Transparency News, 5/19/21

 

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 May 19, 2021 follow us on Twitter, Facebook & Instagram

 

state & local news stories

  “It’s not clear what it is about police officers [that] justifies that differential treatment."   Some police agencies told state officials Tuesday that they oppose legislation that would open up normally secret disciplinary records to the public, saying it could prompt police leaders to sweep misconduct under the rug. The lawmaker sponsoring the bill later called “horrible” the notion that police leaders would commit crimes by covering up wrongdoing rather than face negative publicity. The police officials spoke to a subcommittee of the Virginia Freedom of Information Advisory Council, a state panel that reviews public record and open government issues and makes recommendations on legislation. “It’s not clear what it is about police officers [that] justifies that differential treatment. If we’re going to do this to those public employees, why not all public employees?” said Martin Crim, a lawyer in Manassas who specializes in municipal law Richmond Times-Dispatch

To reduce the chances of others facing prohibitively expensive FOIA fees while seeking access to government records, Roem has introduced legislation requiring public bodies in Virginia to fulfill records requests for free as long as they take no more than two hours of staff time. For more complex requests that take longer, public bodies could only charge the hourly rate of the lowest-paid employee working on the request or $33 an hour, whichever is lower. To try to prevent overwhelming officials with FOIA requests, Roem’s bill specifies that the free staff time only applies to the first four requests made by any one person within a 31-day period. But skeptics of Roem’s bill speaking at Tuesday’s meeting suggested FOIA requests are being used to “harass” public officials. The wrong type of reform, they said, could make things worse. John Jones, executive director of the Virginia Sheriffs’ Association, said he’s aware of sheriffs who receive multiple records requests per day. Phyllis Errico, an attorney representing the Virginia Association of Counties, said the group wouldn’t endorse Roem’s proposal, though it agrees FOIA fees could use a study, adding that it can take “hours and hours” for governments to find records responsive to a given FOIA request. Martin Crim, a Northern Virginia lawyer who represents several local governments, said he was aware of one requester who asked for all records dealing with Lake Manassas, which led to a cost estimate of around $20,000.
Virginia Mercury

The truth about the Grottoes man who had been shot and killed by an Augusta County Sheriff's deputy could have been more than someone's word. It could've been tucked away in the ticking seconds of an active body camera.  If only that body camera existed. Right now, law enforcements and the public are relying on the word of those at the scene who lived to leave it. If Staunton or Waynesboro Police Department had responded to the scene, there would likely be more to the story.  Without body cameras on Augusta County deputies, the true accounts of the death of Bruce could remain an enigma. The News Leader has reached out to Augusta County Sheriff Donald Smith, when contacted he declined to comment at this time. Before implementing body cameras, there may be other necessities the department is lacking. On April 14, Sheriff Smith stood at the podium to speak in front of the Augusta Board of Supervisors during a public hearing. The topic of a tax raise was on the main agenda, a decision that could influence law enforcement funding.
News Leader

Pound’s former town attorney has won in a Virginia Freedom of Information Act complaint against the town and Mayor Stacey Carson. A General District Court judge found in McAfee’s favor on Monday regarding the May 10 complaint that Carson failed to respond to a total of four written requests by McAfee filed between Feb. 24 and May 2. The judge also removed the town as a defendant, leaving only Carson, who is the town’s FOIA officer. McAfee claimed that Carson stated in a May 6 council meeting that she was not going to honor the FOIA requests because she said it would be entrapment to provide the documents. The final order in the case awarded McAfee $152 in costs and struck all but the Feb. 24 violation. Carson was fined $500 for only one violation.
Times News

A two-hour public hearing on the future of the police department and its two remaining employees led to the town council disbanding the force and dismissing furloughed Police Chief Tony Baker on Tuesday. The council voted 3-2, with Mayor Stacey Carson breaking the tie, to disband the department effective at midnight on Tuesday on budgetary grounds and after hearing more than 75 residents, business owners and people living just outside the own limits. The majority of the commenters — in-person and via electronic messaging — specifically called for the firing of Baker and part-time officer and former Town Attorney Tim McAfee. Baker and McAfee were furloughed in April as council members began discussions on possible cost savings from eliminating the department. McAfee, who was dismissed as town attorney earlier this year, still has a pending $1.32 million breach of contract lawsuit against three council members and the town over his firing from that position.
Times News