Transparency News 12/13/19

 

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Friday
December 13, 2019

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state & local news stories

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"There are all kinds of donors who have put limitations on gifts and it’s important for the university community to be able to know what those limitations and restrictions are going to be.”

The Virginia Supreme Court has ruled that the fundraising foundation for Virginia’s largest university is exempt from public-records laws. The unanimous ruling issued Thursday is a defeat to a group of George Mason University students who sought records outlining the relationship between the university and a network of conservative donors who have contributed millions of dollars to the school annually. A group called Transparent GMU filed the lawsuit. They argued that the George Mason University Foundation should be subject to public-records laws just like the university. The school argued that the entities are separate and that state law exempts foundations from the Freedom of Information Act.
AP News
The Virginia Supreme Court sided with administrators at George Mason University in a closely-watched lawsuit challenging whether private fundraising foundations established by public universities can keep donor records secret. The justices wrote in an opinion issued Thursday that private foundations, no matter how closely intertwined with the university they serve, are not public bodies for the purposes of Virginia’s Freedom of Information Act. “Had the General Assembly intended the unreserved inclusion of non-profit foundations, that exist for the primary purpose of supporting public institutions of higher education, as public bodies under VFOIA, it could have so provided, but it has not,” they wrote.
Virginia Mercury
Megan Rhyne, executive director of the Virginia Coalition for Open Government agrees. She said the foundation impacts the ultimate mission of the university, because the money it raises drives major budget decisions like hiring and real estate acquisition. “There are all kinds of donors who have put limitations on gifts and it’s important, I think, for the university community, if nobody else, to be able to know what those limitations and restrictions are going to be.”
VPM
In a prepared statement, Terri Cofer Beirne, chair of the George Mason University Foundation Board of Trustees, said the foundation was pleased with the ruling. “The decision validates the lower court ruling that our Foundation, and others like it at Colleges and Universities across the Commonwealth, is a private entity and that our donors have certain rights, including privacy, associated with their gifts,” she said.
Richmond Times-Dispatch
(NOTE: VCOG filed a brief in support of the student group. You can read the court's opinion on VCOG's website.)

The Spotsylvania County Board of Supervisors approved a resolution to ban county government employees from serving on the board. Following a brief discussion at Tuesday’s meeting, supervisors voted to approve the measure, 5–1. Chris Yakabouski voted against the change while Kevin Marshall, a county employee, abstained. The resolutions prohibit employees from serving on the board and institute a one-year waiting period before any supervisor can become a county employee after leaving the board. The resolutions make an exception for Marshall, who has long worked for the county, so he can keep both his job and his position on the board.
Free Lance-Star

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stories of national interest

Over the past five years, universities disciplined NCAA athletes for sexual misconduct at more than three times the rate of the general student population. Football players were disciplined the most. Almost three dozen NCAA Division I universities contributed data, including Ohio State University, the University of Florida and Michigan State University. Fewer than 3% of their students were athletes, but athletes made up nearly 9% of the students found responsible for sexual offenses. Over the past year, the USA TODAY Network tried to collect these disciplinary records from 226 Division I public schools across the country. But only 35 complied. The rest either claimed state laws protect the names of students who commit rape and sexual assault, demanded exorbitant sums to provide the information, said they weren’t required to release the records or still haven’t processed the requests.  The low response rate from universities “is a sad commentary on the culture of secrecy and image obsession that permeates higher education,” said Frank LoMonte, a University of Florida professor and expert in federal student privacy laws. 
Arizona Central

 

 

quote_2.jpg"The low response rate from universities 'is a sad commentary on the culture of secrecy and image obsession that permeates higher education,'”

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editorials & columns

quote_3.jpg"Transparency Virginia sent a letter this week to leaders in both chambers, from both parties, asking that they continue to take steps toward openness."

When the Virginia General Assembly convenes in January, lawmakers will hit the ground running. The so-called “long” session lasts 60 days, compared to 45 in the “short” sessions in odd-numbered years, in which the legislature will consider more than 3,500 bills. That’s a massive workload for lawmakers and their staffs. It’s a challenge for the ever-dwindling number of media members who cover the General Assembly. And for the general public? Forget about tracking every detail of the legislature’s work while balancing the demands of work and home life. That said, it’s been easier in recent years for someone on the Eastern Shore, in the southwest or in Northern Virginia to track bills through the session as well as someone in Richmond. The internet has decentralized and democratized access, and lawmakers helped by broadcasting meetings of the House and Senate, an invaluable resource for citizens. However, Virginia could do much, much better when it comes to putting the General Assembly’s work within easy reach of the people it serves. Transparency Virginia sent a letter this week to leaders in both chambers, from both parties, asking that they continue to take steps toward openness by livestreaming subcommittee meetings, adopting a unified meeting notification system and acting on all bills rather than leaving some in committee, among other requests.
The Virginian-Pilot
Read Transparency Virginia's letter here (authored by VCOG's Megan Rhyne)

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