Transparency News 10/15/15
State and Local Stories
Much debate has ensued recently regarding Christiansburg High School and the Confederate flag – and this week the ACLU of Virginia officially entered the discussion. A letter from the organization's executive director, Claire Guthrie Gastanaga, was sent to Christiansburg High School principal Kevin Siers on Tuesday requesting the "precise rationale" for the school's ban Confederate symbols in the school's dress code and in the parking lot. "It is important to understand that the school must have a reasonable basis for forecasting disruption for each of its policies that limit student free speech," Gastanaga wrote.
Roanoke Times
The Virginia State Board of Elections launched its new online Citizen Portal Wednesday morning. Registered voters can apply for an absentee ballot using their Virginia Department of Motor Vehicles credentials, according to a release from Gov. Terry McAuliffe’s office. Voters without DMVNow credentials also can apply for an absentee ballot, but they must print out the completed application to bring to their local registrar’s office. The portal also allows voters to view and update their information, and see what is on their local ballot for the Nov. 3 election. The last day to request an absentee ballot by mail is Oct. 27, and the last day to vote absentee in person is Oct. 31. The new Citizen Portal can be accessed from the board’s website at elections.virginia.gov.
Daily News Record
A panel examining the practices of the Fairfax County Police Department following the shooting of an unarmed Springfield man has recommended broad changes, including greater transparency, more measured use-of-force policies and a civilian review panel. The recommendations are contained in the 197-page final report of the Ad Hoc Police Practices Review Commission, which has spent the past six months looking at how the department deploys force, trains its officers and communicates with the public. The recommendations that probably will produce the most friction are to create an independent police auditor to ensure that internal investigations of police use-of-force cases are impartial, and a citizens review panel to field complaints from the public about abuse of authority or serious misconduct by police. When it comes to communicating with the public, the commission recommended a policy of “maximum disclosure, minimum delay” for the department. The commission called for sharing the names of officers involved in shootings within a week, unless there are extenuating circumstances, and making available all video of an incident upon a Freedom of Information Act request.
Washington Post
National Stories
The State Department has offered positions to about half of the 50 personnel Secretary of State John Kerry has promised to hire for the swamped agency office that handles Freedom of Information Act requests, but only three staffers have been formally transferred thus far, according to a new court filing. The submission Tuesday night said the request for help last month drew 84 applications and resulted in 23 offers, all but one of which were accepted. However, of the three employees who started recently, only one is actually reviewing FOIA requests. The other two were sent to work on Congressional document production "with the intent that they will free two more experienced reviewers to move to the...FOIA Litigation and Appeals Branch once the new hires are trained," State official John Hackett wrote in the declaration filed in U.S. District Court.
Politico
A judge on Tuesday dismissed a complaint by Little Rock's Metropolitan Housing Alliance against the Arkansas Democrat-Gazette seeking a declaratory judgment in a dispute with the newspaper over document requests. Pulaski County Circuit Judge Chris Piazza granted a motion by the newspaper's attorneys to dismiss the complaint during an afternoon hearing. The complaint, filed June 24, asked for a declaratory judgment resolving differences between the housing alliance and the newspaper in interpreting the Arkansas Freedom of Information Act. "Arkansas law does not permit a state agency like [Metropolitan Housing Alliance] to bring a declaratory judgment action against a FOIA requester," the motion stated. "To do so would be contrary to, and would completely undermine the FOIA." After an approximately 40-minute hearing, Piazza agreed with attorneys representing the newspaper and dismissed the complaint.
Arkansas Democrat-Gazette
The recent Cyber Dust secret text messaging scandal at the Fresno Unified School District is exposing gaps in California’s public records law. The app allows users to send confidential text messages that are deleted as soon as they are read. Superintendent Michael Hanson has admitted he asked senior members of his staff to use the app for district business for a short time in 2014. Now open government advocates are asking a big question: Are we entering a new age of government officials using technology to hide from public scrutiny?
KVPR
The issue of ballot selfies reached the federal court in August when the American Civil Liberties Union of Indiana filed a lawsuit that says the new law, which took effect in July, is unconstitutional because it violates free speech rights. The ACLU of Indiana is asking U.S. District Judge Sarah Evans Barker to issue an order that would prevent state officials from enforcing the law next month — and until the lawsuit reaches a resolution.
In a hearing Tuesday, Barker seemed critical of the law, pressing the state’s attorney to explain what justifies punishing voters for taking harmless photographs.
USA TODAY
Editorials/Columns
SCENE: The reception area of a fictional office in downtown Roanoke, where you’re a fly on the wall.
Ring! Ring!
RECEPTIONIST: Good morning, Hide-A-Settlement Inc. How may we help you?
CALLER: This is (name inaudible) from Acme Healthcare Corp. We’ve just agreed to settle a lawsuit filed here in Roanoke against one of our hospitals. And we don’t want the nosy media finding out.
RECEPTIONIST: Very well, sir. I’ll transfer you to our news-burying crew.
Dan Casey, Roanoke Times
