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-EXCERT FROM STORY------ The case also signals a "disturbing trend" throughout the nation, according to the Reporters Committee for Freedom of the Press, based in Arlington, Va.. -SNIP-

StarNews.com : Lawyer orders agency to track fish kill queries

LINK TO FULL STORY

INDIANAPOLIS (Feb. 12, 2000) -- The Indiana Department of Environmental Management is logging hours spent with reporters, an unusual move that critics say limits access to public officials and wastes state time.

The log policy -- which applies to anyone asking questions about the White River fish kill -- brought immediate criticism from lawmakers and activists.

"The loser is the public," said Stephen A. Key, counsel to the Hoosier State Press Association. "This isn't a minor story. It's one of the largest fish kills ever and they don't know what caused it."

A toxic, foamy discharge into the river was first noticed at Anderson's wastewater treatment plant in mid-December. State officials suspect a lethal chemical was released into city sewers by Guide Corp., an automotive parts plant. The company has denied responsibility.

Linda Pence, a private attorney hired by the state, ordered the log policy.

Reporters for The Indianapolis Star were informed of the agency's new policy Friday.

The environmental agency reports that since Feb. 4, it has spent 30 hours in staff time -- for interviews and labor for copying public documents -- for The Star alone.

Star reporters had three sit-down interviews this week with agency officials and one phone interview. In each instance, the agency allowed reporters one to two hours.

The agency sent other officials, including an attorney, into those interviews to monitor the proceedings, but it was not at the newspaper's request.

Their time was added to the log.

Pence, who is being paid $225.25 an hour, expressed concern about the hours agency officials are spending with reporters.

"I do not believe it is in the public's interest for state officials to sit for hours with reporters when (officials) are working on an investigation," she said.

Pence also was critical of The Star's coverage.

"All I have read in this paper is very negative comments on IDEM. They have been working very, very hard. Our first and foremost job is to spend their energies on the investigation, on what happened," she said.

Officials in Gov. Frank O'Bannon's office called the log "a legitimate time-management tool" but were unaware of its implementation.

"There is no intent to change the rules of the game in terms of clamping down," said Margaret Burlingame, the governor's chief of staff.

Republicans are skeptical.

Sen. Beverly Gard, a Republican lawmaker who chairs a legislative oversight council reviewing environmental matters, said the new policy is "bizarre."

"I have never heard of anything like this," she said, adding that sending several employees to a single interview was "an inefficient use of personnel."

The governor's office could not come up with a comparable example for another state agency logging interview and copying time.

Democrats were more supportive of the agency.

"It wasn't IDEM that spilled the chemical in the river. People have been quick to turn the White River fish kill into a political issue," said Sen. Vi Simpson, D-Bloomington.

She suspects staff time is being calculated to assess eventual damages against a responsible party, when and if someone is cited for the pollution that killed about 88 tons of fish.

"I hope we aren't closing off public access and comment, not only in this situation but others." But Simpson said she would give the agency "the benefit of the doubt."

The case also signals a "disturbing trend" throughout the nation, according to the Reporters Committee for Freedom of the Press, based in Arlington, Va..

Lucy Dalglish, executive director for the committee, said similar strategies have been used in cases where states hired private firms to handle tobacco litigation.

Some states are denying information on how much those attorneys cost taxpayers.

But she said such tactics don't "magically transform public records into private records."

Others worry about a private lawyer dictating state policy.

"Linda Pence, as a nongovernment employee, has no right to decide IDEM policy," said Richard M. Van Frank of the Amos W. Butler Audubon Society. "If you don't keep the pressure on and keep asking these questions, nothing will be done."

) 2000 Indiana Newspapers Inc. AP materials ) 2000 Associated Press.

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-- Dee (T1Colt556@aol.com), February 13, 2000

Answers

Can you say not y2k or a la Love canal daja vu. Environmental criminals in the first degree. Oh The terrible price our children will have to pay for our generation being asleep at the wheel while tyrant corp dictator elites run the planet into the shitter.

-- y2k aware mike (y2k aware mike @ conservation . com), February 14, 2000.

While you are all awake and feeling environmental, why not take a look into Oregon State's policy of clubbing to death hatchery fish and destroying their eggs. It appears that they feel that the entire stock must be extirpated because of "unpure" genetics. http://www.pacificlegal.org/alseama.htm

Coho salmon is a federally listed "threatened" species, by the way.

It's not about species. It's about control over provate resource use.

-- marsh (siskfarm@snowcrest.net), February 14, 2000.

Mike and Marsh,

Yes, this is a very sad story. IMO, our environment is very stressed. It is going to take a long time to clean up the damage that has been done.

-- Dee (T1Colt556@aol.com), February 14, 2000.