Transparency News 1/31/14

Friday, January 31, 2014
 
State and Local Stories

 

Thanks to all who called or contacted members of the Rules subcommittee to support the study of Virginia FOIA’s 172 exemptions. The subcommittee -- known for killing most studies -- advanced the resolution on the full committee on a unanimous vote!

Meanwhile, a divided House FOIA subcommittee passed a bill to open up Virginia's FOIA to use by out-of-state requesters. The bill is strongly supported by VCOG, and equally strongly opposed by the Virginia Association of Counties. Dels. Anderson, LeMunyon, Ward and Carr voted in favor of the bill, while Dels. Robinson, Yancey and Yost voted against it. The bill will be heard by the full committee next week.

The same subcommittee advance a bill to require state agencies to post on their websites an explanation of the fees that can (and cannot) be charged for FOIA requests. The vote was unanimous.

The subcommittee passed a bill related to certain data held by the Department of Rail & Public Transportation. The bill has been amended to narrow the scope of the exemption, which would have included Amtrak passenger data.

Finally, the subcommittee again wrangled over the permission granted to local government officials' use of the "emergency" and "personal matters" option to connect electronically to a public meeting instead of attending in person. The subcommittee approved one version of the bill, which deletes the requirement that a majority of the public body approve the remote participation, and replaces it with a requirement that the local government must prepare a policy on remote participation and apply it consistently. Dels. Ward and Carr voted against the bill, which VCOG also opposed. A different bill, which would have kept the approval, but also required the reason for approving/disapproving remote participation to be recorded in the minutes, was withdrawn by the patron. There is a Senate bill that tracks this latter bill, so the debate continues....
 

Former Gov. Bob McDonnell’s legal defense fund reported raising $11,554 between July 1 and Dec. 31. The greatest contribution to the Restoration Fund — $5,000 — came from Stanley Baldwin, a Virginia Beach lawyer who chairs the fund, according to The Virginia Public Access Project, a nonprofit watchdog of money in state politics. The second-largest donation — $2,500 — came from Douglas Perry of Norfolk, founder of Dollar Tree stores.
Times-Dispatch

The average value of the gifts given to lawmakers was $267 — down from $467 in 2011 — the most recent comparable post-election reporting year for legislators. But the total number of gifts increased from 534 to 973 in the same period, according to VPAP. Both houses of the General Assembly are working on revising Virginia’s ethics laws in the aftermath of the gifts scandal that led to the indictment of former Gov. Bob McDonnell and his wife Maureen. But the bills moving through both houses would not prohibit lawmakers from continuing to accept meals, tickets and trips from lobbyists and other entities. Instead, the legislation would impose a $250 per-item limit on “tangible gifts” from lobbyists and sources doing business with the state. The bill also would strengthen disclosure requirements and create an ethics advisory panel to help legislators comply with the law.
Roanoke Times

State legislators last year accepted about $260,000 worth of travel, meals and gifts from lobbyists and other groups, even as they planned legislation limiting gifts and enhancing disclosure. Proposed changes would limit them to gifts worth less than $250, and require reporting twice a year. But that limit would apply only to “tangible items”—not to travel, which is usually the priciest of gifts, nor to food, nor to entertainment tickets. So Del. Patrick Hope’s five “elite VIP tour” tickets to Busch Gardens from SeaWorld Parks would still be allowed. So would Del. Will Morefield’s $9,800 “fact-finding mission to Israel” from the American Israel Education Foundation. And Sens. Ryan McDougle’s and Brice Reeves’ $3,776 trips to the Masters golf tournament in Augusta, Ga., from Dominion. Reeves, of Spotsylvania, reported his $3,776 “trip” from Dominion. He doesn’t list when or where, but Dominion reported taking him to the Masters golf tournament. McDougle has a similar listing on his report. The trip put the two of them at the top of VPAP’s list of lawmakers who reported going to sporting events.
Free Lance-Star

There are a few things any Virginian who signs up for welfare benefits can’t legally buy with them — lottery tickets, alcohol, tobacco and sexually explicit materials. Purchases at places like ABC liquor stores, tattoo shops, strip clubs and casinos are off limits, too. But it’s all an honor system when it comes to spending your hard-earned tax dollars.State officials say they have no access to debit card transactions made with Temporary Assistance for Needy Families benefits, which are federal assistance dollars issued on pre-paid MasterCard debit cards. Once the money is on the card, Xerox handles the records and consumers are protected. That prevents not only taxpayers from finding out where those tax dollars are spent, but it prevents the state from conducting its own audits on individual transactions.
Watchdog.org Virginia Bureau

As anticipated, Commonwealth's Attorney James Plowman requested the appointment of a special prosecutor to handle the recall case brought against Supervisor Eugene Delgaudio (R-Sterling). In the motion, Plowman asks for a special prosecutor because "the individuals surrounding the complaint, and those that may be witnesses are County employees, prominent members of the community or members ofthe elected Board of Supervisors."
Leesburg Today

King George’s county attorney advised Board of Supervisors’ members not to attend Wednesday night’s town-hall meeting about fracking, hosted by Supervisor Ruby Brabo. If two other supervisors were to attend the session, three of the body’s five members would be there, and that would make up a quorum. As such, the gathering “could be construed as a meeting under the provisions of the Virginia Freedom of Information Act,” said County Attorney Eric Gregory. The act requires boards to give advance notice when they’re meeting. Supervisors met on Thursday, and Brabo invited all residents and fellow board members to attend, but nothing was said publicly about the other supervisors attending. County residents have emailed board members since then and encouraging them to attend the session, according to postings on the Facebook page, Just Say No to Fracking in King George.
Free Lance-Star

National Stories

On Super Bowl Sunday in a building adjacent to MetLife Stadium in Northern New Jersey, hundreds of people will be glued to their big screen – but they won’t be watching football. Instead these analysts will be monitoring thousands of pieces of information steaming in from still thousands more state and local public safety officers on the ground in New York and New Jersey. It’s the big game’s command center and has been up and running weeks before the Super Bowl. The operation is headed up by the New Jersey State Police but the technology is provided by the Washington, D.C.-area's Haystax Technology, which has provided similar software for the last four Super Bowls. Less than a year after the Boston Marathon bombing, in which social media and crowd sourcing proved instrumental to finding the suspects, this year’s Super Bowl security technology pools resources in a way that uses data to paint the most comprehensive picture yet.
Governing

An elementary school principal’s claim that she saw teachers erasing answers on students’ test sheets had reached D.C. schools Chancellor Kaya Henderson’s desk within 24 hours of the alleged incident in late 2010, according to emails obtained by The Associated Press through a public records request. Ms. Henderson was notified about the alleged cheating by two officials with the Washington Teachers' Union, the emails show. However, school system officials did little to investigate the specific claims and never interviewed the principal about them, largely because possible cheating at the school was already under investigation, school officials said. The former principal, Adell Cothorne, said the emails show the school system essentially ignored her allegations.
Washington Times

Judicial Watch announced Thursday that on January 13, 2014, it filed Freedom of Information Act (FOIA) lawsuits against the U.S. Secret Service and the U.S. Department of Defense to obtain records detailing the amount of government funds spent on seven separate lavish trips taken by Barack Obama and the Obama family throughout 2013. The Secret Service failed to substantively respond to these FOIA requests, and has effectively shut down Judicial Watch's inquiries about First Family trav
Digital Journal

The California Assembly approved two bills on Wednesday intended to rein in aggressive paparazzi who pursue celebrities. AB1256 and AB1356, both by Assemblyman Richard Bloom, D-Santa Monica, won approval in the Assembly and were sent to the state Senate. One of the bills makes it illegal to interfere with someone trying to enter or leave a building. Bloom said it was not about paparazzi but about protecting children and others who are affected by aggressive photographers at places such as schools and hospitals. That bill, AB1256, was approved on a 52-16 vote.
The Union Democrat