Transparency News, 4/19/2022

Tuesday
April 19, 2022

Follow us on Facebook and Twitter
Contact us at vcog@opengovva.org

state & local news stories

Updated invited and confirmed panelist info
Learn more here
 

The Virginia Department of Education provided more information to the Richmond Times-Dispatch in response to a Freedom of Information Act request, as ordered by a judge on April 8. The department had the option of appealing the order from substitute Richmond District Court Judge Jennifer Rosen or complying by providing more information, and the department sent an email Friday with the information. The FOIA request had asked for correspondence between certain Department of Education officials and people at a nonprofit in Washington, D.C., called American Enterprise Institute. The five emails the department opted not to turn over came on Jan. 25. Included on each of the emails was: Balow; Dicky Shanor, Balow's chief of staff; Assistant Superintendent Elizabeth Schultz; Education Secretary Aimee Guidera; Deputy Education Secretary Sarah Spota; and Max Eden, the research fellow at American Enterprise Institute who has assisted the department.
Richmond Times-Dispatch

The following is a recap of a hearing in general district court between the writer/petitioner and the Prince George County School Board in a FOIA case challenging the board's use of the public safety exemption (2.2-3711(A)(19)) to discuss the renaming of a county school.
* The school representatives agreed that Public Safety Matter PS04/21-22 (Moving forward in the naming of the new school building on Middle Road) that was discussed in closed session on March 7, 2022 didn’t fall under the definition of public safety in the Code of Virginia – 2.2-3711.A.19 
* The discussion in closed session about naming the new school was about what was known about W.A. Walton and if there were any controversial facts about him.
* The school representatives said closed session agenda items would be reviewed by an attorney.
* Received a copy of the attached “Naming School Facilities policy” and was told that the school board would publicly discuss the process of naming the new elementary school at their April 25 regular meeting.
* The judge did not issue an injunction or require the school board to take additional FOIA training.  The school representatives explained that the school board members take required FOIA training every two years.
* The judge did direct the school board to reimburse the petitioner $64 for costs of filing this matter.

A judge has established deadlines directing the city of Bristol, Virginia to comply with a Freedom of Information Act request from its sister city. An attorney representing the city of Bristol, Tennessee filed a petition March 31 in Bristol Virginia Circuit Court, asking the court to intervene in its request for extensive public records related to the Bristol, Virginia landfill. During an April 13 hearing on that petition, the court established deadlines of April 20 and a final deadline of May 25, according to Bristol Tennessee City Attorney Danielle Smith. “The city will turn over any documents relating to the FOIA request by close of business on April 20,” Bristol Virginia City Manager and City Attorney Randy Eads said Monday. “Bristol, Tennessee agreed to narrow the scope of their email search, and we have 30 days to respond to the more defined scope of the FOIA request. May 25 is when all of that has to be turned in.” The initial request includes 13 broad categories of documents and information related to the city landfill, according to the March 31 petition. Eads blamed the delays on the volume of information requested. “When the city did the initial review of documents [requested], it was over 1.3 million documents and emails that would have to be reviewed prior to disclosure — all related to the landfill,” Eads said.
Bristol Herald Courier

After a week of public outcry in response to the potential sale of the Bedford County Nursing Home to a private, for-profit company, Bedford County administrator Robert Hiss announced at a special-called public hearing Monday night the company withdrew its offer to buy the nursing home earlier that afternoon. The audience of dozens of nursing home workers, family members of residents, and general public erupted in cheers to hear the offer was withdrawn. Residents’ family members and employees alike shared the overarching concerns that the quality of care offered at the home would deteriorate due to factors such as staffing cuts and profit-oriented goals of a private company, and consternation over the short notice of the potential sale and general feel of a lack of transparency from their local leadership. In response to questions on transparency, Hiss said when striking deals and negotiating business matters in the private sector, public meetings are not required.
The News & Advance

Anita Price, a former council member, applied to serve the rest of the term of former Roanoke City Councilman Robert Jeffrey Jr., who forfeited his seat last month. Jeffrey was convicted of financial crimes. The vote of approval drew one “present” vote from Councilman Bill Bestpitch. He made no comment beyond that. The decision to select Price was made in closed session. Earlier in the process, 16 people applied for appointment for Jeffrey’s seat. The council chose six people, including Price, to interview two weeks ago. One of the six withdrew before his interview occurred, while the five others spoke. Citizens attended a public hearing a short time later to offer comments on the interviewees.
The Roanoke Times

It was an exclusive ticket with less than two dozen seats available, but apparently it wasn’t the biggest show in town. Charlottesville’s City Council met within City Hall’s council chambers Monday for the first time since the onset of the COVID-19 pandemic in March 2020, but the landmark return to in-person meetings was quiet, with only a handful of community members and three news reporters sharing the room with councilors and staff. Those who wanted to attend in person were required to preregister on the city’s website prior to the meeting. The virtual option was still broadcasted via Zoom and Boxcast for people who prefer to watch from home. The pre-meeting work session was only broadcasted virtually, with councilors in chambers but no in-person access for the public. Don Gathers said that it had taken “too long” to return to in person meetings, and that while he was grateful to be back, he was concerned with how the city is handling it.
The Daily Progress

stories of national interest

Border Patrol apprehended at least 23 people coming across the southern border whose names are on the terror watchlist in 2021, according to Customs and Border Protection (CBP) data obtained by Fox News. Between Jan. 20 and Dec. 27, 2021, there were 23 encounters with individuals whose names matched on the Terrorist Screening Database (TSDB). Four were in the Rio Grande Valley Sector, 4 in Del Rio Sector, 3 in El Paso Sector, 2 in Tucson Sector, 2 in Yuma Sector, 4 in El Centro Sector and 4 in San Diego Sector. The information was provided to Fox News in response to a Freedom of Information Act (FOIA) request submitted in December.
Fox News

 

editorials & columns

Free speech is vital for progress. It makes fighting for change possible by protecting and exposing new ideas and perspectives, which leads us to innovate, learn and solve problems together. Because the First Amendment is crucial to our freedom, it’s imperative that Americans — especially public officials — remain on high alert to protect it. That’s increasingly a monumental task. From misguided “anti-protest” bills to censoring books and “divisive concepts,” some lawmakers, either knowingly or unknowingly, look for ways to silence other Americans and ideas they don’t like. While these speech issues are seemingly in the news every day, one little-known and under-discussed method to silence other Americans takes place through our legal system: “strategic lawsuits against public participation,” or SLAPPs. These are meritless lawsuits intended to intimidate and silence journalists, whistleblowers and everyday Americans.
David Voorman, Governing