Virginia Coalition for Open Government

Transparency News 9/19/14

Friday, September 19, 2014

 

State and Local Stories

Long before they arrived at the courthouse, prospective jurors in the public corruption case against former Virginia governor Robert F. McDonnell were asked to complete a 99-question survey about everything from their political leanings to their experience taking — or selling — dietary supplements. U.S. District Judge James R. Spencer made the questionnaire public Thursday, after it was requested by The Washington Post and the Richmond Times-Dispatch. The judge has yet to make public the completed questionnaires, though he has indicated he will do so after they have been redacted to shield personal information.
Washington Post

Former Virginia Gov. Bob McDonnell on Thursday asked a federal judge to acquit him of the public corruption charges of which he stands convicted or at least grant him a new trial — arguing that the guilty verdicts stemmed from “insufficient evidence” and “numerous legal errors during the proceedings.” The arguments — at least those that are public so far — are ones that McDonnell’s attorneys raised even before his and his wife’s trial began, and experts say U.S. District Judge James Spencer is likely to reject them again. McDonnell can still appeal the case after his sentencing, which is scheduled for Jan. 6. Maureen McDonnell also moved Thursday to be acquitted of public corruption, adopting her husband’s arguments and noting that she was not a public official and could not be convicted without him. And she moved to be acquitted on an obstruction of justice charge of which she alone was convicted.
News Leader

Members of the Amherst County School Board now are requested to undergo background checks, just like every employee and volunteer who works within the division. According to state code, information about criminal history only may be disseminated to certain persons or organizations, including school boards, during offers of employment as well as when a “school board employee” is arrested. State code authorizes police to submit a report to superintendents upon the arrest of school employees for felonies and class 1 misdemeanors.
New Era-Progress

Following the entreaty of community members, the Amherst Town Council is revisiting the topic of prayer at its meetings. Since January, town council meetings have been opened with moments of silence. In May, the Supreme Court ruled in Town of Greece (N.Y.) v. Galloway that opening government meetings with sectarian prayers was constitutional within certain parameters. Resident Rachel Carton challenged the council during its regular meeting on Sept. 10 to return prayers to the agenda. “We voted for you all. We want you to listen to us. We want you to pray. We want prayer to be brought back to guide this town,” Carton said.
New Era-Progress

National Stories

Apple removed text from its latest transparency reports, which suggests that the company has received a top secret data demand. These so-called "warrant canaries" can be issued ahead of a Patriot Act demand, because technology companies are not allowed to disclose whether or not they have received such an order. Apple, however, preemptively asserted it "never received an order under Section 215 of the USA Patriot Act," in its debut transparency report in November 2013. That text has now been removed from its latest two reports, suggesting Apple has, in the second-half of 2013 onwards, received such an order.
CNET News
 

Editorials/Columns

Now the [Richmond Mayor Dwight Jones] administration has made a quantum leap from the ridiculous to the absurd. Asked for a copy of the confidentiality agreement, the mayor’s spokesman says nobody can see that, either — because it’s covered by attorney-client privilege and is a personnel record.  That rumble you hear is the thousands of lawyers across the state laughing their guts out. The mayor’s insistence on concealing not only the reasons for Marshall’s departure, but also even the confidentiality agreement he asked members of the City Council to sign, does nothing but fuel suspicion. And the nonsensical reasons he has offered for the secrecy reek of desperation.
Times-Dispatch

The eight elected officials looked as if they’d just witnessed a horrific traffic accident. Warrenton’s town council members and mayor swallowed hard. Eyes wide, they barely blinked. No blood spilled during a routine “work session” on a recent Thursday night in Town Hall. But, county voter Registrar Alex Ables put the fear of God into the council as he described the town’s potential adoption of Virginia campaign finance reporting requirements. “This is not going to be a fun process, once you opt into it,” Mr. Ables said. “It never goes away.” Because Warrenton has only about 10,000 residents, candidates in town elections for council and mayor face no requirement to disclose who contributes to their election campaigns. The law applies only to Virginia jurisdictions with at least 25,000 residents.
FauquierNow.com

When someone is arrested and booked, that person gets photographed. These "booking mugs" have become a part of the American culture, from ghastly celebrity pics to the burgeoning online galleries of everyday felony suspects. So we remain puzzled at the trouble our newsroom has encountered in seeking the booking mugs of Arlis "Vic" Reynolds and Douglas Davis Jr this past week. Mr. Reynolds, the former police chief of Windsor, and Mr. Davis, a former Waverly police officer, were indicted on unrelated charges of embezzlement. Perhaps it is coincidence, but it doesn't feel right that the media can request and receive booking mugs of any ordinary citizen who gets arrested, but the photos of two law enforcement officers are unavailable. Most police departments, when an officer is arrested, provide the mug shot without being asked — avoiding any appearance of special treatment.
Daily Press