Newsletter
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A stern rebuke: AO-15-03
In a June 18 opinion to Virginia Beach attorney Kevin Martingayle, the FOI Advisory Council used strong language to reproach the city of Virginia Beach for its handling of a city employee’s FOIA request seeking results of a work life survey.In an opinion earlier this year, the council said that the “Member Survey on Quality…
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FOI Advisory Council updates: recent opinions
Between January and June of 2003, the FOI Advisory Council issued 14 written advisory opinions. Among them: In AO-01-03, the council said that although the Allegheny Board of Supervisors could reach a tentative agreement about the purchase of land during a closed meeting, the actual purchase of the land was unauthorized because the board did…
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Whistle while you work? Not if you want to keep your job in Virginia
by Alison Ferland, VCOG 2003 summer intern This year the Virginia Fraud Against Taxpayers Act went into effect. That Act provides protection and job security, as well as financial compensation, to citizens who file suit on behalf of the government, and blow the whistle on acts of fraud against the state perpetrated by private companies…
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O’Neil: Reflections on the Coalition and its origins
An excerpt from outgoing president Bob O’Neil at VCOG’s 4th Annual Conference, Access 2002, on Nov. 15 in Richmond. . . A few of you may be aware that I assumed this position quite by accident. When the Coalition was being formed . . . several of us agreed to serve as the initial nominating…
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Coalition Bulletin Board
Web site: 8,568 pages viewed VCOG’s Web site averaged nearly 200 daily visitors in June.Page views totaled more than 8,500 in the same month, with a number of visitors from outside the U.S. Among the most popular pages are those featuring the text of the Virginia Freedom of Information Act, an overview of the act,…
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VCOG Guiding Principles
1. Privacy is best protected by strictly limiting government agencies to collection of data for which they have an absolute need and clearly articulated use; redaction must occur whenever a record contains non-public information, to ensure maximum dissemination of public information.2. While innovation by enforcement of intellectual property laws should be encouraged, no copyright or…
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Coalition reaffirms its guiding principles, sets priorities
The Coalition’s board of directors held a three-hour work session prior to its March 6 meeting at the Waterside Marriott to discuss organizational and advocacy issues. The board reaffirmed its commitment to its original guiding principles (see sidebar) and reached consensus on short-term and long-term priorities.The board was asked to vote on the five most…
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Defeated: A purpose test that served no good purpose
No-strings access has long been an underlying principle of Virginia’s 35-year-old Freedom of Information Act. In the ’03 legislature it almost fell by the wayside until Gov. Mark Warner intervened, and a lot of legislators had second thoughts.By a 21-19 vote, the state Senate tacked a “purpose of access” question onto an Internet privacy…
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List keeps growing: FOIA exemptions reach 118
Eight new discretionary exemptions got added to the state’s Freedom of Information Act on July 1 two for meetings, six for records.None of the eight significantly restricts previous access policy but that’s because most were tightened before getting a final OK from the General Assembly and Gov. Mark Warner. FOIA took its biggest…
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General Assembly notes: Virginia campaign-finance law gets near-failing grade
The public’s ability to access campaign finance information is very poor in nearly every state, according to a new study that grades the states on their campaign finance disclosure programs. Virginia got a D+, and was ranked 13th. The state got a good rating for its disclosure laws, despite a lack of independent auditing of…
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General Assembly notes: Don’t cripple the messenger
“You know when you control the information, you help control the destiny.”Republican Del. Leo Wardrup of Virginia Beach is a savvy politician, as his comments to reporters earlier this year suggest. But those words take on a more ominous ring when applied to Wardrup’s efforts to control information compiled by the Joint Legislative Audit and…
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General Assembly notes: It’s time for Republicans to open House caucuses
An editorial from the (Newport News) Daily PressUpdate: In early January, Attorney General Jerry Kilgore ruled that caucuses must be open when discussing votes and, presumably, other public business, but not when purely party matters are on the agenda. State government should be open, allowing the bright light of scrutiny and accountability to shine on…
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General Assembly notes: Barnie Day discovers a new House committee
A PAC set up by Speaker of the House Bill Howell got $25,000 from Southside Republican legislators Robert Hurt, Danny Marshall and Clarke Hogan.Asked about it, Howell told a Danville reporter, “I do know when the Committee on Committees is looking at different (House committee) slots, they’re going to say, Who’s helped us? Who’s a…
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FOIA keeps popping up in eavesdropping case
Edmund A. Matricardi III, the former executive director of the Virginia Republican Party, was fined $5,000 and sentenced to three years probation for his role in the GOP eavesdropping scandal. But the case didn’t end there.Matricardi’s Virginia law license was suspended following his guilty plea; a three-judge court later reinstated the license once his probation…
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Unchecked e-talk would gut accountability
E-mail meetings hurt open government in Virginia by Forrest “Frosty” Landon Reprinted from the Fredericksburg Free Lance-Star, Oct. 19, 2003.There’s an old saying that suggests if you’re not confused by a complicated issue, you’re clearly misinformed. The Fredericksburg City Council e-mail case, now headed to the Virginia Supreme Court, has a lot of folks confused—and…
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F’burg clerk creates e-mail archive
Prompted in part by the Beck v. Shelton case, and in part because of a massive FOIA request for more e-mails between Fredericksburg Mayor Bill Beck and some of his fellow council members, the Fredericksburg city clerk has begun archiving all of the council’s electronic messages for easy access by the public.During the course of…
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VCOG’s 5th annual conference worthy of historic setting
The Rotunda plays host to panels, speakers and awards on perfect fall day by Bill Atkinson The Virginia Coalition for Open Government held its fifth annual conference on access issues Nov. 15 at the historic Rotunda on the grounds of the University of Virginia. More than 20 panelists and speakers discussed FOIA’s 35th anniversary; the…
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F.O.I. Complaints
ACCOMACK The Accomack and Northampton boards of supervisors subsidize the Eastern Shore Railroad. Both boards are public bodies. The Accomack-Northampton Transportation District Commission oversees the funding. It’s also a public entity.The railroad might or might not be subject to FOIA, depending on how much public money it gets. But when it was time to…
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E-Government Briefs
Va.’s digital legislature ranked 8th in the nation Virginia’s legislature ranks eighth in the nation in its use of technology to keep citizens informed of legislative activity.Nevada has the most digitally advanced legislature, according to the 2003 Digital Legislatures Survey. In addition to good online information, it provides live broadcasts of interim committee meetings. Minnesota…
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Another bad FOIA bill we can expect in 2004
The leadership council of the State Bar is still resisting a FOI Advisory Council ruling that its list of licensed lawyers must be a public record.At a meeting in late fall, the council backed legislation to try to trump that part of the FOI law that mandates disclosure of any existing public-record database. In the…
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FOIA roadshows roll in September
The FOI Advisory Council held its annual statewide training workshops in September. Council staff held day-long events in Richlands, Roanoke, Weyer’s Cave, Virginia Beach, Richmond and Alexandria, attended by approximately 650 people. Attendees included state and local government employees and officials, law-enforcement personnel, citizens and media representatives.The workshops were approved for 5.5 hours of continuing…
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FOIAC subcommittees draft two bills for ’04
Two subcommittees of the Freedom of Information Advisory Council were formed at the June 2, 2003, council meeting.One, made up of council members Tom Moncure and John Edwards, was to explore the possibility of bringing the Sexually Violent Predators Commitment Review Committee back within the purview of FOIA. Legislation from 2003 wholly exempted the committee…
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FOI Advisory Council releases stats in annual report
In its annual report, the FOI Advisory Council detailed the number and types of requests for help asked of the council from December 2002 through November 2003. A draft of the report was made available at the council’s Dec. 1 meeting, though an official version, which will be given a Senate document number, will be…
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FOI Advisory Council Updates: Advisory Opinions
Since June 2003, the Freedom of Information Advisory Council issued more than a dozen opinions, including AO-12-03, in which the Newport News city manager’s office failed to respond to any of three requests made by the Newport News Chapter of the Southern Christian Leadership Conference asking for documents related to the public comment period at…
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Library of Virginia wants Public Records Act update
by Bill Atkinson A state subcommittee will recommend that Virginia look at revising the Public Records Act to codify a procedure for storing electronic records. The panel, which is studying overall operations of Virginia agencies, boards and commissions, will ask the 2004 General Assembly to authorize the study, which comes at the request of the…