Monroe Gray presidency will look like what remains to be seen. There are some difficult issues on the horizon and Gray does not strike me as a policy wonk.

However, I can’t help but think of the third season Twilight Zone and the episode entitled “The Mirror.” In it a Latin American revolutionary overthrows the current dictator. And as he takes over the office the dictator warns him that the mirror will show him the face of would be assassins. Over time the revolutionary sees his close associates in the mirror and has them executed. Until finally at last the face in the mirror is him and he ends up causing his own demise. Now I am not saying Monroe Gray is a Latin American Revolutionary with a magic mirror in his office, but I just can’t help but wonder if under his leadership the next several hundred votes taken by the City-County Council will take place in the Twilight Zone.

The House Judiciary committee today passed by a vote of 10-0 HB 1010, which puts serious restrictions on the government’s ability to take private property for public use. The bill is also retroactive to Nov 23 of last year, which impacts the NK Hurst/Stadium Building Authority conflict. The unanimous vote sends a strong warning to the Stadium building Authority and could complicate matters to get the stadium built on time.

There’s a highly disturbing story in CNET titled, “Create an e-annoyance, go to jail.” It begins:

Annoying someone via the Internet is now a federal crime.

It’s no joke. Last Thursday, President Bush signed into law a prohibition on posting annoying Web messages or sending annoying e-mail messages without disclosing your true identity.

Sen. Arlen Specter apparently burried the law in the “Violence Against Women and Department of Justice Reauthorization Act,” carrying stiff fines and up to two years in prison. Here’s the relevant language in Sec. 113:

“Whoever…utilizes any device or software that can be used to originate telecommunications or other types of communications that are transmitted, in whole or in part, by the Internet… without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person…who receives the communications…shall be fined under title 18 or imprisoned not more than two years, or both.”

What does it mean to “annoy,” and why should that be illegal? For an Act that seeks to protect women, Declan McCullagh notes it can do just the opposite: “A woman fired by a manager who demanded sexual favors wants to blog about it without divulging her full name.” Under the law that would arguably be illegal.

Perhaps the most disconcerting aspect is the wet blanket it would throw on political speech. Anonymous criticisms online of elected officials can certainly be annoying. Dr. Duncan Black, author of the tremendously popular liberal weblog Eschaton, published for quite a while under the pseudonym “Atrios.” One could easily argue his actions would violate the new act.

It is true that the Justice Department isn’t going to prosecute in most of these cases, but as McCullagh wrote, “trusting prosecutorial discretion is hardly reassuring.”

In laws that implicate constitutional rights we often harken back to the Founding Fathers in an attempt to devine what they would’ve thought of the law. This is never an easy task but we can rest assured that most, if not all, would despise this law. In a series of letters written by a middle-aged widow named ‘Silence Dogood’, Benjamin Franklin famously poked fun at life in colonial America and its institutions.

The list of “annoying” pseudonyms is so long I couldn’t begin to put a dent in it here. Outlawing them is stupid, misguided, harmful, and, in my opinion, ultimately unconstitutional. The government should not merely fail to enforce the law; it should repeal it.

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Eminent domain hearings began today at the statehouse. Not only do Indiana lawmakers want to make it tougher for local governments to take private property, they also want to make it retroactive. If passed and signed by the Governor, HB 1010 would be effective as of November 23 of last year. That would of course impact the current dispute between NK Hurst and the Stadium Building Authority. The Authority filed suit against NK Hurst on the last business day of 2005. The authority needs much of the land NK is on for parking for the new stadium and convention center. Stay tuned to this one. I’ll try to have an update later today.

Thanks to Josh Whicker for tipping me off to an article in the Courier Journal titled, “Daniels stuck to promises he made in campaign.” The blunt talk and willingness to go where other dared not has ruffled a few feathers, but in the end “the overhaul of state government saved money and improved services.”

An AP story in the South Bend Tribune suggests that South Bend might host some Olympic events if Chicago was chosen to host the 2016 Summer Games.

South Bend’s East Race Waterway makes it a an easy choice for the whitewater paddling events. Notre Dame Stadium, which seats more than 80,000, could be another attractive facility.

Hat tip to Doug Masson.

Although Democrats have a majority on the Indianapolis City-County Council a Republican could end up as President come Monday night. Sources tell me, in addition to Steve Talley running for President, two other Democrats are bucking for the job; Majority Leader Monroe Gray and former Council President Roselle Boyd are possible candidates. So how does Republican Minority Leader Phil Borst become President? Easy, to become Council President you need 15 votes, period. The President of the Council does not have to be of the majority party. So if three Democrats are all running for President and the Republicans stay united, Borst has a 14 block. And I know of at least one Democrat who could vote for the GOP. Stay tuned to Monday night.

To piggy back on Josh’s earlier post, as you all know, my friend Brian Howey of the Howey Political Report reports the state is sitting on a billion dollar ticking time bomb. Because of government regulations the state of Indiana must disclose its non-pension liabilities, one of which is health insurance for lawmakers. When lawmakers serve for more than six years they get automatic health insurance for life, and their spouses as well. State Auditor Connie Nass says the liability runs in the millions of dollars. I spoke with House Speaker Brian Bosma this afternoon. Bosma says he doesn’t think the pension liability is a billion dollars, but it is still high enough to be concerned. He tells me he thinks the benefit needs to changed and will likely do so this session. However, under Indiana common law it will be difficult to take away vested benefits from current lawmakers. The good news though is anyone elected after 2006 needs to be ready to go get their own insurance.

A new study released this week by the Indiana University Center for Postsecondary Research shows that “third-year [law] students do not work as hard as their counterparts to meet faculty members’ expectations.”

According to the survey, third-year students do not work as hard as their counterparts to meet faculty members’ expectations, nor do they discuss legal issues and ideas outside of class as often as other law students. As many as one-quarter of third-year students frequently come to class unprepared. When estimating how much they have gained from law school, third-year students look similar to first- and second-year students in areas such as critical thinking, effective writing and work-related knowledge or skills.

The results of this study are as surprising as one would be that concluded seniors in high school and undergraduate institutions did not work as hard as their counterparts. It’s to be expected. But for third year law students who already have jobs lined up, slacking in the classroom may not be as irrational as the article makes it appear. For most third year students they’re experiencing the most free time they’ll have until retirement, and since grades will not factor into a job they already have, it’s often wise to focus on other things.