Transparency News 7/20/18

 

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Friday
July 20, 2018

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state & local news stories

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"Copies of the reports will only be distributed as 'confidential working papers' to the governor, the speaker of the House of Delegates and the president pro tempore of the Senate."

The Virginia Board of Corrections wrapped up its first batch of inmate death investigations Wednesday, voting unanimously to clear about a dozen jails in 23 deaths that occurred in 2017 and 2018. But while the board is satisfied that the jails it has investigated so far acted appropriately, the public won’t get a chance to review those findings. The board told reporters no information about their reviews will be made public beyond the date of the death, the name of the facility in which it occurred and the internal case number of the investigation. Copies of the reports will only be distributed as “confidential working papers” to the governor, the speaker of the House of Delegates and the president pro tempore of the Senate. Likewise, the board has been hearing from their investigators and discussing findings in lengthy closed meetings. In each case, they justified the decision by citing the discussion of “medical and mental health matters.” The board’s vice-chairman, Bobby N. Vassar, said the board has no choice, citing federal regulations governing medical information.
Virginia Mercury

A lawsuit highlighting political divides between Bedford County leadership came to an abrupt end with a settlement days before the matter was scheduled to go to trial Wednesday. Gerald “Jerry” Earnest Craig was Bedford County’s tourism director from December 2014 until he was fired in May 2016. Almost a year after he was fired, he filed suit against Bedford County and four county officials, demanding $3 million in damages. He claimed he was wrongfully terminated for political reasons and the county violated his First Amendment rights to political association and free speech. Those claims arose from a Bedford County Republican Committee meeting in October 2014 where Craig participated in a censure vote of then-county supervisors Curry Martin, Steve Wilkerson and current supervisor Bill Thomasson for raising real estate taxes, according to his complaint. At the time, The News & Advance reported the censure vote also arose because the supervisors didn’t respond to a request for them to explain their decision to the committee.
The News & Advance

Construction has begun on one of two major natural gas pipelines in Virginia and state and local officials have already reported spending almost $126,000 responding to protests aimed at halting work. It’s a number that is only likely to rise this year as construction of the Mountain Valley Pipeline progresses and work on the Atlantic Coast Pipeline begins, raising questions among some local officials about just who should pay for all that policing. At least two counties have discussed seeking reimbursements from the Mountain Valley Pipeline’s lead developer, EQT Midstream Partners. Other governments and agencies, including the Virginia State Police, said they’re planning to shoulder the cost themselves.
Virginia Mercury

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stories of national interest

One app promotes itself as a way to discuss sensitive negotiations and human resources problems without leaving a digital record. Another boasts that disappearing messages “keep your message history tidy.” And a popular email service recently launched a “confidential mode” allowing the content of messages to disappear after a set time. The proliferation of digital tools that make text and email messages vanish may be welcome to Americans seeking to guard their privacy. But open government advocates fear they are being misused by public officials to conduct business in secret and evade transparency laws.
Newton Daily News

By the time attorneys from the Animal Legal Defense Fund received the results of a records request for Tony the tiger’s veterinary checkup, it was too late. The tiger — a truck stop attraction off Interstate 10 in Grosse Tete, Louisiana — was euthanized in October 2017 "to prevent Tony from suffering” following “typical signs that death was imminent," according to a statement from the owners. In April 2017, the ALDF requested the USDA’s Animal and Plant Health Inspection Service determine whether Tony’s owners and enclosure were in violation of the Animal Welfare Act. The ALDF later requested an expedited Freedom of Information Act request for records related to Tony’s medical inspection. Failure to receive an expedited request “could reasonably be expected to pose an imminent threat to the life or physical safety of an individual,” according to FOIA regulations. But those results returned Oct. 20, three days after Tony’s death and six months after ALDF requested for an expedited return. The ALDF was denied an expedited processing request on the USDA’s grounds that “Tony the Tiger is not considered an ‘individual’” under the FOIA because “the term ‘individual’ in this matter only encompasses human beings.”
The Gambit

By not posting completed agendas on time and whispering to each other during meetings, a Connecticut school board committee violated the state’s open meetings law, concludes a preliminary state open-government opinion. Last week, a hearing officer for the Freedom of Information Commission concluded that the Board of Education’s Finance & Operations Committee ran afoul of state law at two meetings this winter. The proposed final decision now heads to the full commission for a vote, where it’s expected to pass without objection. Lisa Fein Siegel, a staff attorney who served as hearing officer, said that committee members should have taken a formal vote to amend the agenda for a January meeting and should not have whispered to each other at a February meeting.
New Haven Independent

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