Transparency News 12/18/14
State and Local Stories
A federal judge expressed unease Tuesday about court rules enabling documents in criminal cases to be filed without showing up on the court’s public electronic docket. “I have to tell you I’m concerned. ... I don’t see any reason that these things not be docketed,” said U.S. District Judge Robert E. Payne. Payne was referring to sealed documents not showing up as having been filed on the court’s Public Access to Court Electronic Records website. Tuesday’s hearing was the result of an objection by the Richmond Times-Dispatch to a request to close a Dec. 8 hearing related to the sentencing of Mohamed Mohamed, a Chesterfield County man convicted in a $20 million cigarette trafficking case. There had been no prior notice that the Dec. 8 hearing would be closed. Craig T. Merritt, a lawyer representing The Times-Dispatch, told Payne that the newspaper was not interested in wasting the court’s time if, in the interest of justice, there was a compelling reason the matter should be closed. The problem is the public has no idea why closure is being sought, Merritt said. “It just leaves us in a box from which we cannot escape.”
Times-Dispatch
All five reviews currently being conducted on the University of Virginia’s handling of sexual assault will be made public, university President Teresa A. Sullivan said Wednesday at a Faculty Senate meeting. After repeatedly ignoring questions about whether a review by international law firm O’Melveny & Myers — which was selected by state Attorney General Mark R. Herring — will be public once completed, Provost George Keith Martin said Wednesday it would. That review will focus on policies, practices and procedures rather than individual cases, university spokesman Anthony de Bruyn said.
Daily Progress
The Portsmouth School Board interviewed about a half dozen superintendent candidates in five closed meetings that were not announced to the public. Virginia's open meeting laws require public bodies to announce the time, date and location of each official gathering, even if the purpose of the meeting is to hold a closed session. The board must begin in an open session, then cite a legal exemption for the closed meeting, according to Virginia law. Chairman James Bridgeford acknowledged the unpublicized meetings after The Pilot asked about candidate interviews. "It's nothing we do in secret," Bridgeford said. "This is about bringing in the best person we can get in Portsmouth."
Virginian-Pilot
A passionate night of Richmond School Board politics has spilled out of City Hall, and two board members and an outspoken community activist will sort it out in front of a General District Court judge Dec. 29. One member and the activist, who was recently asked by school lawyers to stop saying he was leading a school task force, filed separate protective orders against another board member for things that allegedly happened during the board’s Dec. 8 meeting. Mamie Taylor, of the 5th District, asked for an emergency protective order against Kimberly Gray, of the 2nd District, for a heated exchange that took place during a closed session at the end of the board’s meeting. She filed for the order Dec. 12, four days after the meeting. When the order expired Dec. 15, Taylor sought and was granted a preliminary protective order, which is in place until a Dec. 29 court appearance. Charles Willis, who had been co-chairman of a school system diversity task force until the superintendent disbanded the group, also filed an emergency protective order last week and when that expired Dec. 12, he asked for and received a preliminary protective order against Gray.
Times-Dispatch
Pittsylvania County has lost a critical appeal in its legal battle with the ACLU of Virginia and county resident Barbara Hudson. The appeal, before the three-judge panel from the Court of Appeals for the Fourth Circuit, was considered late. In its decision Wednesday, the appellate court said Pittsylvania County’s appeal could not be considered because it was filed 145 days late. The county’s notice of appeal was due on April 26, 2013 — 30 days after the U.S. District Court’s March 26, 2013, ruling. The county’s attorney in the lawsuit, state Sen. Bill Stanley, R-Moneta, said he anticipated the court’s decision and the county will file a petition Friday in U.S. District Court asking the judge to lift his March 26, 2013, injunction, which barred the Pittsylvania County Board of Supervisors from holding sectarian prayers at the start of its meetings.
Register & Bee
The move to formalize a policy that would govern prayer invocations during Amherst Town Council meetings appears to be no more. Council member Kenneth Watts, a supporter for prayer invocation, said at last week’s meeting he would not bring a motion to pass a prayer ordinance. “It’s not our intent to force anybody to do anything,” Watts said. “In light of that, where I stand now is that I absolutely believe that we need prayer in this building. However, I think the proper place to come from is the citizens themselves.”
New Era Progress
2014 Statements of Economic Interest were due earlier this week, and you can download Gov. Terry McAuliffe's here. Let me know if you see something fascinating. McAuliffe reports, though, way fewer gifts than previous governors. That is not particularly surprising, given his administration's gift rules, and the fact that I know he reported fewer gifts because I sat in a courtroom watching federal prosecutors make Virginia's most recent former governor talk about his gift forms. McAuliffe's gifts list runs three pages. His wife's run less than a page. The governor continues to hold millions in bonds in various local government projects, as well as large holdings in the Virginia College Building Authority and Commonwealth Transportation bonds. He also owns less than $50,000 stock in Facebook.
Daily Press
National Stories
The Office of Government Information Services (within the National Archives and Records Administration) is looking to hire an attorney-advisory for its FOIA services. “The incumbent of this position serves as an Attorney-Advisor for the OGIS staff, and provides legal advice and services to the OGIS staff and other NARA staff with respect to questions, regulations, practices, or other matters falling within the purview of OGIS. The employee also assists with mediating disputes between FOIA requesters and Administrative agencies, assists the AOGIS Review team, and engages in outreach, training, and other public presentations. “USA Jobs
The town of South Pittsburg, Tenn., has just passed the best social media policy ever. At least, that’s what certain people have to say—because South Pittsburg has barred them from criticizing the town on social media. The town of 3,000 people, just west of Chattanooga, passed a resolution on Dec. 9 that applies to anyone professionally connected to South Pittsburg—including employees, volunteers, and contractors—from “publicly discuss[ing] information about other employees and/or volunteers not approved for public communication” on social media, according to the official resolution. It also warns against writing anything on a personal Facebook (FB) page or on Twitter (TWTR) that might be considered defamatory or libelous. People “should have no expectation of privacy whatsoever,” the policy states.
Governing
Editorials/Columns
Daily Press
An impressive list of citizens recently sought the open Waynesboro School Board spot created when Linda Schorsch Jones resigned to accept a judgeship. Eight candidates — including educators, active parents and business people — made themselves available, giving the school board a tough decision on appointing someone to hold the at-large seat until the next election. We thank all eight candidates who stepped up and made themselves available for an often thankless jobs. School board members have to grapple with educating our children while the state makes budget cuts on the backs of local K-12 systems. Board members’ work is important and sometimes stressful. But we have to ask: Where were some of these eight during the most recent school board elections in Waynesboro, when all the candidates ran unopposed? Last year, Staunton’s roster of City Council candidates was strong and overflowing, yet all the school board seats were uncontested. In Augusta County’s most recent school board elections, only one candidate had opposition.
News Leader
