Transparency News 1/18/18

 
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Thursday
January 18, 2018
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state & local news stories
quote_1.jpgFollow the bills we follow on VCOG annual legislative chart.
In addition to our annual legislative chart, you can also track VCOG bills on our Richmond Sunlight profile.

There you'll find the bills other organizations are tracking. You'll also be able to add comments to bills you're interested in and read comments others have made.

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On Tuesday, the Reporters Committee for Freedom of the Press opposed the efforts of the City of Charlottesville and two Virginia agencies to dismiss a lawsuit seeking police safety and operations plans for the “Unite the Right” rally that took place in Charlottesville, Va. on Aug. 12. The Reporters Committee is representing freelance journalists Natalie Jacobsen and Jackson Landers in the lawsuit. The journalists sued the City of Charlottesville, the Department of State Police, and the Office of the Secretary of Public Safety and Homeland Security for access to the plans after the agencies denied requests for them under the Virginia Freedom of Information Act (FOIA) in their entirety. The case is currently before the Charlottesville Circuit Court.
Reporters Committee for Freedom of the Press

Prince William County School Board Chairman Ryan Sawyers struck out in court in his bid to get access to his predecessor’s emails — now, he’s chosen a slightly different tactic to try and see that correspondence. Sawyers says he informed the board Wednesday that he plans to call a vote on a directive to Superintendent Steve Walts, which would compel him to provide each board member full access to any email sent or received by any previous occupant of their office.
InsideNoVa
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stories of national interest
The public will not get to see certain documents and testimony obtained in an Illinois lawsuit related to the hush-money deal involving former U.S. House Speaker Dennis Hastert. Kendall County Circuit Judge Robert Pilmer agreed to a protective order on Wednesday, a day before a hearing was scheduled on the matter. The order, which had the backing of Hastert's lawyers and the plaintiff, pertains mostly to medical, financial, employment or other "litigation material." Kristi Browne, attorney for the plaintiff, said such arrangements are not unusual, especially when the plaintiff is a sexual abuse victim and the discovery documents include sensitive information.
McClatchy

Can a federal court decide whether the White House is breaking presidential record-keeping laws, such as by using encrypted apps that automatically erase messages once they’re read or issuing executive orders to avoid creating a paper trail accessible to the public? Government attorneys told a federal judge Wednesday in Washington that the answer is a sweeping “no,” in a case that could help determine whether open-government laws are keeping pace with frontiers in communications technology. Seeking to dismiss a lawsuit from watchdog groups against the Trump administration, Justice Department attorney Steven A. Myers cited the Presidential Records Act of 1978. The law was passed in the wake of Richard M. Nixon’s Watergate scandal in part to preserve vital evidence for criminal investigations. In two appeals court decisions from 1993 — the last time similar questions were tested — judges had no trouble ruling that the records law encompassed the exploding use of email. But judges found that permitting private parties to sue under the law would upset “Congress’s carefully crafted balance” that allows presidents to control the “creation, management, and disposal” of their records while in office, Myers said. “Courts cannot review the president’s compliance with the Presidential Records Act,” he said.
The Washington Post
 
quote_2.jpg“'Courts cannot review the president’s compliance with the Presidential Records Act,' he said."
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editorials & columns
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"For all its talk of equity on a grand philosophical scale, council had failed to practice equity with its constituents — failed to treat them fairly as partners in the process of governance."
First things first: State Sen. Richard Stuart, R-Montross, should resign his position as vice-chair of our commonwealth’s Freedom of Information Act Council. Actually, he should resign his seat on the council altogether. We could have made this call much earlier than this, considering the senator's lack of attention to a council that is supposed to be a defender of government transparency and accountability. But the larger reason that the senator needs to step down is not his indifference for the council, but rather, his apparent lack of regard for the Freedom of Information Act itself. This is reflected in legislation Sen. Stuart filed last week that would shield Virginia’s judiciary system from the state law that guarantees the public right to see the records of government and attend the meetings of its decision-making bodies.
Daily Press

little more than half the states in America prohibit members of the legislature from holding other public employment. Whether Virginia does so depends on whom you ask. Dawn Adams, a freshman delegate who beat Manoli Loupassi in November, asked state human-resources officials and the attorney general’s office, and they decided she could keep her job with the Department of Behavioral Health and Development Services.
Richmond Times-Dispatch

If you’re trying to find the best way to invest money – and avoid pitfalls – you’d go ask folks on Wall Street. Maybe your farm isn’t yielding the amount of crops that it could. A trip to your cooperative extension service might do the trick. Or perhaps your child is struggling in the classroom; wouldn’t parents find a tutor to help? You get the point. So it makes me skeptical of federal officials about their approach to collecting comments on drilling for gas and oil off Virginia and North Carolina. As The Pilot’s Dave Mayfield reported, the U.S. Bureau of Ocean Energy Management scheduled public meetings for both states far away from the people most affected if big rigs are erected. The first was scheduled for Wednesday in Richmond, before the meeting was postponed because of the expected snow. North Carolina’s will be in Raleigh late next month. Now, I wouldn’t go to communities on Virginia’s Eastern Shore to find out about life in a heavily populous, inner city. (No offense to Accomack and Northampton counties.) Why, then, are the feds hosting discussions in Richmond – about two hours from the ocean?
Roger Chesley, The Virginian-Pilot

We like the way City Council’s thinking. Charlottesville’s governing body is considering adding ways to help residents share their opinions with their leaders. That kind of listening mode has been sorely lacking during the past couple of years. Two years ago, council imposed stringent rules on public input at council meetings, including time limits on speakers and efforts to direct more comments into behind-the-scenes emails. As a practical matter, restrictions limited the amount of feedback councilors received, when that feedback might have revealed the depth and direction of residents’ feelings. But perhaps more importantly, the restrictions made many residents believe that their input was unwanted. They felt ignored, patronized, marginalized. In sum: For all its talk of equity on a grand philosophical scale, council had failed to practice equity with its constituents — failed to treat them fairly as partners in the process of governance.
The Daily Progress

 

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