Friday, January 30, 2015
State and Local Stories
Yesterday….
A House education subcommittee advanced one bill requiring the Department of Education to post information/guidelines on FERBPA, and another one requiring school boards to get annual training on FOIA, among other things.
The House Transportation Committee advanced the bill to reform the public-private partnership process. An additional public comment periods has been added.
The Senate Agriculture Committee unanimously reported a bill to legalize the farming of industrial hemp (VCOG argued against a blanket FOIA exemption for licensee information).
The FOIA subcommittee of House General Laws referred two FOIA bills to the FOIA Council for further study: one that would allow a court to void an action taken at a meeting where certain public notice provisions weren’t followed; the other related to the working papers exemption and university presidents.
The House Commerce & Labor Committee shot down two bills (both on a voice vote where votes are not recorded): one would subject utilities to FOIA when the exercise the power of eminent domain (see below), and one would require the State Corporation Commission to make publicly available the public comments they receive on policy matters.
And there was this:
The state's prisons and one of the most powerful politicians in the state Senate are arguing for a bill that critics say could keep any information about executions secret. The bill also says information about the drugs and equipment used in executions and the firms that supply the drugs could be kept out of any lawsuits. The measure was meant to protect the firms that mix up the so-called "cocktails" of drugs Virginia uses to execute people, said state Sen. Richard Saslaw, D-Springfield, the Senate minority leader. "When we use the electric chair, we don't give the name of the guy who pulled the switch," he told the Senate subcommittee on health professions, adding that his measure just extends that to the companies that put together the three drugs used in executions. But the wording Saslaw proposed is so broad that it covers everything to do with executions, said Craig Merritt, a Richmond lawyer whose practice focuses on Freedom of Information Act and First Amendment issues. Merritt spoke on behalf of the Virginia Press Association. Saslaw dismissed criticism of his bill as simply objections from death penalty opponents. Those on death row, he added "have had a hell of lot more rights protected than the people they killed." (The bill was referred from this subcommittee to the Senate Courts of Justice Committee.)
Daily Press
The push to open up records on projects like the Atlantic Coast Pipeline died in the House of Delegates on Thursday. House Bill 1696 was killed in committee on a near-unanimous voice vote. The bill, introduced by Del. Dickie Bell, would have made public utilities subject to sunshine laws on projects where the company is allowed to exercise eminent domain. “We have an opportunity to make government and public utilities a little more accountable to the people, and I think that’s a good thing.” “I think this legislation has many unintended consequences that would occur if it were enacted,” said Brentley Archer, business policy director for Columbia Gas. “I also think it would lead to a significant number of new frivolous lawsuits. I just think it’s not in the best interest of the commonwealth.” “The people are entitled to know all the facts that support the use of the power of eminent domain,” said Henry Howell, an eminent domain attorney representing property owners in Nelson and other counties.
News & Advance
It may be tougher for sneaky state lawmakers to tuck things into the budget bill after this year. Legislation from Republican Delegate John O’Bannon and Republican Sen. Ralph Smith would open up the budgeting process a little more by requiring special reports for any items tucked into the final budget bill for nonstate agencies, weren’t included in a general appropriation bill as passed by the House or Senate, or simply failed at some point along the lawmaking process. Think of it as taking a highlighter to anything slipped into the budget at the last minute. Plenty of people have worried about lawmakers “legislating through the budget,” O’Bannon said. The more transparency the better, said Megan Rhyne, executive director of the Virginia Coalition for Open Government. “The more comprehensive the information and the more advance notice that is given of the budget, the better it is for the public, the business community and the advocacy community,” she said. “All Virginians are entitled to know how funds are being spent and prioritized.”
Watchdog.org Virginia Bureau
Lawyers for the city of Richmond argued in court Thursday that documents about the departure of former top city official Byron C. Marshall are exempt from public disclosure because the city was looking to settle an employment dispute. The city attorneys didn’t reveal any new information about the nature of that dispute. But the public acknowledgement of a conflict, brought out as part of the city’s legal defense against a Freedom of Information Act lawsuit, raises more questions about the circumstances of the sudden exit last fall of the official who had overseen the city’s daily operations for five years. Perhaps the most interesting legal question arising from the suit is whether the confidentiality agreements signed by some City Council members can be withheld from public view under the city’s argument that they classify as personnel records and material covered by attorney-client privilege. Hall said the city “has a right to resolve separation disputes” confidentially. Biss countered that the city never clearly defined the attorney-client relationship it sought to invoke. The city hired an outside lawyer to oversee Marshall’s exit, and several council members refused to sign the agreement. Hall said the client is the entire city government, which includes the City Council. Biss argued that the city can’t simply invoke the privilege for anything involving lawyers.
Times-Dispatch
The new school superintendent will be paid $31,000 more than originally negotiated after a split School Board vote Thursday. Elie Bracy III will earn $215,000 in base pay when he starts next month. In December, the board unanimously approved a contract to hire Bracy for $184,000. The board voted on the contract before a legal review by attorney Sam Meekins, who consults the board when requested. Meekins described the first contract as more of a letter of intent. After the review, Meekins’ office noticed problems, so the board renegotiated terms related to health insurance and retirement benefits, he said. The board also negotiated housing and moving costs.
Virginian-Pilot
Hanover citizens are one step closer to being able to watch board of supervisors’ meetings from anywhere with Internet access. Jan. 20, the board’s rules committee chose to recommend that supervisors move forward with streaming their meetings on the web. County staff presented a $26,000 proposal to the committee last Tuesday, which included the cost of three cameras. stem would allow the public to see the meeting from different angles and to watch speakers while they’re talking. “It allows much more flexibility and smoother transitions from speakers,” said John Budesky, deputy county administrator. The total cost also includes hardware and installation, a board meeting operator and a planning commission operator. There would also be some maintenance cost for upkeep, which could total $4,000 each year. s decided that they would only recommend going ahead with streaming only board of supervisors’ meetings for now. They had originally planned on having live streams of the planning commission meetings too, but decided that’ll come later.
Herald-Progress
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