Transparency News 9/17/18

 

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Monday
September 17, 2018

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state & local news stories

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“The overall issue to me is that this law has been on the books for four years. So how did Charlottesville miss it?”

Charlottesville city councilors appear to have improperly phoned in to numerous meetings, including those dealing with hiring of an interim city manager. In August, the council passed a policy — apparently for the first time — allowing councilors to phone in to meetings in certain situations. Since 2014, state law has required local public bodies to have such a policy in place if they wish for members to be able to participate in meetings by phone. According to minutes obtained in a public records request, councilors participated in and voted by phone during several special meetings in July during the search for an interim city manager. On July 18, according to the minutes, Councilor Heather Hill participated by phone and voted to meet in closed session to discuss the interim manager candidates. On July 20, Hill and Councilor Wes Bellamy phoned in and voted.
The Daily Progress

Seven search firms were interested in working with the Harrisonburg School Board to find, recruit and hire a new superintendent. On Aug. 10, Pat Lintner became interim superintendent, taking over for Scott Kizner, who left the school division to take a job with Stafford County. The School Board put out a request for proposals to search firms, with responses due on Sept. 4. Seven responded, according to Deb Fitzgerald, School Board chairwoman. At a closed meeting on Tuesday, the board discussed the seven proposals and narrowed the list down to two. During another closed meeting scheduled for Sept. 25, the board plans to interview the two executive search consulting firms via video and choose one to hire.
Daily News Record

Winchester Mayor David Smith has publicly apologized to a pair of city employees who he felt were treated disrespectfully at City Council’s Aug. 28 work session. Smith was referring to a series of questions posed to Miller, Winchester’s Parks and Recreation Department director, and Freeman, the city manager, by City Council member Milt McInturff. “Mr. Mayor, you do not have to apologize for me,” McInturff responded Tuesday before being cut off by council President Bill Wiley.  “When we have staff coming in and they’re doing a presentation,” Smith said after the meeting, “there is a level of civility and respect we should afford them. If we do have an issue with them, that is something we can discuss privately, but I wouldn’t do it in a public forum.”  Smith said his stance is not intended to quash open debate and discussion at City Council meetings. “You can do it civilly,” he said. “There’s no need for raising voices or anything like that, calling people to task. ... I don’t talk to people like that.”
The Winchester Star

A discrimination lawsuit by a former University of Virginia employee was settled for $200,000, according to documents obtained in a public records request. The federal suit in the U.S. District Court for the Western District of Virginia was resolved in August, according to attorneys from both sides. Betsy Ackerson was an assistant vice provost at UVa.
The Daily Progress

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national stories of interest

The idea that a public record reviewed or collected by an Iowa investigator can be considered forever confidential is a relatively new interpretation of the law, and one that makes it impossible for the public to police the police, an author of the state's 40-year-old public records law and a state records advocate say. Iowa law enforcement had for decades generally made records such as full police reports and 911 transcripts available to the public once an investigation was completed, noted Randy Evans, director of the nonprofit Iowa Freedom of Information Council. But in recent years, several Iowa law enforcement agencies have maintained that any record that is part of their investigative file — even secondary records produced by other agencies that are not directly associated with a case — should be considered confidential forever.
Des Moines Register

A state attorney general's office lawyer is downplaying concerns that Tennessee code includes 553 public records exemptions, saying that's just nine added annually on average. Janet Kleinfelter of the attorney general's office told a legislative panel Thursday that much has changed about the U.S. and technology since Tennessee created its public records act in 1957. She said there usually are very good reasons lawmakers passed exceptions. Doug Pierce of the Tennessee Association of Broadcasters said the nine-per-year number doesn't account for recent growth. The comptroller's office cited two statutory exemptions in 1957, 89 by 1988, and now 553.
Nashville Ledger

Chief Justice John Roberts stepped in Saturday to halt a federal judge’s order that a conservative politico group said threatened to discourage so-called independent expenditures by broadening the circumstances in which anonymous donors could be exposed. Roberts acted Saturday after a three-judge D.C. Circuit panel turned down the same arguments for a stay earlier in the day. U.S. District Court Chief Judge Beryl A. Howell in August issued a ruling invalidating a Federal Election Commission regulation that has allowed donors to so-called dark-money groups to remain anonymous.
Politico

An unnamed foreign country communicated with planners of the now-scrapped Veterans Day military parade, according to documents obtained from a Freedom of Information Act request. The parade was to run from the White House to the Capitol on November 11, the 100th anniversary of the armistice of World War I. President Donald Trump personally requested the military parade after witnessing a Bastille Day celebration in France, and members of all four armed forces were involved in the preparations. Ultimately, Trump canceled the parade in August, blaming D.C. leaders for the high cost. Public Citizen requested communications between the Defense Department, the White House, and the National Park Service about the planning of the parade last September. After a protracted process, some of which remains under active litigation, the Pentagon responded with 76 pages of emails. Most of them reference the unnamed foreign government.
The Intercept

 

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