Transparency News 3/8/19

Friday
March 8, 2019

state & local news stories

"I’ve been very frustrated by developers hiring high-priced attorneys who then request off-the-record meeting with me, and then developers having the chutzpah to claim that I’m biased."

If you're in Charlottesville on March 25, consider coming by the FOIA workshop being put on by the city, VCOG and Smart Cville. It's free and open to the public, but you do have to register.

Vienna Town Council members may choose not to meet with developers outside of public meetings, or converse with them only in the presence of town staff, but the Council cannot prohibit such gatherings, Town Attorney Steven Briglia said. Banning such meetings might violate the First Amendment and likely would run afoul of the Dillon Rule, under which Virginia localities may exercise only those powers granted them by the General Assembly, Briglia said at the Council’s March 4 joint work session with the town’s Planning Commission. Council member Pasha Majdi on Jan. 29 took the unusual step of issuing a press release calling for a ban on private meetings with developers who would be submitting applications under the town’s Maple Avenue Commercial (MAC) zoning ordinance. “I’ve been very frustrated by developers hiring high-priced attorneys who then request off-the-record meeting with me, and then developers having the chutzpah to claim that I’m biased against their application because I refuse to meet with them off the record,” he said.
Sun Gazette

Sen. Charles E. Grassley (R-Iowa) took to the floor of the U.S. Senate on Thursday afternoon to demand answers from the FBI about its investigation into the death of Bijan Ghaisar. Ghaisar, 25, was shot to death by two U.S. Park Police officers in Fairfax County, Va., in November 2017 as he sat behind the wheel of his Jeep Grand Cherokee after a short chase. The officers’ names have not been released, and no decision has been made on whether they should be charged.
The Washington Post

stories of national interest

A Hamilton County (Ohio) judge gave a tongue-lashing Thursday to five Cincinnati City Council members who broke the law by secretly conducting public business via text messages. Common Pleas Judge Robert Ruehlman told the five they violated the trust of voters and should immediately resign from office. "You essentially lied to the people of this city," Ruehlman said. "The trust is gone. It's going to take a long time to get that trust back." The five council members – Wendell Young, P.G. Sittenfeld, Chris Seelbach, Tamaya Dennard and Greg Landsman – all admitted as part of a settlement agreement that they broke Ohio open meetings law by secretly discussing public business in a string of group text messages.
Cincinnati Enquirer

In January, the Miami Lakes Town Council approved an initiative, introduced by mayor Manny Cid, to let residents teleconference into public meetings. So if they can't show up, they can still weigh in on issues in their community. Many cities live stream public meetings, either through their website or Facebook page, but allowing two-way communication with live remote public testimony is rare. “We’re making million-dollar decisions on a monthly basis and yet we’re not hearing from any of our residents,” says Cid. “The reality is that most people are at work or running around. They are dealing with everyday issues, but they would like to have their voices heard.” Interested citizens can go to the town's website to download a video conferencing software onto their computers or mobile devices. The council then gives each remote participant three minutes to speak near the beginning of the meeting.
Governing
 

 "You essentially lied to the people of this city. The trust is gone. It's going to take a long time to get that trust back."

editorials & columns

"Government officials have found an effective way to keep secrets, especially when they don’t want taxpayers and voters to know about sweetheart deals with favored businesses."

Government officials have found an effective way to keep secrets, especially when they don’t want taxpayers and voters to know about sweetheart deals with favored businesses. It works something like this. First, the government officials sign a non-disclosure agreement with the business that says that anything in an upcoming government contract with the business could be considered proprietary, a trade secret or otherwise confidential information of the business, and not disclosable under Tennessee Public Records law. Next, they agree that they will not disclose anything to members of the public about the deal’s details, even at a public meeting in which a governing body must vote on it. Often, they agree that any press release or information given out about the government contract must be approved in advance by the company, and that the company has control over what the government says. Finally, if someone makes a public records request for the documents that outline specific terms, including how much the government is paying or granting, the government will alert the company and allow the company 30 days to object or file to get a court order to prevent disclosure. Impossible, you say? Hardly.
Deborah Fisher, Bristol Herald Courier