Transparency News 2/27/19

 

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Wednesday
February 27, 2019

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Eventbrite - ACCESS 2019: VCOG's Open Government Conference
April 11 | Hampton University
 
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state & local news stories

 

 

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“Forcing anyone to go through FOIA to get what is the most basic government information — how the money is going to be received and spent — seems tone deaf.” 

The Richmond School Board has approved a budget for next school year that calls for the elimination of 49 central office positions — roles that have yet to be made public. A divided board on Monday signed off on Superintendent Jason Kamras’ budget proposal, which now heads to the City Council and Mayor Levar Stoney. Kenya Gibson of the 3rd District, Patrick Sapini of the 5th District and Felicia Cosby of the 6th District voted against the budget. “I don’t know what we are voting for and this is of grave concern for me,” Gibson said before the vote, citing a lack of clarity over the positions being cut and the documents provided by the administration. Monday’s vote capped a monthlong process of discussion and debate over the school system’s finances, some of which happened behind closed doors. The district has yet to reveal the positions on the chopping block, something Kamras said it would do by April 1. An effort to make the positions public failed on a 5-4 vote at the board’s meeting last week, when it also delayed a budget vote because of technical difficulties. Board members have been privy to information on job cuts, including in an extended version of the budget that has not been published widely, but community members and employees are still in the dark over whose jobs are on the line.
Richmond Times-Dispatch
The details of a budget already approved by the Richmond School Board are still not public, an apparent violation of state open records law and the district’s own written policy. It’s a move that has sparked concern from community members, some members of the nine-person elected board and an open government advocate. The board published a 31-page budget summary before its Monday night vote, a document that details the amount it will bring in but offers little detail about how that money will be spent. What it’s hiding is a 228-page budget filled with specific information on positions and programs that it was given by the city school system’s administration last week, a document it voted on — and approved in a 6-3 vote — Monday. After asking for a copy of the larger budget because the board had discussed it in open session, a Richmond Times-Dispatch reporter was told by the School Board clerk and the superintendent’s chief of staff to file a Freedom of Information Act request. That request was filed Monday night and acknowledged — but not fulfilled — on Tuesday. “Forcing anyone to go through FOIA to get what is the most basic government information — how the money is going to be received and spent — seems tone deaf,” Rhyne said.
Richmond Times-Dispatch

The terms of the Front Royal-Warren County Economic Development Authority’s longest-standing board members will expire at the end of this month. The seats belong to Ron Llewellyn, who was appointed in 2011, and Greg Drescher, who was appointed in 2005. Both said after the EDA’s Friday meeting that they would like to continue serving. Board of Supervisors Clerk Emily Mounce stated in an email that the county has received 10 applications. County Attorney Dan Whitten explained that if the county does not appoint new members or reappoint Drescher and Llewellyn, the two will remain on the board until an appointment is made. The candidates will not be revealed, as the county cites the Freedom of Information Act’s personnel exemption as the reason to keep this information confidential. The supervisors at their regular meeting last week entered a closed session to discuss the EDA appointments. Earlier in that meeting, during the public comment period, Fern Vazquez questioned the county’s transparency regarding how a board member is selected. She said: “It’s unclear to me what guidelines are followed” in selecting board members and how candidates are vetted. Vazquez said lacking transparency has “created a credibility and trust gap between” supervisors and citizens.
The Northern Virginia Daily

Agencies who fail to retain public records and vote in closed door meetings without counsel present could face penalties under a new law pending Virginia Governor Ralph Northam’s sign-off. Senate Bill 1554, authored by Senator Scott Surovell (D - Fairfax), would penalize records officers or public bodies for destroying or altering records as a way to avoid disclosure under the state’s FOIA law as well as local leaders who decide on law in closed session meetings without counsel. “The closed meeting rules are violated monthly, even last week, and I decided it was time to create some consequences to hopefully reduce violations,” said Surovell. “Virginia’s FOIA lacked meaningful consequences for breaking the law.”
MuckRock

The Chesterfield County School Board approved a spending plan Tuesday night that includes the same $672.2 million operating budget that Superintendent Merv Daugherty laid out in his original spending plan in January. School Board Chairman Rob Thompson said at Tuesday’s meeting that the timing of this year’s General Assembly budget passage has left the locality without a clear sense of how much state money the school system will get. Daugherty’s memo on the budget and a staff presentation about the spending plan were posted online just before 3 p.m. on Tuesday — less than four hours before the board was to meet to vote on the budget and members of the public were provided the opportunity to weigh in.
Richmond Times-Dispatch

Lawmakers are pushing to have subcommittee meetings recorded in next year’s General Assembly session. All House and Senate floor sessions and committee meetings are currently videotaped and posted online daily for anyone who wants to catch up on discussions about why any particular piece of legislation might have failed or advanced. “We do that for committees. We don't do that for subcommittees, and we should,” said Democratic Delegate Mark Levine. He’s partnered with Republican Senator Amanda Chase to round up a list of lawmaker signatures – over two-thirds from both the House and Senate – who support the effort. “We think there needs to be more sunshine, if you will, shed in both houses, especially in the House side,” Chase said. And, Chase says, she’s heard from constituents who want more transparency, too.
WCVE
A bipartisan group of Virginia lawmakers is demanding that the General Assembly record and archive its subcommittee meetings — a critical part of the legislative process and the only proceedings not yet video-recorded by the state. The demand was contained in a letter drafted by Del. Mark Levine, D-Alexandria, and Sen. Amanda Chase, R-Chesterfield, co-founders of the Virginia Transparency Caucus. It was signed by 68 of the 100 members of the Virginia House of Delegates and 29 of the 40 state senators. Virginia has been slower than other states to pull back the curtain on the legislative process. Floor sessions of the House and Senate were not archived until 2017. Committee hearings were not livestreamed and archived by the General Assembly until the Transparency Caucus pushed for that after the 2018 session. Virginia became the 42nd state to record such meetings.
The Virginian-Pilot

The town of Vienna long has posted video recordings of Town Council and Planning Commission meetings, but those who wished to review less-formal work sessions of those bodies were out of luck. That has changed recently, as the town has begun posting on the Web audio recordings of meetings and work sessions of those bodies within 48 hours, said town spokesman Lynne Coan. Coan said she did not know if recordings would be made of all the town’s boards and commission meetings and work sessions, but said the policy applies to major bodies such as the Town Council, Planning Commission and Board of Architectural Review.
InsideNoVa

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stories of national interest

bill slated to extend certain aspects of the public records act to the Washington State Legislature is dead following a heated public hearing. Senate Bill 5784, introduced by Senator Jamie Pedersen (D-Seattle) earlier this month would have removed the legislature’s longstanding exemption to the Washington Public Records Act and added three exemptions for constituent communications, whistleblower information, and records related to the “deliberative process” of lawmakers. “If we can get the exemptions right, if we can protect that personal identifying information for our constituents, if we can protect our ability to hear from whistleblowers, and if we can protect the deliberative process we go through, then we should just live with what the consequences are for the past records that are going to be disclosed,” said Pedersen at the hearing.
MuckRock

When the city of Louisville refused to disclose how much they offered Amazon to lure its headquarters there, the local newspaper sued and won in an initial court decision. On Tuesday, Republican lawmakers in the state legislature advanced a bill that would keep that from happening again. A legislative committee approved House bill 387 by a 11-5 vote, with three lawmakers voting "pass." It would exempt government officials from disclosing what kind of tax breaks and other incentives they offered companies to move there if the proposal is rejected. It would also exempt companies from having to disclose their shareholders or other financial information when accepting state tax breaks. And it would limit open records requests only to people and entities based in Kentucky, according to Republican Rep. Jason Petrie, who sponsored the bill.
U.S. News & World Report
 

 

 

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"[The bill] would also exempt companies from having to disclose their shareholders or other financial information when accepting state tax breaks. And it would limit open records requests only to people and entities based in Kentucky."

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editorials & columns

 

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"The Buffalo News filed a Freedom of Information Law request for the video’s release, while lawyers for the Brown administration opposed the release for more than two years."

Public records requests are a vital part of holding officials accountable for their actions. When Interstate 81 was shut down for more than eight hours following a snowstorm in December, the Bristol Herald Courier requested a slew of public records — including 911 calls — to find out exactly what happened when thousands of motorists were stranded along one of the busiest roads in Virginia. When a Sullivan County corrections officer was on trial for two counts of assault following an excessive force claim in 2017, the newspaper sought all of the use-of-force reports from the Sullivan County jail and learned that almost all of those reports were warranted; although the vetting process seems complicated. And when Bristol Tennessee officials feared retribution from Sen. Jon Lundberg, R-Bristol, after his daughter was pulled over by a city officer, the Herald Courier dug into the officer’s disciplinary file and other official documents to learn what took place following the traffic stop and what led to that officer being fired. Two bills introduced into the Tennessee legislature this year could infringe on our ability — and more importantly, the public’s ability — to search for the truth in these situations.
Bristol Herald Courier

Now we know why Buffalo Mayor Byron W. Brown’s administration did not want the videotape released of a cellblock attendant manhandling a suspect in the basement of Buffalo City Court – it’s a real-life horror film. The attendant, Matthew Jaskula, grabbed a handcuffed defendant from behind, threw him to the floor, then dragged him into a cell as blood pooled on the floor. Two Buffalo police officers stood by and did nothing, with one of them grinning, as the defendant, Shaun P. Porter, was roughed up. The Buffalo News filed a Freedom of Information Law request for the video’s release, while lawyers for the Brown administration opposed the release for more than two years. The public’s right to know finally triumphed last week when The News published the video online, one day after the Common Council settled Porter’s lawsuit against the city for $300,000.
The Buffalo News

WITH HIS stunning plea for reconsideration of New York Times v. Sullivan—the landmark free-speech decision insulating the press, and speakers in general, from most libel actions —Justice Clarence Thomas has ... performed a public service. Not necessarily because he’s right, but because there’s a serious issue here. He was writing in a case brought by Kathrine McKee, who accused Bill Cosby of rape. Cosby’s lawyer responded to her accusation by trying to destroy her character. Among other things, he called her a liar. McKee brought suit, saying that she had been defamed. Thomas is an “originalist”; he believes that interpretation of the Constitution should be settled by reference to the “original public meaning” of its terms. He offers considerable evidence that at the time of ratification, those who wrote and ratified the Bill of Rights were comfortable with libel actions—and did not mean to impose anything like the “actual malice” standard. There are strong objections to originalism, of course. But whatever your theory of constitutional interpretation, it is hardly obvious that the First Amendment forbids rape victims from seeking some kind of redress from people who defame them.
Cass Sunstein, The Free Lance-Star

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