Transparency News 1/24/17
Tuesday, January 24, 2017
State and Local Stories
State and Local Stories
It was a busy afternoon at the General Assembly. The Senate General Laws Committee heard eight FOIA bills.
The committee reported (advanced) three bills:
SB 1040 conforms now with HB 1539’s provision clarifying what’s meant by personal contact information in the exemption for such information given in exchange for receiving government email updates.
SB 1102 requires police to release records on unattended deaths to family members after the investigation is complete. (see story below)
SB 1128 creates a rebuttable presumption that a failure to respond to a FOIA request was made knowingly and willfully.
The committee defeated one bill:
SB 931 would have taken university presidents off the list of people who can use the working papers exemption.
And SB 1436, which would put university foundations under the definition of public body in FOIA, was sent to the Senate Finance Committee.
In other committees, the House Civil Law subcommittee defeated HB 1794, which would have required the Office of Executive Secretary to operate and maintain a case management system that could be searched across localities and be made available in bulk to the public. The subcommittee said there was no money in the budget for an upgrade that nonetheless needs to happen. Subcommittee chair, Del. Greg Habeeb, said it was “crazy how far behind” the case management system is. VCOG testified in support of the bill. (see story below)
Meanwhile, the House Criminal Law subcommittee reheard a bill (HB 1546) that would have restricted access to juror names and addresses. The patron proposed a substitute based on a California statute, but the committee tabled the bill on an unrecorded voice vote. VCOG testified in opposition to the bill.
Parents like those of a Navy lieutenant who wanted to see why Virginia Beach police thought their son committed suicide should get a chance to see records investigators routinely refuse to release, a state Senate committee decided Monday. Legislation, SB 1102, saying records of closed investigations of unattended deaths were not exempt from the state Freedom of Information Act sailed through the Senate General Laws committee on a 15-0 vote.
Daily Press
Legislation meant to open up court records that the Daily Press has tried to pry loose with a lawsuit went down at the Virginia legislature Monday. A separate bill, which would make much of the same information part of a publicly searchable statewide database, remains alive. But legislators say there's little chance the state will cover a nearly $1.3 million price tag that the court system's Office of the Executive Secretary has said it would need to implement that bill.
Daily Press
The first substantial meetings of the new year will be held this week for elected leaders in Chesterfield County, but changes in the way the meetings are structured have raised concerns about how they might affect public participation. For the Board of Supervisors, all voting decisions now will be made during the 6 p.m. session held in the Public Meeting Room in the county government complex off Iron Bridge Road, where more citizens typically are able to attend. Several supervisors said the change was made to increase transparency. “That allows for greater accountability to the board,” Supervisor Chris Winslow said. But the change also means the board’s 3 p.m. session likely will be held in a smaller conference room in another building within the government complex. The smaller conference room isn’t equipped for audio or video recording, unlike the public meeting room. No votes will be taken during that session, but the discussions then often are in-depth and detail-oriented.
Richmond Times-Dispatch
Two words in a new Virginia Beach School Board member’s biography have sparked a debate with the chairwoman. When Victoria Manning wrote her biography that appears on the division’s website, she said she had formed a group “opposed to” grading practices in secondary schools. Objection to the grading policy was one of Manning’s main campaign themes when she won election in November. A few days after she became board chairwoman earlier this month, Beverly Anderson directed the wording in Manning’s biography to say she had formed a group “focused on” the grading practices. Manning argues that board policy does not give the chairperson authority to make changes on his or her own. She campaigned on bringing more transparency to the board and doesn’t think making a change without public discussion is being open.
Virginian-Pilot
National Stories
The Tennessee Office of Open Records Counsel has published a new model public records policy that can be used by government entities in establishing records policies, which are required by law this year. A new law mandates that all government entities in the state establish a public records policy by July 1, 2017. The policies must include the name of entity’s public records request coordinator and include information about requesting public records and any fees.
Tennessee Coalition for Open Government
A bipartisan pair of Washington lawmakers working on public disclosure legislation say they are trying to strike a balance between keeping the public informed and managing the costs of responding to records requests. Rep. Terry Nealey, R-Dayton, and Rep. Joan McBride, D-Kirkland, are working on proposals to help government officials recoup more of their expenses while also discouraging massive requests that can cripple a city’s or county’s ability to respond. The efforts come as some local government agencies claim fulfilling public records requests has become too burdensome. Public disclosure advocates maintain the law is indispensable for government transparency.
The News Tribune
The committee reported (advanced) three bills:
SB 1040 conforms now with HB 1539’s provision clarifying what’s meant by personal contact information in the exemption for such information given in exchange for receiving government email updates.
SB 1102 requires police to release records on unattended deaths to family members after the investigation is complete. (see story below)
SB 1128 creates a rebuttable presumption that a failure to respond to a FOIA request was made knowingly and willfully.
The committee defeated one bill:
SB 931 would have taken university presidents off the list of people who can use the working papers exemption.
And SB 1436, which would put university foundations under the definition of public body in FOIA, was sent to the Senate Finance Committee.
In other committees, the House Civil Law subcommittee defeated HB 1794, which would have required the Office of Executive Secretary to operate and maintain a case management system that could be searched across localities and be made available in bulk to the public. The subcommittee said there was no money in the budget for an upgrade that nonetheless needs to happen. Subcommittee chair, Del. Greg Habeeb, said it was “crazy how far behind” the case management system is. VCOG testified in support of the bill. (see story below)
Meanwhile, the House Criminal Law subcommittee reheard a bill (HB 1546) that would have restricted access to juror names and addresses. The patron proposed a substitute based on a California statute, but the committee tabled the bill on an unrecorded voice vote. VCOG testified in opposition to the bill.
Parents like those of a Navy lieutenant who wanted to see why Virginia Beach police thought their son committed suicide should get a chance to see records investigators routinely refuse to release, a state Senate committee decided Monday. Legislation, SB 1102, saying records of closed investigations of unattended deaths were not exempt from the state Freedom of Information Act sailed through the Senate General Laws committee on a 15-0 vote.
Daily Press
Legislation meant to open up court records that the Daily Press has tried to pry loose with a lawsuit went down at the Virginia legislature Monday. A separate bill, which would make much of the same information part of a publicly searchable statewide database, remains alive. But legislators say there's little chance the state will cover a nearly $1.3 million price tag that the court system's Office of the Executive Secretary has said it would need to implement that bill.
Daily Press
The first substantial meetings of the new year will be held this week for elected leaders in Chesterfield County, but changes in the way the meetings are structured have raised concerns about how they might affect public participation. For the Board of Supervisors, all voting decisions now will be made during the 6 p.m. session held in the Public Meeting Room in the county government complex off Iron Bridge Road, where more citizens typically are able to attend. Several supervisors said the change was made to increase transparency. “That allows for greater accountability to the board,” Supervisor Chris Winslow said. But the change also means the board’s 3 p.m. session likely will be held in a smaller conference room in another building within the government complex. The smaller conference room isn’t equipped for audio or video recording, unlike the public meeting room. No votes will be taken during that session, but the discussions then often are in-depth and detail-oriented.
Richmond Times-Dispatch
Two words in a new Virginia Beach School Board member’s biography have sparked a debate with the chairwoman. When Victoria Manning wrote her biography that appears on the division’s website, she said she had formed a group “opposed to” grading practices in secondary schools. Objection to the grading policy was one of Manning’s main campaign themes when she won election in November. A few days after she became board chairwoman earlier this month, Beverly Anderson directed the wording in Manning’s biography to say she had formed a group “focused on” the grading practices. Manning argues that board policy does not give the chairperson authority to make changes on his or her own. She campaigned on bringing more transparency to the board and doesn’t think making a change without public discussion is being open.
Virginian-Pilot
National Stories
The Tennessee Office of Open Records Counsel has published a new model public records policy that can be used by government entities in establishing records policies, which are required by law this year. A new law mandates that all government entities in the state establish a public records policy by July 1, 2017. The policies must include the name of entity’s public records request coordinator and include information about requesting public records and any fees.
Tennessee Coalition for Open Government
A bipartisan pair of Washington lawmakers working on public disclosure legislation say they are trying to strike a balance between keeping the public informed and managing the costs of responding to records requests. Rep. Terry Nealey, R-Dayton, and Rep. Joan McBride, D-Kirkland, are working on proposals to help government officials recoup more of their expenses while also discouraging massive requests that can cripple a city’s or county’s ability to respond. The efforts come as some local government agencies claim fulfilling public records requests has become too burdensome. Public disclosure advocates maintain the law is indispensable for government transparency.
The News Tribune
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