Transparency News 2/6/18

 
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Tuesday
February 6, 2018
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state & local news stories
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The Strasburg Town Council chose  Curtis Falkenstein Monday as an interim member. The decision came in a 4-3 vote with three members  favoring Emily Reynolds for the position. The vote came with little discussion following a set of two closed-session discussions last week. During Monday’s meeting,  the council voted unanimously to hold a special election to fill the vacant seat.
Northern Virginia Daily

People who are interested in New Market and don’t receive the town’s current monthly newsletter can see something new in their inboxes this month. Events and Marketing Coordinator Amber Smoot has completed the first issue of a new e-newsletter detailing upcoming events and other town goings-on, she said during a phone interview Thursday.
Daily News Record
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national stories of interest
D.C. lawmakers voiced concern Monday about the unexplained removal of the District’s government-transparency watchdog, who said that she faced pushback from other public officials — including in the office of Mayor Muriel E. Bowser (D) — as she sought to enforce the city’s laws on open meetings and records. D.C. Office of Open Government Director Traci L. Hughes learned last week that the panel that oversees her office had voted unanimously not to reappoint her. The board voted in closed session, as is common in internal decisions affecting employees, and has not disclosed its reasons for seeking a replacement. Hughes said Monday that she had faced pressure to pull punches in her role of policing District agencies’ compliance with the Open Meetings Act and Freedom of Information Act. “I resisted the pressure, and I do think that that’s probably part of the reason that I’m in the position that I’m in today,” she said on the “Kojo Nnamdi Show” on WAMU-FM (88.5).
The Washington Post

In the days after President Trump fired FBI director James Comey, the White House told the public that the bureau had "lost confidence" in its leader. New e-mails obtained by the Lawfare blog paint a different picture of the reaction inside the FBI. NPR's Ailsa Chang talks with Benjamin Wittes, Lawfare's editor-in-chief and a fellow at the Brookings Institution. AILSA CHANG: So you got those records through a Freedom of Information Act request. Why did you file a FOIA request in the first place? WITTES: So I filed the request back over the summer because Sarah Huckabee Sanders had said those words that you just played, and the president had said that the FBI was in turmoil and that the director whom he fired was a nut job. And that was not remotely consistent with anything that I had ever heard about the internal FBI management or feelings of the rank-and-file toward the management. And so one really good way to get a read on what the internal reaction was would be to just FOIA all of these statements to staff from all of the field offices, from all of the divisions, from all of the sections and see, what were people telling their staffs? . . . The reason we have laws like the Freedom of Information Act is so that people can hold government accountable for statements and check whether they're true.
NPR

 
 
quote_2.jpg"The reason we have laws like FOIA is so people can hold government accountable for statements."
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editorials & columns
quote_3.jpg"Left to their own devices — as this bill would allow — government agencies do not behave as champions of transparency."
There is something almost surreal about the legislation sponsored by state Sen. Richard Stuart exempting Virginia's judicial branch from any scrutiny under the Freedom of Information Act. Neither Stuart nor any of those voting for the bill seem to be able to tender a rational explanation for it. Yet it has passed one committee and is headed for a floor vote. The best Stuart could come up with is to note that it's not entirely clear what records are exempt from scrutiny. How exempting all records from scrutiny qualifies as a reasonable solution to this minor problem is mystifying. 
Richmond Times-Dispatch

Sen. Richard Stuart, R-Stafford, says he thinks Virginia’s courts should set their own rules for what should be open to the public. We all know what would be the results of that. Courts would release very little information. All branches of government seem more interested in hiding information than in sharing it — because hiding information allows them also to hide their mistakes. It is specifically for this reason that the Freedom of Information Act exists. Left to their own devices — as this bill would allow — government agencies do not behave as champions of transparency.
The Daily Progress

Towns in Connecticut are worried about the cost of archiving, reviewing, and withholding law enforcement videos, and the Meriden Record-Journal reports that Cheshire's town manager, Michael Milone, has urged the town's delegation to the General Assembly to introduce legislation authorizing towns to charge fees for processing requests for access to videos. Charging such fees would nullify the point of police videos -- accountability. If the public has to pay extra for accountability, police will have every incentive to make accountability expensive. Disclosing video is not expensive. Video is easily posted to the internet, and thousands of ordinary people do it every day. What is expensive is the time spent by government employees censoring video and other records, applying the exceptions to disclosure enumerated in Connecticut's freedom-of-information law. The more exceptions to disclosure, the more censorship review and the less accountability.
Chris Powell, Journal Inquirer

Journalists are not immune to misunderstandings of the First Amendment, despite their self-evident interests in the functionality and well-being of a free press (and, indeed, their long and important efforts to protect speech and press freedoms). This comes up occasionally at First Amendment conferences I attend, and it’s understandable to a large extent because this area, as a legal specialty, is home to more than a few puzzling cases. I asked a dozen media law professors and attorneys what they consider common misunderstandings that journalists  have about the First Amendment and media law. Eleven shared their thoughts with me.
Jonathan Peters, Columbia Journalism Review

 

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