Transparency News 6/21/19

Friday
June 21, 2019

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state & local news stories

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VCOG's annual report is online. Catch up on the work we've undertaken this past year in the areas of education, advocacy, coalition building, Sunshine Week, conferences and generally keeping YOU in the know. If we have your mailing address, a print copy should arrive this weekend. If you'd like a printed copy, please contact me at mrhyne@opengovva.org.
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Two Tysons Corner attorneys hired by Rappahannock County Supervisor Ron Frazier — one billing at $400 an hour, the other at $350 an hour — have submitted an invoice of $19,365 to the Rappahannock County government after counseling the Jackson district supervisor on a FOIA lawsuit he’s not a party to. County Attorney Art Goff, for that reason and others, said Frazier does not have a “right to payment.” Mark A. Moorstein and Theodora A. Stringham, counsels with the Fairfax office of Offit Kurman, contend in two letters to Rappahannock County Administrator Garrey Curry and Goff that, consistent with Virginia Code 15.2-1520, Frazier has a right to their representation. The attorneys’ first letter, addressed to Curry and dated May 10, 2019, sought $12,360 for 29 hours of work on behalf of Frazier surrounding the so-called Bragg I case (Marian M. Bragg v. Board of Supervisors). Goff pointed out that Frazier “is not a party in Bragg I, as a defendant or otherwise, meaning he has nothing at risk in that case regardless of the outcome.” Goff also took the opportunity to remind the board that the two attorneys hired to assist the county attorney in representing the five named defendants in the Bragg I litigation bill at the negotiated contract rates of $150 per hour (not to exceed 8 hours per week) and $175 per hour.
Rappahannock Record

Warren County supervisors appointed two members to the Front Royal-Warren County Economic Development Authority board this week. Following nominations from Tom Sayre, supervisor for the Shenandoah District, and Dan Murray, chairman and supervisor for the North River District, that did not receive seconds, Tony Carter, supervisor for Happy Creek District nominated Greg Harold and Jeffrey Browne. Both men received unanimous approval from the supervisors. Harold, who interviewed for the job earlier in the evening, addressed the public during the first public comment period of the night offering citizens a chance to interview him. all with the Northern Virginia Daily on Thursday, Harold said he hoped that his approach to the public during the meeting would signal his commitment to promoting transparency as a board member.   Harold said he understands the community is frustrated with the lack of communication between the county supervisors, the town and the citizens.  Despite acknowledging the frustrations, Harold defended the secrecy with which the EDA board position interviews were conducted.  The board position is a job and it wouldn't have been appropriate, he said, for citizens to conduct his interview.
The Northern Virginia Daily

Jack Evans said Thursday that he will resign from the Metro board next week, after a legal memo became public saying he “knowingly” violated ethics rules to help friends and clients rather than serve the interests of the transit agency.
The Washington Post

stories of national interest

The Michigan legislature has racked up $1.2 million in legal bills fighting a federal court case alleging Michigan’s districts are illegally gerrymandered, according to financial documents released by the House and Senate business offices. The case, League of Women Voters v. Secretary of State Jocelyn Benson, was filed in 2017 and challenges Michigan’s political districts. A federal court in April ruled those districts were gerrymandered and required the maps be re-drawn -- a process that’s been put on hold while the United States Supreme Court considers the case. The case did not name the legislature or individual legislators, who approved the maps in 2011, as a party. Instead, Republicans including individual House lawmakers and the Senate Republicans chose to intervene in the case, and have spent more than $1 million in that effort.
MLive

The Arkansas Supreme Court has ruled Fort Smith city directors did not violate the state’s Freedom of Information Act (FOIA) when they used emails to discuss an issue. Thursday’s (June 20) court opinion reverses a lower court ruling. Fort Smith resident Bruce Wade, represented by attorney Joey McCutchen, sued the city in 2017 claiming emails between several city directors about the employment practices of Fort Smith Police Chief Nathaniel Clark violated the open meeting rules within the FOIA.  The state Supreme Court did disagree with the city’s argument that the FOIA does not apply to email. The court said allowing email conversations to fall outside the FOIA would “leave the public in the dark, and subvert the purpose of FOIA’s open-meeting provisions.” Judge Courtney Goodson wrote the majority opinion. However, the court ultimately agreed with the city that the content of the emails did not violate the FOIA because “no response was solicited.” The court said the email exchanges “contain information, a recommendation, and unsolicited responses with no decision.” The court also said the board discussed the issue and took action in public meetings.
Talk Business & Politics

Several government officials and attendees walked out of an Alaska government meeting south of Anchorage this week when an official who's also a member of the Satanic Temple ended the opening prayer with “Hail Satan.”
Fox News
 

"The [Arkansas] Supreme Court did disagree with the city’s argument that the FOIA does not apply to email."

editorials & columns

"The [FOIA] process is fiscally irresponsible because the highest paid person on staff is the one performing the administrative work, work that is billed at the administrator’s rate."

This rumination is not meant to disparage, but simply to understand. Small towns win their charm largely because of their, well, smallness, namely that everyone pretty much knows everyone else and thus would feel comfortable addressing any issue, big or small, with any other resident. This said, we simply can’t put our arms around Mayor Pat Dickinson’s FOIA request of the town administration she leads as its highest elected officer, its mayor. As such, why would she feel compelled to send an FOIA request rather than simply walk into any office and ask a few questions.
The Winchester Star

I was disappointed in Tuesday’s Winchester Star article titled “Berryville mayor’s FOIA request baffles councilors.” I was disappointed because the reporter missed the point of my Mayor’s Report — not just by a little but by a mile. My report to Town Council articulated how the Berryville FOIA process is broken. The process is inefficient, fiscally irresponsible, and not compliant with the law. The process is inefficient because not all of the information requested is provided. The Town Manager is quoted in the article as saying “he (the town manager) did not withhold any information he thought was relevant.” The whole purpose of an FOIA request is to get everything you ask for — not just those items the Town Manager believes to be relevant. The process is fiscally irresponsible because the highest paid person on staff is the one performing the administrative work, work that is billed at the administrator’s rate. According to FOIA, the town is supposed to be able to recover reasonable costs. We can’t because our costs are not reasonable.
Patricia Dickinson, The Winchester Star