John Tedesco

WOAI featured a unique, data-driven story last week about the high number of accidents caused by inattentive drivers talking on their cell phones. Journalists at the television station analyzed an accident database kept by the Texas Department of Transportation that tracks contributing factors for all vehicle crashes in Texas.

To get the story, WOAI had to fight a lengthy open-records battle with TxDOT. During their legal dispute, TxDOT took the unusual step of asking a state senator to write a bill that, in its original form, would have kept the entire database private.

The dispute between WOAI and TxDOT is a telling example of how difficult it can be to get important information out to the public. In some cases, it’s a long, expensive slog — it took nearly two years for WOAI to get its hands on the data.
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If you’ve ever had to deal with a government agency that tried to withhold public documents from you, check out Steve Myers’ interview with one of the authors of a new book and blog, The Art of Access.

Instead of focusing on the intricacies of open-records laws, David Cuillier and Charles Davis write about the social dynamics between people who ask for records, and the gatekeepers who decide whether to release them. Cuillier says:

It’s crucial to understand the constraints agencies work under to be more effective in getting what you need. Those folks don’t come to work with horns and cloven hooves. There is a whole bureaucratic world that thinks differently than requesters. Understand that world, and you’ll navigate around it much better.

One technique the pair discuss on their blog is checking the job postings at government agencies to understand the agency’s attitude towards open government.

By coincidence, the same week I learned about this open-records blog, there was local news about BexarMet’s ousted gatekeeper T.J. Connolly, who pleaded guilty to campaign-finance violations. We had written many stories about Connolly, one of which detailed his efforts to delay an open-records request at BexarMet. “I want to be as uncooperative as possible … without being obvious,” Connolly wrote to BexarMet officials.

How did we learn about these stonewalling tactics? After Connolly and his supporters left the agency, we asked for their e-mails under the Texas Public Information Act. Under the new leadership at BexarMet, the agency was eager to appear more open, and handed over thousands of e-mails.

So the authors of The Art of Access are making a very important point: The culture of an agency plays a huge part in determining how much access you get.

New documents offer more information about the retaining wall that collapsed at the Hills of Rivermist, a neighborhood in San Antonio built by Centex Homes. Comparing the wall’s engineering plans to a memo describing how the wall was actually built shows the retaining wall might have lacked crucial features:

The original engineering plans for the wall, drawn up by Russell Leavens of Enterprise Engineers Inc., show the wall was designed as a gravity wall, which relies on its own weight to remain stable. The contractor that built the wall is the aptly named Gravity Walls Ltd., owned by Chun Lambert. We wrote this story about a city inspection that concluded the wall wasn’t built with enough mortar. Less mortar means less weight, which could destabilize a gravity wall. Lambert hasn’t returned our calls.

After our story was published, city officials continued inspecting the wall. Development Services Director Roderick Sanchez wrote this memo last week laying out the reasons why he believes the wall can’t be patched up. Sanchez offers more details about how the wall wasn’t built to Leavens’ specifications. For example, the wall is missing a layer of limestone and fabric that was supposed to be set behind the structure to capture water and properly drain it through weep holes at the bottom of the wall.

“There are multiple reasons why the wall may have failed,” Sanchez concluded. It could have been a combination of design failure, construction failure, or soil failure beneath the wall, he wrote.

The memo was posted on a city Web page set up to provide daily updates about Rivermist. The city posts new information at the end of every business day.

2009 was a brutal year for the Express-News. We lost a third of the newsroom in March from painful layoffs, and the exodus of talent was demoralizing, there’s no way to sugarcoat it. Even after the layoffs, we’re still occasionally losing bright journalists who don’t see much of a future in mainstream news.

They might be right for leaving and I might be an idiot for staying. But right now, I still see the Express-News as a place that gives reporters a chance to do good work.

It seems like every day I read an online comment accusing the mainstream media of abandoning watchdog journalism. But at the Express-News, we still have a crew of skilled journalists who are paid full-time salaries to dig up stories that tell readers what’s really going on in the city. That’s huge.

Take a look at these headlines published in 2009:

La Villita for sale: Reporter Guillermo Garcia revealed how the city was privately discussing a plan to sell two historic icons in downtown San Antonio: La Villita and Market Square. After a public outcry, the city backed off the deal.

Brian Chasnoff unearthed stories about missing police reports at the San Antonio Police Department; a speeding police officer who crashed into citizens; and officers who shot at moving vehicles, creating dangerous situations if the driver is incapacitated. He also learned that an officer of the department’s elite Tactical Response Unit was suspected of driving drunk and wrecking an undercover police car. The scandals have prompted a top-to-bottom review of the department.

Top salaries and overtime at City Hall: Greg Jefferson and Kelly Guckian analyzed a city payroll database and discovered which employees were paid the most in salaries and overtime. The database was posted online for everyone to search.

Left at bus station, mental patient dies: Karisa King and I examined the little-known practice by state psychiatric hospitals of dropping off mental patients at bus depots to find their own way home. One patient, Raquel Padilla, was dropped off at the Greyhound station downtown and given a ticket to Laredo. Three days later, she was found dead.

The story prompted new, potentially life-saving legislation authored by state Sen. Carlos Uresti, D-San Antonio, that requires hospitals to draw up specific transportation plans for their patients, to make sure they get home safely.

Tax exemptions for … miniature donkeys? This year Karisa also delved into the murky world of property appraisals in Bexar County, and how agricultural valuations are used as a way to drastically reduce taxes on property. Analyzing county data, Karisa found the case of a wealthy couple who received a tax break for raising a herd of miniature donkeys on their estate, and how the controversial site of the PGA Village golf course sought a tax break by claiming the course served as a wildlife refuge. The county’s database of property appraisal protests was posted online for readers.

Ambulance chasing thrives: We’ve all heard of ambulance chasers — lawyers who hound accident victims in an attempt to drum up new clients. But this fascinating story by John MacCormack names names and goes into great detail about how ambulance chasing is actually done — and how the accident victims end up losing.

Trouble at the Alamo: Scott Huddleston revealed how the Daughters of the Republic of Texas, the caretakers of the Alamo, have been feuding over fundraising disputes, causing some members to form a splinter group. Scott wrote a cool story by doing what reporters are supposed to do — following the money — and looked at how the Daughters spent funds raised from license plate sales. It turns out the Alamo received a relatively small portion of that money.

Dead by Mistake: The Express-News assisted in a nationwide investigation of fatal medical errors. Hearst-owned news organizations across the United States spent months investigating a little-known problem that plagues the health-care system: “Every year approximately 200,000 Americans die from preventable medical errors and healthcare-associated infections as tools to fight these needless deaths go unused at many hospitals.”

The project has its own Web site, Twitter account, Facebook page and YouTube channel, and reporters are still tracking the issue with follow-up stories.

Amusement ride injuries go unreported: I found a unique database kept by state officials that tracks injuries that occur at Texas carnivals and theme parks. We posted the data online, published a story about injuries that went untold, and examined the woes of Kiddie Park, where aging rides have literally fallen apart with children inside. (The park was closed when the story was published and Kiddie Park is now under new ownership.)

Unregulated puppy mills: The media is often accused — and rightly so — of publishing too many stories about cute fluffy animals. But Brian Chasnoff found a puppy story with some teeth. Brian investigated unregulated “puppy mills” run by breeders who sell sick animals to unsuspecting buyers. The story revealed how there’s little anyone can do to prevent the practice. “Populated by cash-hungry breeders and brokers, the puppy industry grinds on across Texas, unburdened by laws that would ensure the health of its stock,” Brian wrote. It’s a heart-breaking read.

Developers vs. the U.S. Army: We’ve written a lot of stories about the conflict between the U.S. Army’s Camp Bullis, and the real estate developers who want to develop new neighborhoods nearby. A tiny, endangered bird called the golden-cheeked warbler is caught in the middle of the squabble. Josh Baugh found out a San Antonio lobbyist was behind an effort to amend the Texas Constitution and allow investment zones near military bases — including Camp Bullis. Baugh’s article revealed local officials didn’t want the amendment to pass.

Hard times hit home in San Antonio: My girlfriend Jennifer Hiller has been covering the wave of foreclosures that swept across San Antonio this year. Analyzing foreclosure data, she told the human toll of the housing crisis, and maps ran with her story showing the hardest-hit areas of the city.

Mexican immigrants denied sanctuary from drug war: Todd Bensman revealed how U.S. immigration judges have denied sanctuary to immigrants fleeing the drug war in Mexico. “‘The government is fighting them tooth and nail,’ said El Paso lawyer Carlos Spector, who has lost several cases, including one by a police officer who arrived in El Paso with eight fresh bullet wounds.”

Southwest Airlines ticket scandal: Guillermo Contreras covered an unusual scandal at the Bexar County courthouse: Thousands of stolen airline tickets were sold at a discount to county employees — including judges and other public officials. Guillermo obtained a database of ticket purchases showing which employees bought stolen tickets, how much the tickets were worth, and where the employees flew. The database was posted online for readers to examine themselves and understand the sheer scale of the operation.

Uncovering an “embarrassing” arsenic problem at UTSA: Education Writer Melissa Ludwig found a story that the University of Texas at San Antonio would prefer go untold — elevated levels of arsenic at a campus greenhouse. Internal e-mails Melissa obtained show the school viewed the arsenic problem as “an embarrassing public relations problem” for the university. The problems were laid bare on the newspaper’s front page.

CPS Energy’s nuclear plans fizzle: A team of reporters spent months examining CPS Energy’s controversial proposal to expand the South Texas Project nuclear plant in Matagorda County. Anton Caputo and Tracy Idell Hamilton have led the coverage with scoop after scoop about the real costs of the project, and how CPS kept them hidden from the public. The newspaper set up a Web page where readers could check out online resources and the latest stories about the controversy.

I’m not here to be a cheerleader for every decision made by the Express-News or its parent company, Hearst Corp. I’m personally frustrated by the glacial pace of change at the paper — we don’t even have an iPhone app yet, for crying out loud.

But this is still a newspaper that publishes hard-hitting investigative stories that truly make a difference. As long as it remains that kind of paper, my New Year’s resolution is this: I’m going to try to stick it out.

WOAI’s Brian Collister, the investigative television reporter often seen shoving a fuzzy microphone in the faces of fleeing public officials, has a new blog at mySA. Brian is one of the few TV reporters in town who actually digs through records and analyzes public data.

One of my favorite stories by Brian features a skillful interview he conducted with Christine Torres, the disgraced executive director of the Bexar County Housing Authority. It’s a good example of how to handle a public official who is trying to hide the truth.

Brian found out the housing authority was giving mortgage assistance to only one person: Torres’ daughter-in-law. In this news video, Brian interviewed Torres.

Notice how Brian simply let Torres talk.

At first she denied the housing authority gave mortgage assistance to anyone. Then she acknowledged one person was receiving assistance, but refused to say who it was. Then Brian demonstrated he already knew who it was, and asked why Torres’ daughter-in-law deserved taxpayer help to own a house.

One of the best things journalists can do when confronted with someone who is lying or trying to hide something is to get the falsehood on the record. Don’t interrupt. Don’t get indignant. Let them dig their own hole.

Then go back and pick apart their story.

What happened to Torres? She resigned and later pleaded guilty to a felony.

One of the cool features of Bexar County’s digital archive is that you can do crazy keyword searches for people like “David Crockett” and other historic figures in San Antonio to discover deeds and other public records filed in their name. Some of these records document important events in the city’s history.

Out of curiosity, I ran a search for “Daughters of the Republic of Texas” and sorted the results by date to look for deeds filed in 1905, when the nonprofit group became the custodians of the Alamo.

I found this deed describing how the Daughters, with the financial help of Texas lawmakers and wealthy benefactor Clara Driscoll, had paid $75,000 to the merchants who owned the Long Barrack on the Alamo grounds. Adjusted for inflation, that’s about $1.8 million in today’s dollars.

The deed says the Daughters were incorporated for “the patriotic purpose of acquiring historic ground and perpetuating the memory and spirit of the men and women who achieved and maintained the independence of Texas and cherishing and preserving the unity of Texas.” The deed describes how the Daughters released the property to the state of Texas. The state owns the Alamo; the Daughters take care of it.

If you’re a history buff, you could enjoy hours of nerdy fun finding these kinds of primary documents.

Notice how this record is just a piece of the story. Clara Driscoll helped save the Alamo’s Long Barrack by opening her pocketbook, so her name is in the deed. But there’s no mention of Adina De Zavala, who persuaded Driscoll to join the cause of preserving the Alamo, and later famously clashed with Driscoll about what to do with it.

For tips about looking up historical records on the county’s Web site, there’s a FAQ page that offers search tips, and I blogged here about some pointers.

Mayor Julian Castro and San Antonio City Council members are criticizing CPS Energy for failing to disclose the true financial costs of a proposed expansion at the South Texas Project nuclear plant. They’re asking why a city-owned utility can’t be more transparent.

All this cloak-and-dagger suspense reminded me of a weird encounter I had with CPS. What you are about to read is super-duper top secret:

In 2003 I was thinking about moving to a new house, and I had heard somewhere that you could ask your local utility about the past energy usage of a property, to get an idea about its energy efficiency and what your monthly bills might be.

So I sent a request to CPS for the past year’s electrical usage for the house. Harmless, right?

Apparently not at CPS. The utility asked Attorney General Greg Abbott’s office if it could withhold the information, claiming it was a competitive matter. And the AG agreed in this open-records ruling.

All these years later, I still don’t understand why CPS tried to withhold this “competitive” information. Anyone care explain? E-mail me if you want — it’ll be our secret.

Thanks for the great feedback about the history of my 85-year-old house. Brian Chasnoff told me he spent an hour looking up records for his own house. But Brian and another blog visitor who e-mailed me said they had trouble using Bexar County’s Web page set up by County Clerk Gerry Rickhoff to look up public records. Here are a few tips to get started.

When you visit the site, you have to register for free. Once that’s done you can log in and you’ll see this intro page:

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Reporter Karisa King wrote a story published Sunday that revealed state Rep. David Leibowitz, D-San Antonio, is accused of defaulting on $5.5 million in debt. Aside from being an interesting read (Leibowitz denies owing that much money), the story is a good example of the power of public documents. If you’re writing the same kind of story or blog post and need to check someone’s financial track record, a good place to start is your local courthouse. You can search online and even download scanned images of the actual documents, often for free.

For federal courts, which include bankruptcy cases, the Administrative Office of U.S. Courts set up Pacer, where you can search for free and, in many cases, download court records for a small fee.

In San Antonio, the Bexar County District Clerk offers a “litigant inquiry” on its Web page, where you can type in someone’s name and see if they have ever been sued. The county’s law firm sues people and companies that fail to pay property taxes. If you find any cases that look interesting on the Web site, you have to go to the courthouse to the clerk’s office on the second floor to read the actual case file. The clerk’s office has recently started digitally scanning filings, so hopefully those documents will be posted online like Pacer.

To find tax liens, judgments and other records filed at the courthouse, you can use an amazing, free site set up by County Clerk Gerry Rickhoff. After registering, you can search and download a wide variety of records. A search for “Leibowitz” on the site found numerous hits for the Texas lawmaker, including three federal tax liens here and here and here. The most recent one was filed in 2007.

When I first started out as a reporter in 1997, you had to trek down to the courthouse, figure out the county’s antiquated computer system, and ask someone to pull the physical records. Today, parts of the county’s computer system are still antiquated, but you can still find and download many types of records on the Internet in minutes. Pretty amazing.

(Photo credit: Zereshk)

This is a cool tool for history buffs: Google unveiled a vast, searchable archive of Life Magazine for all 1,860 issues from 1936 to 1972.

Run a search for “San Antonio” and you’ll find all kinds of stories and photos:

A 1938 feature story about Thomas Jefferson High School, with photos of its ROTC classes and “manners” courses for female students;

Photos of Fiesta in 1950, which the magazine described as a “seven-day civic binge;“

A story in 1971 about the long-forgotten protests about the construction of U.S. 281.

Here’s Google’s original blog post about this new research tool. “This is part of a broader effort across Google to help bring offline content online and allow people to find it with a simple Google web search,” wrote Google’s product manager Brandon Badger. Hat tip to Marilia Martins who tweeted about this today.