This originally appeared in The Virginian-Pilot and Daily Press on Wednesday, Jan. 5, 2021.
Reprinted with permission

Editorial: More transparency in Virginia

By THE VIRGINIAN-PILOT & DAILY PRESS EDITORIAL BOARD

Here’s a wish for the new year that may sound familiar to readers: Virginia’s state and local governments should resolve to be more transparent in 2022.

Seems simple, right? Straightforward, noncontroversial. Well, you’d be surprised.

The Virginia Freedom of Information Act states clearly that “the affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government.”

And yet, despite that rather firm and forceful directive, and the language that follows requiring most government documents to be public and most meetings to be open, Virginia repeatedly sees its elected and appointed officials run afoul of it.

So let this be a year when government at every level lets the sunshine in and affirms a commitment to openness, accessibility and transparency.

Begin at the commonwealth’s center of power: the General Assembly. For two years, the pandemic disrupted normal operations in Richmond, with the House operating remotely and the Senate meeting in several locations.

That was all to keep members safe, which was important, but it also made engagement more complicated. Virtual committee and subcommittee meetings, while necessary in the COVID era, are a poor substitute for the sort of in-person interaction that can make legislation stronger.

On the plus side — and this is a big plus — that experience should serve as to remind legislative leaders the value of broadcasting and recording meetings and keeping those meetings archived and accessible. Doing so means more Virginians can experience the debate without traveling to Richmond.

A recent letter to those leaders, sent by Megan Rhyne on behalf of the openness coalition Transparency Virginia, offers some other ideas for strengthening the legislature’s commitment to transparency.

Those suggestions include reducing the number of bills left in committees without consideration or a vote, adopting a unified meeting notification system, making past Senate floor session and committee meetings searchable by keyword, continuing to livestream subcommittee meetings and incorporating virtual public testimony into in-person meetings.

Before the pandemic, the legislature had made important strides toward transparency, under leadership of both parties, and advancing these priorities would help bolster the work to keep the public abreast of the goings on in Richmond.

More than that, lawmakers heading to the session in a week’s time can accomplish a great deal by supporting bills that improve Virginia’s FOIA and opposing those that would carve out additional exemptions to the law.

In November, the Freedom of Information Advisory Council endorsed three measures that would increase access to records. All three deserve adoption.

One would reduce fees for record requests, a long-overdue reform championed by Del. Danica Roem, D-Prince William, that will set reasonable limits on fees. It also discourages citizens from flooding a government body with frivolous requests, a key concern of public officials.

The second bill, being carried by Del. Michael P. Mullin, D-Newport News, allows for the release of law enforcement disciplinary records when investigations are complete, with narrow language to define those records and allowing for redaction of some personal information. That’s an important step for more effective law enforcement oversight.

Finally, the FOIA Council gave its backing to a bill that would change the commonwealth’s law for public bodies holding electronic meetings — how often they can be held, rules for participation by the public and members, etc. The legislation is the product of considerable negotiations among government access groups, local government associations and media organizations, meaning there is broad consensus for these reforms.

Again, many of these protocols and measures are straightforward, needed and serve the public interest. Virginia can hope this is a year for transparency in the commonwealth and citizens should encourage their elected officials to see that it is.

Disclosure: Opinion Editor Brian Colligan serves on the Virginia Coalition for Open Government Board of Directors. VCOG is a member of the Transparency Virginia coalition.