Transparency News, 4/14/2022

Thursday
April 14, 2022

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state & local news stories

"Why wouldn’t you want a way to be able to see what actually happened instead of just taking someone’s word?"

The Virginian-Pilot and Daily Press along with a dozen other news media organizations are suing Gov. Glenn Youngkin in Richmond’s Circuit Court for refusing to turn over records related to his administration’s email tip line for parents and others to report so-called “divisive” concepts being taught in schools. The news organizations are asking the court to order the administration to turn over the records — and to pay the coalition’s costs, including attorney fees. The lawsuit, filed Wednesday by Washington, D.C., attorney Charles D. Tobin, states that the media organizations individually submitted Freedom of Information Act requests to the governor’s office to obtain emails sent to the tip line. But their requests were denied, the lawsuit states, on the grounds the emails were “working papers and correspondence of the Office of the Governor” and were considered exempt from FOIA’s disclosure requirements under the working papers exemption. The lawsuit contends that emails sent to the tip line “are not correspondence of the Office of the Governor and do not, therefore, qualify for the Working Papers Exemption.” In a statement to The Pilot Tuesday, the governor’s office stood by its decision to withhold the emails. “When a constituent writes to the Governor he treats that communication as confidential and would not share the contents with the public,” a Youngkin spokesperson wrote. “There is an expectation of privacy that he takes very seriously.”
The Virginian-Pilot
The Washington Post and a dozen other media outlets sued Virginia Gov. Glenn Youngkin on Wednesday over his administration’s refusal to release records related to a tip line he established for parents to report school officials who are teaching “divisive” subjects or otherwise behaving in ways deemed objectionable. Calling the tip line an “Orwellian” attempt to intimidate teachers, critics suggested on Twitter that Virginians flood the tip line with faux tattletales, such as one sarcastic dire warning that Virginia schools were teaching “Arabic numerals.” But the actual submissions have remained a state secret. Filed in Richmond Circuit Court by a media coalition that includes the Associated Press, Tribune Publishing and NPR, the lawsuit contends that exemptions for working papers and correspondence do not apply to the tip line submissions — in part because, according to the suit, the submissions were shared with individuals outside of the governor’s office, including the American Enterprise Institute, a right-leaning think tank.
The Washington Post

The seemingly never-ending legal saga over Charlottesville’s Confederate statues began a new chapter Wednesday as attorneys for bidders connected to the Monument Fund attempted to defend their lawsuit that, in part, seeks to prevent the destruction of the city’s statue of Lee. The hearing in Charlottesville Circuit Court was spurred by a lawsuit filed by two plaintiffs — Trevilian Station Battlefield Foundation and the Ratcliffe Foundation, on behalf of its subsidiary Ellenbrook Museum. The two allege the city violated the Freedom of Information Act, Virginia Public Procurement Act and state code when it awarded the Lee statue to the Jefferson School African American Heritage Center in December. The attorney for the city pushed back against claims that the city did not give proper notice of the December meeting in which the City Council voted to give the statue to the Center. Though the city had given less than the typical three working days’ notice, this was not a violation of FOIA law, he said.
The Daily Progress

The Augusta County Board of Supervisors held public hearings Wednesday related to its upcoming 2023 fiscal year budget, with much of the discussion centering around body and dash cameras for the sheriff’s office. After nearly an hour of public comments from attendees, with most supporting the need for body cameras, Wayne supervisor Scott Seaton motioned to hold an official public hearing regarding body and dash cameras on April 27 before the board approved its budget. Pastures supervisor Pam Carter seconded the motion, but it was defeated 3-3. “It’s all about transparency for everyone and accountability,” McKenzie McQueary said. “There are people wrongly killed all the time by police officers, and there are also people that wrongly kill officers. Why wouldn’t you want a way to be able to see what actually happened instead of just taking someone’s word?” Danny Link, of Mount Sidney, voiced opposition to prioritizing cameras over other expenses, as Smith himself prioritizes other equipment and raises for his deputies.
The News Virginian

Richlands residents filled up town hall Tuesday evening for a public hearing on utility bills among other issues. Many residents pay utility bills to the town which include water, sewage trash collection and electricity. Many say they’ve seen massive rate hikes in recent months, some ranging from $600 to near $1,000. Only two council members were present for Tuesday’s hearing. A council session was scheduled to take place following the hearing, but adjourned after some debate as a quorum was not present.
WVVA

A resident-led task force established to study whether the Leesburg Police Department, and the town at large, would benefit from the formation of a police advisory commission had a simple answer—no. In considering its recommendations, the task force received several presentations from department and other town staff members on a variety of subjects, including current police policy and procedures. While the task force did not conclude that an advisory commission would be beneficial, Harber did cite some areas of funding focus for the Town Council. To continue to promote transparency, Harber said the council may want to consider employing a second FOIA officer for the department. She noted that the department’s current FOIA officer, Officer Michael Drogin, also the department’s public information officer, spends hundreds of hours responding to citizen FOIA requests. Harber also said a position dedicated to researching and applying for law enforcement-specific grants could be a boon to the department. In considering its recommendations, the task force received several presentations from department and other town staff members on a variety of subjects, including current police policy and procedures. While the task force did not conclude that an advisory commission would be beneficial, Amy Harber, a task force member and attorney, did cite some areas of funding focus for the Town Council. To continue to promote transparency, Harber said the council may want to consider employing a second FOIA officer for the department. She noted that the department’s current FOIA officer, Officer Michael Drogin, also the department’s public information officer, spends hundreds of hours responding to citizen FOIA requests. 
Loudoun Now

A student-run publication or a mouthpiece for disgruntled alumni? That question is at the heart of an ongoing conflict over the recent resurrection of a student newspaper at Virginia Military Institute. Known as The Cadet, the newspaper emerged in spring 2021, when it launched with a graduation edition. And almost as soon as The Cadet arose, so too did a battle over the paper. The conflict is an extension of the tug-of-war between administration and alumni over a multitude of changes at the historic military college, including a newfound commitment to issues of diversity, equity and inclusion. Student journalists now find themselves stuck in the middle. The Student Press Law Center, which has pushed VMI to recognize the paper, notes that it believes students are in charge, SPLC attorney Mike Hiestand wrote in an email. But one student journalist working on the paper said by email, “the rumor that The Cadet is run by alumni is partially true,” noting the influence of VMI graduates Bob Morris and Thomas Wilson.
Inside Higher Ed

editorials & columns

" It takes financial resources to most effectively probe how our government operates."

Last November my organization, Empower Oversight, sued the National Institutes of Health (NIH) for failing to comply with Freedom of Information Act requests related to the agency's response to the COVID-19 pandemic. Around half a dozen other entities have also been forced to go to court to compel the NIH to make pandemic documents public. It's worth noting that this didn't need to happen. Good lawyers charge hundreds of dollars an hour or more and hiring legal talent to pursue cases full time is not easy. By forcing public interest groups to spend this money on litigation before complying with Freedom of Information Act (FOIA) requests, the NIH is locking out the vast majority of Americans from accessing federal records. It takes financial resources to most effectively probe how our government operates.
Jason Foster, Newsweek