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All Access
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Local
Nothing is perfect. The assumption of Virginia’s Freedom of Information Act is that the people who run government won’t make mistakes: that they’ll respond to records requests by the required deadlines, that they’ll locate and turn over all responsive records and that they’ll make fair and responsible use of the law’s exemptions. Of course, the difference between laws in theory and laws in practice is the inevitability of human error. “As mayor, I’m actively building a culture of openness and responsiveness throughout city government,” Mayor Danny Avula said in response to questions. “That starts with our attitude towards FOIA.” According to city spokesperson Ross Catrow, there’s evidence that Avula’s cultural shift is already bearing fruit.
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Local
Aretha Ferrell-Benavides doesn’t think the city of Martinsville intends to restore her to her position as city manager, and she’s not optimistic about her chances for a similar position in Texas. Ferrell-Benavides was placed on paid administrative leave from her $215,000 a year job in Martinsville on July 22, after a published report in the Martinsville Bulletin in May detailed the use of credit card expenses over the previous 15 months that included thousands of dollars in travel, hotel stays, food and conferences, including trips to Las Vegas and luxury resorts. The City Council has also authorized a forensic audit of the city’s finances. “If they didn’t want me, all they had to do was tell me, and I would have left,” said Ferrell-Benavides. “This has all been too much for everyone.”
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In other states-California
California’s public record law details what records should be deemed public — but it says less about how to ensure that public agencies thoroughly search for and provide all records responsive to a request, or even whether agencies are forbidden from deleting records after receiving a public record request asking for them. These issues are now at play in an ongoing case before the California Supreme Court, known as City of Gilroy v. Superior Court.
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In other states-Wisconsin
Wisconsin public officials cannot hide private text messages and messages on private messaging apps involving public business and they are accountable for legal fees in cases where the court finds the records should be released, a Wisconsin appeals court ruled. The ruling came in Midwest Environmental Advocates v. Prehn, a case involving whether former Natural Resources Board Chair Frederick Prehn had unlawfully withheld public records that included text messages with then-Gov. Scott Walker regarding Prehn’s plans to remain in office after his term.
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A three-judge panel for the 9th Circuit Court of Appeals ruled unanimously that the Department of Labor cannot prevent disclosing so-called EEO-1 data under an exemption in the Freedom of Information Act for certain types of trade secrets and commercial information. The ruling upheld a lower judge’s decision in 2023, albeit under a slightly different rationale. DOL had argued that revealing companies’ headcount or diversity composition broken down by broad job categories would hurt their businesses, a position the court said was tenuous at best. “[DOL] fails to explain how this data describes contractors’ exchange of goods or services or their making of a profit, so the Department has not shown that it is ‘commercial,” the 17-page ruling states.
Politico
“Democracies die behind closed doors.” ~ U.S. District Judge Damon Keith, 2002
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