Transparency News 1/9/18

 
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Tuesday
January 9, 2018
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state & local news stories
quote_1.jpgFollow the bills we follow on our annual legislative chart.
HB504 - Mullin: Defines "custodian," for purposes of the Virginia Freedom of Information Act, as a public body or its officers, employees, or agents who (i) have prepared or (ii) own or are in possession of a public record. The bill allows for more than one custodian per record.

HB531 - Habeeb: Removes the provision that prevents the Workers' Compensation Commission from aggregating proof of coverage information filed with the Commission by an insurance carrier or rate service organization on behalf of an employer with the proof of coverage information filed by or on behalf of other employers.

HB532 - Freitas: Eliminates the licensure requirement for growing industrial hemp and allows any person to sell industrial hemp. The bill directs the Commissioner of Agriculture and Consumer Services (the Commissioner) to establish a registration system for participants in an industrial hemp research program, with each registration valid for two years and costing no more than $45. The bill provides that records and information submitted in support of a registration application shall be considered proprietary and confidential, requiring the Commissioner to provide information about an individual registrant to certain law-enforcement agencies in certain circumstances.

HB 566 - Gooditis: Requires the Virginia Conflict of Interest and Ethics Advisory Council to conduct an annual inspection of a random sample of disclosure statements filed with the Council to determine compliance with applicable disclosure requirements and limitations on gifts, the accuracy of information disclosed, and whether filing deadlines were met. The bill requires such random sample to include the disclosure forms of (i) one member of the House of Delegates and one Senator and (ii) one percent of all state officers and employees and one percent of all lobbyists who file such forms.
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stories of national interest
The U.S. Forest Service was not legally obligated under the Freedom of Information Act to cough up to an environmental group land swap agreement documents that were held by third-party contractors and never seen by the agency, the Tenth Circuit ruled Friday. Although the disputed documents were created as part of contractual work for the Forest Service, they were neither created by nor used by the agency, and therefore were not “agency records” required to be provided to Rocky Mountain Wild Inc., a three-judge panel ruled.
Law 360

President Trump's decision last week to pull the plug on his troubled voter fraud commission was partly the result of Maine Secretary of State Matthew Dunlap's effort to force the body to behave in a transparent and bipartisan manner, a struggle that gained intensity Saturday, when Dunlap learned the administration would not be turning over working documents to him as a federal judge had ordered.
Governing

 
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"...they were neither created by nor used by the agency, and therefore were not 'agency records'."
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editorials & columns
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"It will become a little bit easier for citizens to keep an eye on what their government and their elected officials are doing."
Beginning with the 2018 Assembly session that kicks off Wednesday, it will become a little bit easier for citizens to keep an eye on what their government and their elected officials are doing: The commonwealth finally will begin live streaming of all floor sessions of the state Senate and the House of Delegates and all committee meetings, in addition to archiving the video for posterity. But there’s a catch: Neither chamber will film, broadcast or archive the proceedings of the various committee’s subcommittees. And it’s at the subcommittee level, on unrecorded votes on the House side, that hundreds of bills are killed. ProgressVA, though, will be broadcasting subcommittee hearings, a move we hope will spur the Assembly to film, broadcast and archive those meetings in the future.
The News & Advance

Jack Eugene Turner got angry with some black neighbors in Franklin County, so he tied a noose and hung an effigy of a black man from a tree in his front yard. Virginia law prohibits displaying a noose in a public place to intimidate others. Turner was convicted of doing so. He is now appealing to the Virginia Supreme Court, arguing that his right to free speech was violated — and that anyway the law doesn’t apply to him because his yard is private property, not public property. Note what he does not argue: that the noose was not meant to intimidate. He plainly meant it as a threat. And that’s about all that matters here. If Turner had displayed some other alarming symbol, such as a swastika or the flag of ISIS, he could argue that he was simply expressing his political preferences. That’s protected speech. If he tied a noose to show to students in a class he was teaching on civil rights, that also would be protected speech. But in the context of his personal dispute — not to mention a couple of centuries of stomach-turning racial violence — the noose was a clear and unambiguous threat against easily identifiable individuals. And the First Amendment doesn’t protect violent threats.
Richmond Times-Dispatch

The decision to elect Gerald Garber of the Augusta County Board of Supervisors' Middle River District as chairman and Carolyn Bragg of the South River District as vice chairwoman broke with the ill-serving custom of blindly rotating board leadership. The old system, which likened the chairmanship to a participation trophy earned through longevity, didn't serve the county well. It forced the board to veer from one supervisor's pet issues one year to a different supervisor's the next. And it ignored whether a supervisor was capable of leading anything more complex and consequential than a rousing chorus of "Happy Birthday." Damage by commission and omission resulted. Now, if this change sticks, the county board leadership will be something closer to a meritocracy. If supervisors ever again give the reins to someone ill-suited to the task, they'll not be able to blame a lame rotation scheme. They'll have themselves to blame and should be held accountable by voters for the gaffe.
News Leader

 

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