William C. Flook, The Examiner:
The Metropolitan Washington Airports Authority, an interstate agency slated to take over the $4 billion extension of Metrorail to Dulles, says it is completely exempt from federal and state information disclosure laws.
The group, which oversees Dulles International and Reagan National Airports, claims its status as an “interstate compact” similar to Metro puts it outside the scope of the Freedom of Information Act, a law used by media and others to leverage records from public agencies. MWAA instead follows an internal policy in receiving and responding to requests for information, said spokeswoman Tara Hamilton.
“If people request information, following those guidelines, we will provide the information,” she said. “It’s our business practice to honor those guidelines.”
The claim of exemption from disclosure laws, along with MWAA’s unelected leadership, has raised eyebrows about the agency’s public transparency on the eve of the impending transfer of the 23-mile Dulles Corridor Metrorail Project and the Dulles Toll Road. Critics say the agency is ill suited to take the reins of such a massive public project.
“It simply reinforces our contention that the Airports Authority is too unaccountable to be given responsibility over the toll road, its revenues and the Dulles rail project,” said Stewart Schwartz, executive director of the D.C.-based Coalition for Smarter Growth.
The Airports Authority is now in negotiations with two private firms to design and construct the first phase of the rail. MWAA, once it fully takes control of the project from the commonwealth, plans to use toll revenues to fund the rail extension. A spokesman for Virginia Gov. Tim Kaine said the agreement is structured to “ensure an appropriate level of transparency.”
The transfer has prompted a lawsuit from two Northern Virginia residents.
MWAA’s assertion runs counter to the opinion of the Virginia Freedom of Information Advisory Council, a state legal entity that concluded in 2004 that MWAA is, in fact, subject to constraints of the law in Virginia.
“We are aware [of the opinion],” Hamilton said. “We disagree.”
Del. Robert Marshall, R-Manassas, has tried unsuccessfully in recent years to bring MWAA under Virginia’s Freedom of Information statutes.
MWAA is governed by a board appointed by Virginia and Maryland governors, the District’s mayor and the U.S. president. Its headquarters are in the District.
Jan 26, 2007