Transparency News, 2/8/2023

 

Wednesday
February 8, 2023

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Contact us at vcog@opengovva.org

 

state & local news stories

 

VCOG has announced its 2023 open government award winner:
Laura Mollo of Richlands.

Read about Laura here and register for VCOG’s annual conference on March 16 to join us in honoring her.

Circuit Court Judge Alfred Swersky announced Tuesday he plans to issue a formal opinion denying Citizens for Fauquier County’s request to obtain over 3,000 emails sent between town officials and Amazon representatives. The request is related to Amazon’s proposal to build a 220,000-square-foot, single-story data center in Warrenton at the intersection of Blackwell Road and Lee Highway behind Country Chevrolet. A vote on the proposal is expected Feb. 14. “For the reasons I expressed at the hearing held on January 25, 2023, the relief sought by the Petitioner will be denied,” he added. “I interpret the word ‘or’ in Title 2.2, Section 3705.7 to mean ‘and.’ The statute, if interpreted otherwise, would be confusing and without any guidance as to which party would get to choose which officer would be exempt, and there is an absence of any guidance to a court as to which officer would be exempt.” The nonprofit’s legal counsel, Michael Brady of Whiteford, Taylor & Preston, said in a brief to the court that the town misunderstood the meaning of the conjunction “or” in Virginia Code 2.2-3705.7. Town Attorney Martin Crim told Swersky he should dismiss the case because the nonprofit had “misinterpreted” the law, arguing the nonprofit had no basis for its position.
FauquierNow

In September 2022, the Virginia Department of Education adopted a new set of policies concerning transgender students and directed local school boards to follow them. VPM News reporter Ben Paviour filed a request under the Virginia Freedom of Information Act seeking all drafts of the transgender policies, as well as emails related to the drafts. In response, state education officials said they identified 90 responsive records, 87 of which they decided to withhold in full, including talking points regarding the policies shared in emails between advisors. Officials said they were withholding the 315 pages of records because they claimed they were protected from disclosure under a provision of the public records law that shields “working paper[s] and correspondence of the Office of the Governor.” On behalf of Paviour and VPM News, Reporters Committee attorneys filed a lawsuit against the Department of Education for failing to produce the requested records in violation of Virginia’s Freedom of Information Act.
Reporters Committee for Freedom of the Press

Blackstone’s new leader has labeled himself ‘The Enforcement Mayor,’ and he was put to the test at his first regular meeting of Town Council on Jan. 23rd. Lawrence Benjamin Green, who took the gavel Jan. 1st as the Town’s 21st Mayor, ruled Councilman Nathaniel Miller and Council President Eric Nash out of order after both men got into a brief verbal tussle over whether or not to expand a Town ditch improvement project on private property along North West Avenue. Moments earlier, Green had to blow the whistle on Miller for uttering a ‘barnyard epithet’ during a separate debate on whether or not to accept the only bid for a curb and gutter project in Miller’s ward.
Courier Record

The Prince William Board of County Supervisors will not be making changes to public comment procedures anytime soon. At Tuesday’s meeting, board Chair Ann Wheeler said discussion of potential changes is being abandoned for now. She said the decision came after discussing the procedures with other supervisors and because the board “has so much else going on.” Wheeler had proposed limiting public comment to one hour each in the afternoon and evening and limiting speakers to one public comment slot per month.
Inside NoVa

A recent decision by four town council members to appoint a council member to a two-year term without holding a special election — despite legal recommendations telling them to do otherwise — is now being challenged in court. Following the recent November election when Stanley Milan was elected as Mayor, his town council seat to which he was elected in 2020 became open for the remainder of the term through Dec. 31, 2024. At a Jan. 3 town council meeting, council members discussed the next steps for filling the opening and Ronald Rise Jr. was appointed to the seat. Rise – who came in fourth in the recent November election – ran with Milan’s slate which also included Councilwomen Mary “Boo” Bennett, who came in first with 18.44% of the vote, and Councilwoman Carol Luke came in third with 17.49%. Rise had 16.54%. Councilwoman Erin Rayner, not part of the slate, came in second with 17.61% of the vote. Rayner expressed concerns about the process for filling the seat and said that it had not been transparent, with she and Councilwoman Mary Jane Williams being left out of the decision-making process and questioned why the process was not open to other candidates.
Loudoun Times-Mirror

After lockdowns, a fatal, apparent drug overdose, a racist threat of gun violence, and additional threats and gun-related incidents — all within the past few weeks — parents and teachers say they want more information from Arlington Public Schools. But there’s a document floating around — outlining how School Board members should talk to the public, school staff, other board members and members of the media — that they say encourages the Board to be less transparent. June Prakash, the president of Arlington’s teachers union, the Arlington Education Association, bashed the document as part of her remarks outlining steps APS can take to improve school safety. The document, prepared by School Board Chair Reid Goldstein, was meant to serve as a discussion guide for a retreat a few weeks ago to onboard the newest member, Bethany Sutton. It tells members to: Avoid conversations about workplace conditions with staff members without appropriate union representatives present. “Err on the side of vague” when talking to the community. Officials should refer them to previous public discussions where possible and if none exists, say they’ll bring the issue to the rest of the Board. Tell the Chair if they “are contemplating” responding to press inquiries and instead let the School & Community Relations staff advise them.
ARLnow