ALBEMARLE COUNTY On a 5-2 vote, the school board
adopted a gag order for anything discussed in a closed session.
Public disclosures can occur only when authorized by a majority
vote. But a footnote was added: "Nothing in this policy shall
be construed to limit rights protected regarding freedom of
expression or freedom of speech"
ALEXANDRIA When a tenants' group asked for
documents regarding purchase of their apartment buildings by the
Virginia Department of Transportation, VDOT said it would cost
nearly $70,000 for state workers to locate, copy and deliver the
requested materials. "Show me the files and I'll Xerox
them myself," the group's president said. A VDOT
spokeswoman advised the group to "specific down" its
records request for lower search and copying costs.
ALEXANDRIA A burglar used ropes attached to a
rooftop to swing into a 17th floor apartment one year ago, then
tied up two residents and stole money, jewelry and a computer. In
June, a police officer's cruiser was damaged and her personal
car was torched. The burglary went unreported until a July
indictment; the arson was reported 23 days after it happened.
APPOMATTOX County Administrator Andy Carroll
individually polled members of the board of supervisors by
telephone on whether an appeal should be filed in a circuit court
fight over courthouse improvements. In the first polling, the
appeal was blocked on a 3-2 vote. A couple of days later, one vote
got changed and the appeal was authorized, again by a 3-2 margin.
No public vote occurred.
BLUEFIELD Annexation opponents complained to the
Tazewell County Board of Supervisors that they were kept in the
dark about Bluefield's expansion plans. "Not having
received notification, we thank the General Assembly for passing
powerful freedom of information laws that allowed us to find out
what was taking place," county resident Connie Bailey told
the board.
BUCHANAN COUNTY When representatives of the Virginia
Education Association asked the school board for financial records,
the superintendent distributed a memo in employees' payroll
envelopes, claiming "personnel records" were being
sought. Employees were asked to sign a document if they objected to
disclosure of base pay and their total income from the school
system. State law requires disclosure of any public
employee's salary exceeding $10,000.
CHARLOTTESVILLE The city council went behind closed
doors to work out a consensus on a new school board appointee. A
League of Women Voters representative got an invitation to join in
questioning the candidates; other citizens were kept out.
CHARLOTTESVILLE JAUNT, a public transportation
system, refused a request for contracts with its law firm. Donna
Shaunesey, executive director, wrote a reporter the contract was
covered by public-record "Exemption 7." That exemption
is intended to protect the attorney-client privilege, not to cover
up public expenditures.
CHESAPEAKE Longtime assessor Laurence Street retired
abruptly Aug. 1. City council members said only that it was a
"personnel matter." The city attorney said an audit of
Street's operations would stay classified indefinitely, as a
"working paper." Virginian-Pilot reporter Bob McCabe
examined public records, interviewed key officials and disclosed
double-billing for a Daytona Beach conference (later reimbursed)
and large credit-card expenditures the city's purchasing
manager knew nothing about.
CHESTERFIELD COUNTY Circuit Judge T J. Hauler got a
$90,000 settlement in a libel suit he'd filed against the
local clerk of courts. Another $299,000 went for the clerk's
legal expenses. Taxpayers picked up the tab. Records obtained under
the Freedom of Information Act revealed that the state Division of
Risk Management had paid the damages and the clerk's defense
under general-liability coverage the state provides for elected
constitutional officers.
DANVILLE Behind closed doors, city council picked
Albert "Buddy" Rawley over 11 other candidates for a
council vacancy. The Danville Register & Bee said editorially:
"We didn't get to meet the applicants in an open forum.
We didn't get to watch council interview the candidates and
discuss their merits before voting on their final choice. Instead,
city council discussed the issue quickly and secretly."
Earlier in the year the council moved across the hall to its
"work session" room when a large number of citizens
showed up to discuss a controversial topic. The work session room
has fewer seats, and no cable TV cameras.
MANASSAS Prince William County Circuit Judge Leroy
F. Millette Jr. denied a request from broadcasters to televise the
trial of sniper suspect John Allen Muhammad. TV coverage could
intimidate witnesses and compromise Muhammad's right to a
fair trial, Millette said.
PORTSMOUTH The cash-strapped city rescued an 11-day
music festival with a $155,000 grant but it all got worked
out behind closed doors, leaving citizens wondering where the money
came from. The city manager's contingency fund was used for
part of the bail-out; other funds came from a surplus account. No
public votes took place. The Virginian-Pilot editorialized,
"Elected officials should not play with so much money outside
the public eye."
RICHMOND The Department of Mental Health, Mental
Retardation and Substance Abuse Services proposed a FOIA exemption
for its "active investigations." The plan later was
dropped. "Giving the state the power to keep investigations
in darkness and secrecy is a return to the bad old days of lunatic
asylums," the (Staunton) News-Leader editorialized.
RICHMOND According to July 16 minutes kept by the
Richmond Economic Development Committee, Item 9 on the agenda was a
"Closed Session . . . to further discuss the Cordish
development and other real estate matters." No FOIA exemption
was cited, no purpose and topic were described, no roll call was
reported. Minutes also failed to show a later certification that a
legal closed session had been held.
RICHMOND In 1998, a state watchdog agency
recommended that the Virginia Department of Transportation look at
the cost of galloping privatization. VDOT did just that. The
resulting report found that the state could have saved millions of
dollars by using VDOT employees instead of private consultants to
perform highway projects. But the report was withheld from
legislators and transportation policymakers by the Gilmore
administration.
RICHMOND When the Department of Corrections refused
to release prison records, it told the ACLU the requested records
could be kept confidential under FOIA's security-procedures,
exemption 69. Not in this case, said the FOI Advisory Council. The
ACLU wanted to learn more about DOC's procedures for
notifying family or friends in case of inmates' serious
illness, injury or death. "Information that does not affect
the security or safety of the building or individuals, such as when
an inmate's designee is notified of serious illness, does not
rise to the level of jeopardy set forth in the exemption. FOIA
would require the release of this part of the record, even if other
information in the same record may be redacted," the Council
said.
ROANOKE The Virginia Veterans Care Center repeatedly
failed to provide requested notices for meetings of its board of
trustees.
ROANOKE A deputy in the office of clerk of courts
withheld a "sensitive" document sought from a public
file, despite the Code of Virginia's mandate that
"records and papers of every circuit court shall be open to
inspection" unless a judge has ordered the material sealed.
In behalf of seven Roanoke Valley judges, after a reporter
complained, Judge Cliff Weckstein wrote local clerks that they had
discretion only to assure that inspection and copying did not
interfere with "orderly administration" of their
office. If a clerk or his deputies believe a document has been
mistakenly placed in an open file, "please bring it to a
judge's attention," Weckstein said. |