Mark Greene’s post about archival internship, mentoring and sources of advice followed right on the heels of interesting discussions of the use of volunteers in archives. I’ve never done research on these topics at a deep level. But most of the institutions with which I’m familiar distinguish between volunteers and interns.
In some cases, the people working as volunteers and interns are on opposite ends of the job spectrum. Some of the former may be retirees who have specialized skills suited for carrying out short duration projects. Using them helps organizations keep such employment slots as are or become available open to hiring people in whom they can make long term investments. The latter are people hoping to become one of the people in whom archival institutions invest.
In order for archival institutions to invest in people, they need a budgetary outlook that enables them to maintain staffing levels or add to them rather than be forced to lay off employees. As I noted on the Archives & Archivists listserv in 2010, any number of unacknowledged forces can affect an archival institutions well being. I’ve worked in the federal government for nearly 40 years and seen two agencies go through Reductions in Force in which people lost their jobs for reasons unrelated to job performance or contributions to the enterprise. That’s one of many reasons why I’ve been thinking about outside advocates and how they frame narratives related to records. Archivists often talk about records as being a source of accountability. Sometimes when you look beneath the surface, some of the issues get complicated.
The original About page at my anonymous, first blog, Archivesmatter(s), reads as follows:
“Someone who thinks that archival institutions and those who work in them really matter. Hard copy and electronic records, too. Plus history. To say nothing of researchers. And those who create our documentary heritage. Which means records managers matter too. Seriously. You don’t wanna get me started. . . .”
I often discussed records and archives, how technology was changing outreach and research, and communications issues. I’ve done so at this blog, too. This Sunday, I’m going to link to some news stories about records. What is happening is taking place in the federal environment in Washington. It affects the beginning of the life cycle of records that historians may one day use to study what happened and why in the nation’s capital. But you need not be an expert on Fedland to think about them (comments welcome). Because the elements that affect advocacy are ones you may encounter in other settings, too.
Writing about records in the news provides an opportunity to think about how you would advocate for born digital records with each of the parties quoted. There are advocacy groups and government officials in three branches of government in the mix. Think about all of them as you consider what may happen to the records of governance.
This post lays out what advocates have said in the press about the Freedom of Information Act (FOIA) and the Federal Records Act (FRA). At the most basic level, these are not just records or policy issues, they are people issues. Similar controversies and advocacy efforts can erupt in other settings. These involve the Environmental Protection Agency and its records.
Back in May 2010, I linked on the Archives & Archivists Listserv to a Secrecy News report about record keeping at the Environmental Protection Agency. I wrote,
“The IG report notes FOIA-triggered substitution of oral for written deliberations and the mis-use of a ‘Confidential’ marking on a 2007 document. The IG notes drily in responding to EPA’s comments, “The report criteria is the EPA records management policy. The Region’s assertion that it maintained sufficient records does not demonstrate compliance with this policy. Intentionally not recording information to avoid FOIA is not recognized as an agency records management tool.”
What the IG did not get in to (and the audit culture largely eschews) was why executives exhibited the behaviors they did. Me, I’m a historian, I think about that, a lot. And then there’s my background in Washington, too. I have some experience in dealing with people who felt cornered on records issues. I also have experience in being one of the subjects of a news story (by a famed investigative reporter) about archival issues.
As you read the news stories to which I link, put yourselves in the position of the EPA officials whose records are at issue and ask yourself, “who among the people quoted is looking first for reasons for, then for solutions to the situation? Anyone?” (There are other players in such matters. They’re not quoted in the news stories. My focus here is on those who are.)
This is not an idle question. Having watched a former president (Richard Nixon) struggle with the thought of having some of his very candid comments opened for public research, I’m keenly aware of the potential for a chilling effect on record keeping. Impressions matter here as just as much as reality. Executives often focus on their mission responsibilities and do not always take the time to delve deeply into archival and records management matters. They may not always consider the protections available to them under open records laws.
President George W. Bush reportedly said he would not use an e-mail account at the White House as the information in it would be too vulnerable. A journalist reported in 2001 what the new President then explained to his friends and family. “‘My lawyers tell me that all correspondence by e-mail is subject to open record requests,’ Mr. Bush wrote. . . . ‘Since I do not want my private conversations looked at by those out to embarrass, the only course of action is not to correspond in cyberspace.'” (New York Times, March 17, 2001) The Times failed to note that under the Presidential Records Act, purely personal communications by Bush most likely would be protected from inappropriate disclosure.
I thought of Bush’s response when I recently read what Melanie Sloan, a representative of an advocacy group, Citizens for Responsibility and Ethics in Government, asked about officials at the Environmental Protection Agency. She said of allegations some were using more than one email account: what exactly they are “trying to hide from the American public.”
My experience has been that a lot gets done quietly behind the scenes in trying to sort through complex issues in Washington. Jumping in with speculative comments, seizing the microphone, acting on assumptions and voicing them in public may reflect good intentions. But it is not always helpful.
Sloan is a lawyer, as is her CREW colleague, Anne Weismann. The people at CREW may have good intentions. But I often see a flood of press releases and press comment flow from the advocacy group. As I read CREW’s press releases and reactions, I think at times, why the quick finger on the trigger? Advocate inquiry, perhaps, but why attribute motivation or pre-emptively define the narrative before all the facts are known. Yeah, I know. I’m flying my Washington insider flag. A-gain.
CREW has called for an Inspector General inquiry at EPA. An IG may uncover some of what happened but is not always best positioned to authoritatively explain why. But calling for IG involvement is not new for CREW.
I watched Anne Weismann make a statement at a so-called Open Forum at the National Archives and Records Administration (NARA) in March. You can see how I dressed going to the event, I was making a statement in my own way, ha. My notes show that I scribbled down comment after comment by her (four pages worth!). I then noted how they came across to me (“big stick approach”) and noted in exasperation, “filibuster.” Some of that reflected the fact that the forum was intended for vendors and public advocates. As a federal employee, I yearned for a place where there could be broader dialogue. Meaningful, solution oriented discussions of complex issues. You can see the vehemence with which I scribbled my concluding thoughts at the March forum in the last comment in my notes! Yeah, I’m strongly focused on people issues.
That CREW’s officials now are calling for Inspector General involvement at EPA is consistent with what Weismann said in comments I referred to in March as “big stick approach.” The story first broke in right leaning news outlets such as The Daily Caller and the Washington Examiner. A conservative advocate named Christopher Horner had filed Freedom of Information Act requests with the EPA, seeking access to records from various officials. Horner, author of a book called The Liberal War on Transparency, alleged that some EPA officials were using private email accounts rather than official ones.
The elements highlighted in reporting the EPA records story have morphed over over time. In September there were rumblings about Horner trying to gain access to officials’ “private accounts.” Truly private accounts, that is, personal ones such as Gmail or Hotmail, lie beyond the reach of FOIA. True, if officials use personal accounts, they are supposed to forward the work related messages to their official accounts so they can be controlled under the Federal Records Act. But there is no way to compel that.
I don’t see a judge in a FOIA appeal case ruling that an outsider should gain access to the personal accounts of government employees, even if there was suspicion that they used them to conduct government business. (The Republican National Committee was not compelled to give up accounts Karl Rove used while employed by the Bush White House, for example.) More recently the term secret accounts has been used, pointing to secondary dot gov accounts reportedly used by the EPA chief. Such accounts are subject to FOIA and fall under the FRA.
As news stories to which a subscriber to the Archives & Archivists Listserv has linked show, Horner has strong opinions about the EPA Administrator. He uses political language to refer to her an “eco-warrior” and speculates about “radical plans” in quotes reported in The Daily Caller. He refers to her as President Barack Obama’s “radical” EPA chief. He makes much of the fact that she has more than one email account but EPA asserts that this is not uncommon. According to EPA, highly visible administrators such as Jackson sometimes have a publicly posted email account and others which are used internally only. To this longtime Washington observer and player, that sounds feasible.
CREW’s officials worry that future researchers won’t know that alias accounts are associated with the administrator. But that actually depends on whether signature blocks are used, whether the account is identifiable in some way as reflecting the chief’s correspondence, and how the emails are filed within electronic records management systems. Metadata obviously is an issue. It makes a difference whether alias account email and the permanent messages in an account mentioned in public both are filed as administrator (agency chief) email in an ERMS or not. Absent such information, critics outside the government are speculating. That’s the way the game is played here in DC, for better or worse.
Horner and people like him probably will continue to use his quest to excoriate the Obama administration on issues of Open Government and transparency. This is Washington. It happens. He is no more a model for me in advocacy than Stanley Kurtz was back in 2008 when he wrote at National Review Online about his efforts to access University of Illinois Special Collections records about Barack Obama. I explained how I thought Kurtz, a conservative scholar, had erred in a post here at Nixonara in February 2011.
Whom is Horner seeking to reach when he refers to Jackson as Obama’s “radical” EPA chief? Judge for yourselves, I can only speak to how I react to his rhetoric. (After I wrote that, and as I was about to publish this post, I noticed some reactions on the Archives & Archivists Listserv. Two readers posted reactions on November 25 to links to the EPA news stories in the conservative press posted to A&A.)
I’m much more inclined to take analysis pitched to a broad audience seriously than commentary filled with dog whistles and coded language. But even if you roll your eyes over the rhetoric of a Horner or a Kurtz, as I do (I keep hearing Elvis Costello sing, “don’t pass out, there’s no refund”) it is worth thinking about what is going on and what may happen. (Yeah, I recently wrote a post, “Archivesland: Don’t Pass Out, There’s No Refund.” It includes photos of my sister and I as federal employees (yep, she cart skated in the stacks at NARA despite being a supervisory archivist) and a clip of Costello singing “Clubland.”)
As someone interested in good record keeping, I’m more interested in objective and insightful, humanistic as well as technological, examinations of reported systemic issues than partisan name calling. Is there a potential chilling effect on federal officials (regardless of party control) due to the rhetoric and accusations? Are officials likely to retreat to what the EPA Inspector General cited as not good practice, but one no one can prevent–oral decision-making and refusal to put things in writing? Will some of the comments by CREW’s officials make officials in other federal agencies and departments feel as if “no one understands the environment in which we work, this makes record keeping seem even more high risk than it has seemed to date?”
I’ll give these questions some thought. If you have perspectives you’d like to share, comments are welcome. Washington. What a place. But oh so educational.