Transparency News 12/8/15
Tuesday, December 8, 2015
State and Local Stories
HB61, Del. Rick Morris
Provides that in addition to the civil enforcement provisions of the Virginia Freedom of Information Act (FOIA), any officer, employee, or member of a public body who, without legal excuse or justification, deliberately, willfully, and knowingly violates certain FOIA provisions is guilty of a Class 1 misdemeanor.
Newport News City Councilwoman Sharon Scott is suing to overturn last month's special election for circuit court clerk, which she lost by more than 2,100 votes, or 8.4 percent of votes cast. Scott alleges that Gary Anderson, who won the election, was not really a resident of Newport News, and claims the election was not conducted properly. Anderson moved to a Newport News apartment months before longtime clerk Rex Davis retired on June 1 and before filing his petition to run for the office, but also owns a house in York County. Scott's suit said the apartment is not his bona fide residence. Scott also says that the voting machines used in the election were not properly tested, and that there is a chance that voting machines and poll books could have been tampered with before Election Day.
Daily Press
Richmond Planning Commission Chairman Rodney Poole called for reform of the way officials manage unsolicited offers for city-owned property during a commission meeting Monday. “The acceptance of unsolicited offers has caused this commission confusion three times in the past 18 months,” Poole said. “It is, I believe, flawed methodology that causes confusion for both the people who want to buy property from the city and for the staff as to how to present it and particularly for the commission,” Poole said.
Richmond Times-Dispatch
The Hampton Veterans Affairs Medical Center mishandled 21 percent of patient travel vouchers reviewed by the VA’s Office of Inspector General, according to a report released Monday. The travel program reimburses eligible veterans and other beneficiaries for mileage , public transportation or special transportation such as a van that can accommodate a wheelchair for travel to and from VA health care centers or approved non-VA sites. “Generally, we found staff inappropriately approved vouchers for beneficiaries who were ineligible, did not complete qualifying appointments, did not provide required receipts, and did not claim reimbursements within 30 days of travel because (Beneficiary Travel program) management did not ensure staff completed formal training,” the report says.
Virginian-Pilot
An over six-month showdown between Petersburg and Sheriff’s Office has finally come to an end. The lawsuit that the city had filed against Sheriff Vanessa Crawford on Aug. 6 was officially dismissed Nov. 19 from the Petersburg Circuit Court. The initial complaint said the city alleged Crawford of refusing to turn over four city-owned vehicles and hiding them, refusing to turn over the keys to 11 other city-owned vehicles and ignoring the city’s request that she complete paperwork regarding her use of city-owned vehicles. In turn, the city asked a judge to require Crawford to immediately turn over all vehicles and keys that were in the subject in the complaint or pay the city $30,751 to include the city’s cost and fees including attorney’s fees. City Attorney Brian Telfair said the four missing vehicles and the 11 missing keys that were originally outlined in the complaint are now in the city’s possession.
Progress-Index
National Stories
Maryland's attorney general is now hiring an ombudsman to mediate disputes over access to public information, a post that was created by lawmakers but had been unfilled. The Board of Public Works voted Wednesday, without discussion, to authorize money for the job. The legislature created the job in the biggest rewrite of Maryland public records laws in 45 years, but it has sat vacant since the law took effect Oct. 1 because the post had to be approved by Gov. Larry Hogan's administration. On Thursday, Maryland Attorney General Brian E. Frosh put up a job listing seeking an attorney with "substantial experience" with state and federal public records laws.
Baltimore Sun
In an advisory opinion last week, Atkansas Attorney General Leslie Rutledge addressed a question about the Arkansas Freedom of Information Act that the attorney general’s office had never been asked before, and her answer has drawn some criticism. The question, posed by state Sen. Jeremy Hutchinson, R-Benton, concerned what constitutes “storage” when it comes to digital files on a computer or cell phone. The Arkansas Freedom of Information Act states that “if a public record is in active use or storage and, therefore, not available at the time the citizen asks to examine it, the custodian shall certify this fact in writing to the applicant and set a date and hour within three working days at which time the record will be available for the exercise of the right given by this chapter.” Rutledge said in her opinion that there is no previous attorney general’s opinion and no case law to answer the question of whether digital files are considered to be in storage. Therefore, she said, the term “storage” must be understood in its ordinary, commonsense meaning, as “the action or method of storing something for future use.”
Arkansas News
State and Local Stories
HB61, Del. Rick Morris
Provides that in addition to the civil enforcement provisions of the Virginia Freedom of Information Act (FOIA), any officer, employee, or member of a public body who, without legal excuse or justification, deliberately, willfully, and knowingly violates certain FOIA provisions is guilty of a Class 1 misdemeanor.
Newport News City Councilwoman Sharon Scott is suing to overturn last month's special election for circuit court clerk, which she lost by more than 2,100 votes, or 8.4 percent of votes cast. Scott alleges that Gary Anderson, who won the election, was not really a resident of Newport News, and claims the election was not conducted properly. Anderson moved to a Newport News apartment months before longtime clerk Rex Davis retired on June 1 and before filing his petition to run for the office, but also owns a house in York County. Scott's suit said the apartment is not his bona fide residence. Scott also says that the voting machines used in the election were not properly tested, and that there is a chance that voting machines and poll books could have been tampered with before Election Day.
Daily Press
Richmond Planning Commission Chairman Rodney Poole called for reform of the way officials manage unsolicited offers for city-owned property during a commission meeting Monday. “The acceptance of unsolicited offers has caused this commission confusion three times in the past 18 months,” Poole said. “It is, I believe, flawed methodology that causes confusion for both the people who want to buy property from the city and for the staff as to how to present it and particularly for the commission,” Poole said.
Richmond Times-Dispatch
The Hampton Veterans Affairs Medical Center mishandled 21 percent of patient travel vouchers reviewed by the VA’s Office of Inspector General, according to a report released Monday. The travel program reimburses eligible veterans and other beneficiaries for mileage , public transportation or special transportation such as a van that can accommodate a wheelchair for travel to and from VA health care centers or approved non-VA sites. “Generally, we found staff inappropriately approved vouchers for beneficiaries who were ineligible, did not complete qualifying appointments, did not provide required receipts, and did not claim reimbursements within 30 days of travel because (Beneficiary Travel program) management did not ensure staff completed formal training,” the report says.
Virginian-Pilot
An over six-month showdown between Petersburg and Sheriff’s Office has finally come to an end. The lawsuit that the city had filed against Sheriff Vanessa Crawford on Aug. 6 was officially dismissed Nov. 19 from the Petersburg Circuit Court. The initial complaint said the city alleged Crawford of refusing to turn over four city-owned vehicles and hiding them, refusing to turn over the keys to 11 other city-owned vehicles and ignoring the city’s request that she complete paperwork regarding her use of city-owned vehicles. In turn, the city asked a judge to require Crawford to immediately turn over all vehicles and keys that were in the subject in the complaint or pay the city $30,751 to include the city’s cost and fees including attorney’s fees. City Attorney Brian Telfair said the four missing vehicles and the 11 missing keys that were originally outlined in the complaint are now in the city’s possession.
Progress-Index
National Stories
Maryland's attorney general is now hiring an ombudsman to mediate disputes over access to public information, a post that was created by lawmakers but had been unfilled. The Board of Public Works voted Wednesday, without discussion, to authorize money for the job. The legislature created the job in the biggest rewrite of Maryland public records laws in 45 years, but it has sat vacant since the law took effect Oct. 1 because the post had to be approved by Gov. Larry Hogan's administration. On Thursday, Maryland Attorney General Brian E. Frosh put up a job listing seeking an attorney with "substantial experience" with state and federal public records laws.
Baltimore Sun
In an advisory opinion last week, Atkansas Attorney General Leslie Rutledge addressed a question about the Arkansas Freedom of Information Act that the attorney general’s office had never been asked before, and her answer has drawn some criticism. The question, posed by state Sen. Jeremy Hutchinson, R-Benton, concerned what constitutes “storage” when it comes to digital files on a computer or cell phone. The Arkansas Freedom of Information Act states that “if a public record is in active use or storage and, therefore, not available at the time the citizen asks to examine it, the custodian shall certify this fact in writing to the applicant and set a date and hour within three working days at which time the record will be available for the exercise of the right given by this chapter.” Rutledge said in her opinion that there is no previous attorney general’s opinion and no case law to answer the question of whether digital files are considered to be in storage. Therefore, she said, the term “storage” must be understood in its ordinary, commonsense meaning, as “the action or method of storing something for future use.”
Arkansas News
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