Transparency News 9/16/19

 

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Monday
September 16, 2019

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state & local news stories

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Eleven citizen ideas for legisltation were sent to the Department of Legislative Services to be drafted into bills, 7  started out in the House of Delegates, and 2 became laws.

Attorney Andrew T. Bodoh is offering a free webinar for Virginia attorneys seeking 3 hours of continuing legal education (CLE) credits for 2019. The webinar is called "Need to Know: Making and Enforcing Virginia FOIA Requests." October 15, 2019, from 1 p.m. to 4:15 p.m. Learn more here.

Twice a month, Staunton, Waynesboro and Augusta County hold city council or board of supervisors meetings. The meetings are open to the public, and anybody is welcome to speak during a public comment period. These meetings are where elected officials make decisions that affect residents, such as approving or denying rezoning requests, special-use permit applications, local tax levels and the annual budget. We decided to take a look at how each local governing body operates to keep you up to date on how to participate.
News Leader

Arlington government officials are seeking the authority to position armed, private-sector security guards at County Board meetings. The idea, posed as a request to the government’s landlord (a subsidiary of JBG Smith), would allow private security to supplement and/or augment current county police and sheriff’s deputies at board meetings. Mostly they are an unseen presence, kept out of public view, but they are on hand, government officials acknowledged. “The county uses armed security now – the amendment merely expands the choices that the county may make for the provision of that security,” government staffer Doug Raiden said in a memo to County Board members. Raiden’s memo acknowledged that funding for the “potential costs of enhanced security” at the Bozman Government Center had been included in the county government’s fiscal 2020 budget, adopted in the spring.
Arlington Sun Gazette

Norfolk Public Schools mistakenly paid the School Board chairwoman’s brother-in-law for volunteer work, one of its attorneys said. Chairwoman Noelle Gabriel’s brother-in-law, Nate Kinnison, has been an off-and-on volunteer with the district’s All-City Jazz program for several years, Deputy City Attorney Jack Cloud said in an email. Kinnison, a Virginia Beach music teacher and a saxophonist with the Virginia Symphony Orchestra who ran for the Norfolk School Board in 2018, had applied for a part-time position in the school system, Cloud said. No hiring decision had been made, Cloud said, in part because the state’s conflict-of-interest law requires certain certifications to be filed before a relative of a board member can be hired. However, Kinnison was paid $300 because NPS employees submitted a payroll worksheet for 12 hours of work that Kinnison performed as a volunteer, Cloud said. Cloud and Kinnison said separately that Kinnison contacted the school division as soon as he received the check and didn’t cash it.
The Virginian-Pilot

As the temperatures spiked earlier last week, 8News continued to hear from inmates, relatives and corrections officers about unbearable heat in Virginia prisons. 8News has now uncovered new information contradicting what state officials first told us. Many of the state’s prisons lack air conditioning. Earlier this summer, 8News was told the Department Of Corrections had taken steps to purchase extra fans, ice machines and portable AC units, to keep inmates and workers safe. Yet, 8News found that’s not all true. 8News filed a Freedom of Information Act request for all purchases orders, invoices and receipts for the cooling equipment at the three prisons we got the most concerns about: Nottoway, Buckingham and Augusta Correctional Centers. While we can see industrial grade fans, water coolers, window air conditioners and ice machines were purchased at Nottoway and Buckingham prisons, 8News found nothing for Augusta. When 8News questioned the lack of documents, we were told they “did not have anything responsive to our request.” In addition, an internal memo shared with 8News shows the fans inmates are supposed to be able to purchase for their cells have been discontinued and are no longer available.
WRIC

Del. Sam Rasoul is bringing back his program for people interested in writing their own pieces of legislation to submit to the Virginia General Assembly. Rasoul, D-Roanoke, started his You Write the Bill program last year as a way to invite residents to participate in the legislative process and pursue ideas that are of interest to them. Last year, people came up with policy proposals on issues such as mental health, criminal justice reform, education, corruption in politics and the environment. After a few meetings throughout Roanoke, 11 ideas were sent to the Department of Legislative Services to be drafted into bills. Of those, seven started out in the House of Delegates to go through the process of passing the legislature. Two became laws.
The Roanoke Times

The Pinnacle has proven to be a boon for Bristol, Tennessee’s coffers with tax revenues netting the city nearly $9 million over the past five years. An impact summary on the development acquired from the city by the Bristol Herald Courier through a Freedom of Information Act request shows property tax, shares of state sales tax and local option sales tax revenues generated by businesses in The Pinnacle and Border Region Retail Tourism Development District from fiscal years 2014-2019 totaled $8.7 million, exceeding the $5.7 million the city made in payments for debt it accrued to help make The Pinnacle happen. However, the true revenue amount generated for the city by the retail complex off Interstate 81’s Exit 74 is higher because the city did not provide data on revenue from the business tax, liquor-by-the drink tax and hotel-motel tax. Tara Musick, the city’s director of finance, said the city could not provide that information because the revenue from those taxes isn’t tracked separately from what’s collected in the rest of the city.
Bristol Herald Courier

Lt. Gov Justin Fairfax has filed a $400 million defamation lawsuit against CBS for their reporting on sexual assault claims made against him. While defamation cases are common in the courtroom; winning one is not. Fairfax must prove CBS either knowingly reported false claims or intentionally did not investigate them, with specific intent to damage his reputation and political career. Public figures — politicians, high-ranking government officials and celebrities, for instance — are required to prove actual malice to recover damages from defamatory statements. “Actual malice is a mindset that you mean to do something maliciously; it’s willful,” said Carl Tobias, a constitutional law expert and law professor at the University of Richmond.
Virginia Mercury

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stories of national interest

Denver’s Police Department has agreed to a $50,000 settlement with Colorado Independent Editor Susan Greene, whose First Amendment rights officers violated when they wrongfully handcuffed and detained her for photographing police last summer. As part of the settlement, Denver agrees to significantly strengthen First Amendment and sensitivity trainings for police through at least 2024. The department also will update its policies on police bias and search and seizure of recording devices.
Colorado Independent

Oregon’s public records advocate is speaking out about her decision to resign after 18 months on the job, saying she felt she was “put in an unethical position.” Ginger McCall announced her resignation on Monday, citing pressure from Gov. Kate Brown’s staff. In an interview with KGW, McCall said Gov. Brown’s office wanted her to work for the governor’s interests instead of the public interest. “Unfortunately, in a series of meetings that I had with the staff of the governor’s office, I was informed they were my supervisors and my job was to represent the governor’s interest and I wasn’t supposed to tell anyone,” she said. “It felt like it was an affront to the transparency mission of the office.” McCall met with Oregon’s Public Records Advisory Council Friday about making the position more independent from the governor’s office.
KGW
 

 

quote_2.jpg"I was informed they were my supervisors and my job was to represent the governor’s interest and I wasn’t supposed to tell anyone."

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editorials & columns

quote_3.jpg"The fact is an open process inspires confidence, both in the elected officials conducting it and the person ultimately selected through it."

Chesapeake officials, who ostensibly serve the public interest, are not the first to favor secrecy over transparency when hiring a manager — indeed, Norfolk recently did something similar — but that in no way lessens the insult to citizens, who deserved better and who should be outraged by this behavior. Hiring a city manager is arguably the most important decision an elected city council makes.  So when a council is tasked with hiring a new manager, it is important that the process be conducted with the seriousness and professionalism commensurate with that duty. Even better if elected officials proceed in full view of the public — soliciting input about the qualities desired in a manager, at the very least, up to and including candidate interviews in open session so that citizens can see the people vying for the position. There are plenty of reasons why elected officials will claim this is a terrible idea, from the notion that the candidate pool would be diminished by an open process — would-be managers won’t alienate their employers by allowing their candidacy to be public! — to the errant belief that working behind closed doors is the way these things are done. The fact is an open process inspires confidence, both in the elected officials conducting it and the person ultimately selected through it. By inviting the public to participate, it helps strengthen the connection between people and their government — and it helps a new manager get off on the right foot, since he or she is a known quantity from Day One.
The Virginian-Pilot

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