Transparency News, 1/9/2023

 

Monday
January 9, 2023

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Contact us at vcog@opengovva.org

 

state & local news stories

"There have been complaints in the public comments portions that display the loss of public trust that he attributed—at least in part—to [the embezzlement allegations]."

The Spotsylvania School Board on Monday will consider revisions to several division policies, including those regulating public comments and meeting rules of order, and prohibiting harassment and retaliation. There are numerous proposed changes to policies outlining the format for regular business meetings. They include moving the closed session from the beginning of the meeting to the middle, between public comments and board member comments; capping the amount of time allotted for individual board member comments, superintendent comments and reports to three minutes; and reducing the time given to citizens for public comments from five to three minutes. The board is proposing that the elected clerk — who in the past has been Director of Administrative Services Dennis Martin — no longer serve as the parliamentarian, whose job it is to interpret bylaws, rules of procedure and Robert’s Rules of Order. Instead, a designee of the board chair — or the superintendent, if the designee is not available — would serve in that role.
The Free Lance-Star

Dr. Shelley Viola Murphy didn’t plan for her life’s most meaningful work to be in genealogy. But after helping more than 100 descendants of enslaved people find their family histories and learn the stories of their ancestors, Murphy found a special calling. With a doctorate in management and organizational leadership, her professional life was focused on real estate and fair housing, not ancestry and reclamation. But along her life’s way, stories that her mother had told her as a child about their own family began to resonate with her. As a Black woman who is a descendant of enslaved people, there were gaps in her personal history for which she wanted answers.
The Daily Progress
NOTE: Dr. Murphy appeared at VCOG's 2019 annual conference on a panel about African-American genealogy.

Former Halifax County chief animal control warden and school board member Todd Moser was sentenced to a suspended 30 years of prison time and two years of supervised probation Friday at the Mecklenburg Circuit Court in Boydton for two charges of embezzlement. Additionally, Moser will have to pay full restitution to Halifax County in the amount of $13,936 as well as court costs. Moser pleaded guilty to embezzling a total of $13,936 from Jan. 3, 2017, to Aug. 6, 2021, in small-dollar amounts. He spent these funds at places like Dollar General and Food Lion according to Mecklenburg County Commonwealth’s Attorney R. Allen Nash, who served as the special prosecutor for the case. “Mr. Moser took advantage of the situation for no real reason at all,” Nash stated at the sentencing hearing, noting that the defendant pilfered the funds “233 times at least,” amounting to “several times a week.” Nash made the argument that the triviality of the thefts — not motivated by Moser’s financial need — and the seriousness of betraying the public trust despite being a law enforcement officer warranted a maximum sentence of 30 years — 20 for the first charge and 10 for the second. Moser's attorney asked Simpson for specific information about the extent of the damage to the county’s reputation as the result of Moser’s actions. Simpson indicated that at “about every meeting” of the Board of Supervisors for the past three months, there have been complaints in the public comments portions that display the loss of public trust that he attributed—at least in part—to Moser’s actions.
The Gazette-Virginian

The network Virginia State Police uses to keep track of criminal histories, firearm transactions and sex offenders has been mostly restored following Thursday’s outage, according to the state agency. Police said Saturday that the Virginia Criminal Information Network has all but two data systems and webpages fully operational. The VCIN is used by law enforcement agencies, courts and even businesses. The rebooted systems include the Computerized Criminal History (CCH) and the Virginia Firearms Transaction (FTC) V-Check, as well as the websites for the Virginia Sex Offender and Crimes Against Minors Registry (SOR), which are now both publicly accessible.
WTOP
 

stories of national interest

The proposed rule would stop the public from obtaining copies of recordings — though it would allow them to listen to the recordings at the courthouse under supervision of a court staffer.

The Maryland judiciary is considering a rules change that would bar the public from obtaining audio recordings of criminal court proceedings, a longtime practice that transparency advocates say is key to courtroom accountability. The proposed policy is being considered on an “emergency” basis after a federal court ruled that a Maryland law controlling the publication of audio recordings violated the First Amendment. Known colloquially as the “Broadcast Ban,” the law barred the public and journalists from publishing audio recordings in news reports, documentaries or advocacy campaigns — even though they had legally obtained the records through the court. Just days after the law was deemed unconstitutional, the Maryland judiciary proposed a rule that would stop members of the public from obtaining copies of the recordings in the first place — though it would allow them to listen to the recordings at the courthouse under supervision of a court staffer.
The Washington Post

Michigan State finally coughed up the public records shedding light on athletic donations totaling $56 million from boosters Mat Ishbia and Steve St. Andre.  MSU vigorously fought the records' release until a state judge ruled last month that contracts outlining the donations — a portion of which helped fund football coach Mel Tucker's $95-million, 10-year contract — are public. While MSU shielded the records, a lawyer for the Detroit Free Press questioned whether the donors gained influence over the athletics department in exchange for the money. The Free Press then sued MSU under the Freedom of Information Act to obtain the records.
Details: Ishbia agreed to give MSU $14 million, and St. Andre $10 million, on Nov. 19, 2021, days before the school announced Tucker's deal. The contracts say MSU maintains authority over any coaches' employment.
Axios Detroit

 

editorials & columns

The decision was that only public employees who work in the executive branch are considered public bodies for purposes of FOIA. By that reasoning, shouldn’t the head of the executive branch, i.e. Michigan’s governor, be subject to FOIA?

Spotsylvania School Board Chairman Kirk Twigg began lowering a veil of secrecy over the school district in 2022, even as he was unleashing chaos. Monday evening may well determine if the School Board continues its descent into darkness, or welcomes a ray of light. The editorial board has verified through two sources that Twigg plans to pass the gavel to another member, most likely Lisa Phelps. Many conservatives, even those who backed Twigg, have been frustrated with his mishandling of the School Board over the past year. Phelps promises to be little better. Like Twigg, she has a history of refusing to cooperate with the press, not responding to constituents, and being combative and discourteous from the dais. She also has taken actions that can be politely called reckless. There may be a path, however, to restoring order to the board.
The Free Lance-Star

The ruling by Oakland County (Michigan) Judge Jacob James Cunningham was a widespread slap in the face with an aristocratic glove, and an eye-popper to boot. Cunningham’s decision to deny a Freedom of Information Act request by Rochester Community School District parent Carol Beth Litkouhi to learn more about the curriculum of a History of Ethnic and Gender Studies class was that only public employees who work in the executive branch are considered public bodies for purposes of FOIA. We fully disagree with this narrow, dangerous interpretation, but it also points out an irony. By that reasoning, shouldn’t the head of the executive branch, i.e. Michigan’s governor, be subject to FOIA? The second highest in the executive branch, the lieutenant governor? The governor’s executive office? Their employees? What about the Legislature?
Traverse City Record-Eagle

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