Transparency News 1/21/15

Wednesday, January 21, 2015
 
State and Local Stories


Up today in the General Assembly: a press conference on police body cameras at 9:00, and bills with FOIA implications in the afternoon:

  • HB1646: Courts can void actions taken by public meeting that violated certain notice requirements;
  • HB1780: Notices posted on clerk of court websites;
  • HB1875: Lets Department of Historic Resources access online land records without paying; and
  • HB2077: Drones -- it includes a FOIA provision with an undefined term, "personally identifiable information."

Mayor David Bowers was called out Tuesday by fellow Roanoke City Council members for contacting members of the city’s delegation to the General Assembly and undermining a piece of the council’s legislative agenda. Councilman Court Rosen, chairman of the council’s legislative committee, which develops a list of aims the council asks legislators to carry out for them, didn’t initially name Bowers during the Tuesday afternoon meeting, or say what item Bowers worked against. He only said it had come to his attention that a member of the council had acted in that way. “It really undermines the process,” Rosen said. The council should stand together to “maintain credibility and not embarrass ourselves in Richmond.” Bowers, however, readily admitted he was the one Rosen was talking about and proceeded to make another speech in opposition to the council’s desire to make the city finance director an appointee of the city manager. Currently the position is appointed by the council. The proposal requires a change to the city’s charter by the General Assembly.
Roanoke Times

Virginia and Russell County health officials remained mum Tuesday about what communicable disease prompted a two-day closure of three schools in Castlewood and caused the death of a teacher. VDH spokesman Robert Parker said the only time the health department shares information about disease is when it poses a public health risk.
Herald Courier

In a move that mirrors a recent change made at the county level, the Williamsburg-James City School Board on Tuesday voted unanimously to change the start time of its public meetings to 6:30 p.m. The change goes into effect immediately and applies to both School Board work sessions and regular meetings. The James City Board of Supervisors recently voted to change the start times of its meetings to 6:30 p.m., too.
Virginia Gazette

If you’re looking for a bill that would allow all the public notice combatants to … mellow out … then sorry, you still need to go to Colorado for that. But a number of delegates, led by Joseph Yost and C. Matthew Fariss, and at least one senator, Rosalyn Dance, aim to legalize, regulate, and promote study of hemp production in Virginia. HB1277 & SB955 have undeniable economic and practical appeal – why continue a legal regime that requires buying from Canadians a product that’s useful and that Virginia can grow itself? The hemp production bills also provide that “All records, data, and information filed in support of a license application shall be considered proprietary and excluded from the provisions of the provisions of [FOIA].” (Poor Justice Mims – instead of heeding his call to define proprietary (at pp. 20-22), General Assembly members propose to deploy the word yet again, undefined, and to add another exemption not contained in FOIA itself to the bushel of existing exemptions already in FOIA & scattered elsewhere throughout Virginia law.)
Open Virginia Law

National Stories

Please sit down. We need to have a talk. It seems some important points about computer safety and security have completely gone over the heads of a certain portion of the population. If you're one of those people whose passwords look like "9$RxkU#55zx!%winning1," you can go ahead and leave. If your password looks like "1234567890" or "qwerty," it's time to repent and change your ways. SplashData has released its annual list of the most common passwords found on the Internet, and it looks like 2014 has been another corker. The champ from 2013, "123456," is once again top of the pops. Nine of the top 25 worst passwords are strictly numerical, featuring variations on a theme, with "12345," "123123" and "111111" all landing on the list. The runner-up for worst password is also the same as for 2013. You guessed it. It's the highly imaginative "password." The list was culled from an analysis of 3.3 million leaked passwords that came out during 2014. Most of the passwords are from North American and Western European accounts.
CNET

Nearly 130,000 pages of declassified Air Force files on UFO investigations and sightings are now available in one place online. Declassified government records about UFOs have long existed on microfilm in the National Archives in Washington, DC. Many of them also live on websites devoted to the topic, sometimes free, sometimes not. But UFO enthusiast John Greenewald says his database, Project Blue Book Collection, is the first to compile every single declassified document from the Blue Book project -- headquartered at Wright-Patterson Air Force Base in Ohio from 1947 to 1969 -- in one place for anyone to search or download for free. The collection consists of files from Project Blue Book, Project Sign and Project Grudge, the names given to official investigations into unidentified flying objects by the United States military.
CNN

In a clash between the First Amendment and judicial ethics code, the Supreme Court debated Tuesday whether to free elected judges to personally ask for campaign contributions from voters, including lawyers and others who might one day find themselves in their courtroom. At issue are laws or ethics rules in 30 states which say judges may not "personally solicit" funds for their campaigns. The rules were being challenged on free speech grounds by a public defender who ran for a county judgeship in Tampa, Fla., and signed a mass-mail letter seeking small contributions. Lanell Williams-Yulee, the candidate, lost her race and was later fined $1,860 by the Florida Bar for violating its judicial code. Bar officials said judicial candidates may establish a campaign committee to solicit funds on their behalf, but they may not be seen as asking for the money directly.
McClatchy
 


Editorials/Columns

Members of the General Assembly again are trying to alter the requirement that public notices — about board or council meetings, specifications for contract bids and the like — be published in local newspapers. Changes could make it harder for members of the public to obtain information about their governments. Full disclosure here: Newspapers benefit from advertising revenue when such advertisements are placed. But the chief reason for concern about these proposed alternatives is that they may further distance the public from government decision-makers. Anything that makes it harder for members of the public to track their government also makes it easier for public officials to avoid accountability. We’re not saying that’s why officials want the changes. But the effect could benefit them at the expense of constituents.
Daily Progress

Legislators have undertaken trips subsidized by outside sources. The jaunts fall into various categories. Groups and interests pay for members to attend out-of-town meetings and conferences. The members might serve as guest speakers or even keynoters. Certain trips resemble fact-finding tours during which senators and delegates can visit sites and operations with implications for Virginia policy. Other trips take legislators to events — the Masters golf tournament, e.g. — that have nothing to do with public service. If the first two categories can be justified, the final one cannot be. Members should know to say no to them. A trip to the Masters may be well-intentioned but it still raises questions of propriety. Special interests may have the resources to take legislators to championships, but the average citizen does not. We trust the integrity of the lobbyists we have met, but a retreat to Augusta crosses the line. Such gifts implicitly suggest access to clout is at stake.
Times-Dispatch

If you were a state lawmaker and heard that Virginians didn't understand how the U.S. government works, or why it was created the way it was, would you: a) Research test scores to see if Virginia's students really perform poorly on state-mandated civics exams, or b) Reflexively accept what you heard and require that all Virginia high school students take a federal citizenship test in addition to all of the other tests mandated through Virginia's Standards of Learning? If you answered "a," here's what you found: Last year, 86 percent of all Virginia students passed the state SOL exam on civics and economics. In 2012-13, 87 percent passed; in 2011-12, 86 percent passed. If you answered "b," you're in step with some Republicans in Virginia's House of Delegates. They want to mandate that all Virginia students pass the U.S. Immigration and Customs Enforcement department's naturalization exam before they're allowed to graduate.
Virginian-Pilot

Apple has been in existence for less than 40 years, yet it is the world's most valuable company and brand, with a market capitalization north of $700 billion and over $160 billon in the bank. Beyond its financial strength and market dominance, Apple's internal culture and its approach to its business have become the gold standard for a number of industries. So how can a public-sector organization become "the Apple of government?" Apple describes itself not as a computer or technology company but as one that combines the roles of innovator, integrator and -- of particular applicability to government -- experience provider. Besides its function as a democratic institution, the role of government is to be the protagonist for a better quality of life for residents/citizens/taxpayers. In that pursuit, beyond the delivery of public services and programs, government also creates a sensory experience. Ask residents of a city if they feel safe and the reply won't be about the number of officers on the police force but about their perceptions -- a blend of their own experiences, first-hand and otherwise.
Patrick Ibarra, Governing  
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