Transparency News 8/5/15

Wednesday, August 5, 2015

State and Local Stories


To fill an empty storefront is the constant ambition of this small town, which is trying to make a comeback from where it sits at the bottom of Purgatory Mountain. But the way Ken and Francine Bray have filled the front of their closed business — with signs that trash town hall — is not what the local leaders had in mind. “SHAME ON THE TOWN OF BUCHANAN,” one sign blares. “WHAT A DISGRACE!” a sign behind him shouted. In bold but neat lettering, most of the 16 signs accuse the town of refusing to issue business licenses or permits for Glow-A-Rama. The signs are a daily irritant to Buchanan’s officials and merchants, who are in the midst of a campaign to bring more business and vitality to the town. On July 17, the Buchanan Planning Commission voted unanimously to find the Brays in violation of the town’s sign ordinance. Bray sees the vote as a violation of something else — the First Amendment. “This is a political statement,” he said of his signs. Town Attorney Joe Obenshain, who has been advising Buchanan officials on the matter, said the infractions are based not on the content of the signs, but rather how they are displayed.
Roanoke Times

Shenandoah County Sheriff Timothy C. Carter and defense attorney David Downes are clashing again over attempts by Downes to obtain information about an undercover investigation into cigarette smuggling. Downes, who represents two New York City men arrested in the sting, attempted to give Carter a check for $6,460 on July 29 made payable to the Sheriff’s Office. The check was intended to cover the costs of meeting a Freedom of Information Act request Downes submitted under state law. Carter rejected the check and told Downes he should file a new FOIA request. Carter said in an interview that his refusal to accept the check complied with a court decision issued in May. Carter said the order allowed Downes 21 days to appeal the decision by Circuit Judge Dennis L. Hupp. Hupp’s decision denied Downes’ FOIA request on grounds he had not paid the Sheriff’s Office the estimated costs – $6,460 – for compiling and producing the documents being sought. Carter said Downes delivered the check well past the 21-day limit for filing an appeal of Hupp’s decision, which gave him no choice but to reject the check and continue denying Downes access to the investigation records.
Northern Virginia Daily

Culpeper Commonwealth's Attorney Megan Frederick committed civil battery when she grabbed county IT systems administrator Todd Frazier on the arm more than two years ago as he attempted to leave her office after elusively dismantling — at the sheriff's request — records management software from her secretary's computers, according to a written judgment issued Monday by Judge Charles Foley. Foley awarded Frazier $1,500 of a $25,000 claim, plus $61 in court costs. Attorney fees were not awarded. Frederick intends to appeal the decision to circuit court, and will request a jury.  The judge, in his order, described civil battery as touching "in a rude and offensive manner," but Foley did not completely exonerate Frazier. Frederick, "rightfully and justifiably, in the court's opinion became agitated and upset" upon learning that her office's access to digital police reports had been severed "prior to her receiving actual notice," Foley wrote.
Star-Exponent

It’s been almost 200 years since the last transaction was recorded in the Hance Store Ledger. Like any antique document, the ledger has deteriorated with time, losing its cover as the pages have worn over the rough course of two centuries. With the document’s mortality in mind, the Wilderness Road Regional Museum in Newbern is nominating the ledger to be recognized as one of the 10 most endangered artifacts in Virginia. The campaign was started by the Virginia Association of Museums to spread awareness about the importance of preserving artifacts in care at museums, libraries and archives throughout the commonwealth and Washington, D.C. The Hance Store Ledger is currently being cared for by the Wilderness Road Regional Museum, where it has been housed the museum’s founding in 1985.
Southwest Times


National Stories
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The U.S. District Court for the District of Idaho struck down Idaho’s “ag-gag” law, which criminalized undercover investigations in which animal cruelty was filmed and publicized. A coalition of animal right groups and activists challenged the law, and the Reporters Committee led a coalition of sixteen news organizations in filing an amicus brief in December, arguing that the law infringed on constitutionally protected newsgathering rights. The law, Idaho Code § 18-7042, created the new criminal felony offense of “interference with agricultural production,” which occurs when a person, among other things, entered an agricultural production facility by misrepresentation and made audio or video recordings of the facility’s operations. It was enacted in early 2014 after animal rights activists aired videos of workers using a tractor to drag cows with chains around their necks, while also beating and kicking them. Chief Judge B. Lynn Winmill condemned the law as an unconstitutional ban on valuable political speech on food and worker safety, which are matters of public concern.
Reporters Committee for Freedom of the Press

A U.S. appeals court will hear oral arguments on Dec. 4 in lawsuits that challenge the Federal Communications Commission’s “net neutrality” rules, which prevent broadband providers from blocking or slowing Internet traffic, the court said.
Reuters

Kansas State University — where a controversial $1.25 billion biosecurity lab facility is under construction — secretly faced federal sanctions last year after repeatedly violating safety regulations during its research with bioterror pathogens, records obtained by USA TODAY show. Kansas State’s “history of non-compliance” during four consecutive inspections over two years shows a “systemic problem” and has “raised serious concerns” about the university’s ability to put safeguards in place to ensure safety and containment of dangerous pathogens, according to a March 2014 letter to the university from federal lab regulators. After a series of high-profile accidents at federal labs, an ongoing USA TODAY Media Network investigation has uncovered hundreds of incidents at public and private research facilities across the country and revealed how the secrecy that surrounds the oversight of biological and select agent research shields failures by labs and regulators from public scrutiny.
USA TODAY

The FBI has begun looking into the security of Hillary Rodham Clinton’s private e-mail setup, contacting in the past week a Denver-based technology firm that helped manage the unusual system, according to two government officials. Also last week, the FBI contacted Clinton’s lawyer, David Ken­dall, with questions about the security of a thumb drive in his possession that contains copies of work e-mails Clinton sent during her time as secretary of state.
Washington Post

Editorials/Columns

With the news that Gov. Terry McAuliffe wants the rebel symbol gone, we wanted to know where the owners of the Confederate plates call home. Chesterfield has 111 such plates, our analysis showed. All it means is that Chesterfield has the most of any locality. It’s not a big number, given Chesterfield’s 300,000-plus population. And if you use a per-capita ranking, the rural counties dominate, with Prince George County at the top. The total number of Confederate license plates is 1,691. These are all facts. It’s also enterprise news. And they add to our reporting of the overall national issue. So, relax. Keep reading. Getting so exercised makes us wonder if there’s something else to report. We love Chesterfield.
Times-Dispatch

I’ll be watching carefully as this issue is brought before the court again. The issue here is whether there is sufficient evidence to prove that county officials acted illegally in calling a closed meeting to discuss personnel issues, and also forcing citizens out of the meeting without any evidence or ability to know about whether the county officials returned from executive session with the proper motions and documentation.
Only Other Shoe