Roanoke Times editorial: Revelations found in public records
Revelations found in public records
http://www.roanoke.com/editorials/commentary/wb/154773
Virginia's Freedom of Information Act presumes that all government records -- unless specifically exempted -- are open to the public.
Every day, citizens from all walks of life use provisions of what is called FOIA (pronounced foy-a) to look at records from their governments. If you've ever logged onto government-hosted Web sites and looked at property assessments, court cases, meeting minutes, proposed legislation, budgets, filings about utility rate increases, you've benefited from the protections afforded Virginians under their right-to-know law.
Most records requests are so commonplace, such as an accident report, that neither the person seeking the information nor the public guardian of the record thinks much about the exchange of information.
Sometimes, though, records are a little harder to come by, especially those that aren't on the frequently requested list or that could prove embarrassing to public officials. To gain access, a more formal process -- the filing of a written FOIA request -- is required.
During the past year, Roanoke Times writers relied on FOIA in reporting many stories. The following are some that had an impact:
The Dowe debacle
In late January, reporter Laurence Hammack received a tip suggesting that he look into the travel expense reports of Roanoke Councilman Alfred Dowe. What Hammack uncovered led to Dowe resigning in disgrace.
Hammack made a FOIA request to examine the mayor's and city council members' expense reports. By comparing Dowe's with the others, Hammack used the records to document what at first appeared to be extremely poor judgment on Dowe's part.
The councilman, with nearly $15,000 worth of charges in 2007, spent far and above the others.
Other documents subsequently obtained by Hammack from the state proved far more damaging. Hammack compared expense vouchers filed by Dowe with both the city and the state and found that Dowe billed both entities for five trips he took to Richmond to attend Department of Criminal Justice Service meetings.
That revelation led to a poignant moment in which Mayor Nelson Harris, having invited Dowe to his home to discuss Hammack's findings, requested Dowe's resignation, which he typed that evening on the mayor's computer.
Salem council retreats from public's eye
Sometimes one public document will lead to a request for others, as reporter Marquita Brown discovered.
Everyone expected that Salem City Council planned to adjourn a September meeting. But once the crowd had thinned and the time grew late, council members instead voted to recess for the night and meet again four days later at the Resort at Glade Springs in Daniels, W.Va.
Technically, Salem council was within the letter of Virginia's open meeting law: Members took action during a public meeting and they say they didn't intend to hide the retreat. But council stretched the spirit of the law. Salem planned for months to send city employees on the retreat; it is unclear how much advance notice council members had before voting to join them. What is clear is that the public had scant notice.
Council did little to let the people who paid for their trip know they were going or that the public was welcome to join them (at their own expense, naturally).
Brown learned about the retreat from a routine public document, minutes of the West Virginia meeting, that Salem's assistant city manager shared with her.
Her initial reaction was one of puzzlement that the meeting had taken place, so she began to ask questions. Brown didn't encounter difficulty in learning after the fact about the trip and what city leaders thought they had gained from the excursion.
She did, though, run into trouble trying to determine the cost to taxpayers. Her initial story quoted Salem officials' estimate of $9,160. After submitting a FOIA request, Brown later documented that the trip actually cost taxpayers $21,142.
Even watchdogs sometimes stray
Matt Chittum was covering the Roanoke Redevelopment and Housing Authority in August when he filed a FOIA request for the expense reports of Ellis Henry, the agency's recently departed director.
Henry came to Roanoke in May 2006 to head the agency and was not long on the job when a citizen made a FOIA request to view information regarding contracts between the authority and The Issues Management Group.
A month later, Henry presented the authority board with a 400-page report raising questions about 11 IMG contracts valued at more than $1 million. The report was forwarded to HUD, an audit ensued and eventually the authority agreed to repay HUD $1.3 million that was misspent due to conflicts of interest and improper bidding of public contracts.
Ironically, one of Henry's questionable expenses later uncovered by Chittum was the purchase of drinks during a dinner at the Metro with HUD officials who were conducting the audit.
The authority board asked Henry to pay back $30,000 worth of what they termed nonallowable expenses, including airplane rides and computer equipment that he charged during his year-long tenure. Henry has yet to remit.
Sometimes FOIA doesn't help to explain events
In the wake of the Virginia Tech shootings last April there was a compelling need for the community to understand how the events of the tragic morning unfolded. As with any tragedy, rumors, misinformation and speculations fuel conversations. The scale of this massacre -- which left 33 students and faculty dead -- prompted many unanswered questions and accusations.
The Roanoke Times wanted to tell as complete and accurate story as it could. Among the records sought, the newspaper filed FOIA requests seeking recordings of the 36 calls to 911, records pertaining to the police investigation at Norris Hall and West Ambler Johnston Hall and mental health records of the shooter's encounter with New River Valley Community Services.
The Times joined a coalition, including The (Norfolk) Virginian Pilot, The Washington Post and Associated Press, that worked together to seek 911 recordings and Seung-Hui Cho's scholastic records. FOIA requests filed by the members individually, and by an attorney representing the group, all were denied on grounds of an ongoing investigation or the Family Educational Rights and Privacy Act.
While a judge promptly in the wake of the shooting released a summary of Cho's temporary detention order and commitment hearing, his medical and education records remain protected under U.S. privacy laws -- even though it could be argued that with his death, Cho's privacy no longer needs protecting.
Luanne Traud for The Roanoke Times editorial board.
http://www.roanoke.com/editorials/commentary/wb/154773
Virginia's Freedom of Information Act presumes that all government records -- unless specifically exempted -- are open to the public.
Every day, citizens from all walks of life use provisions of what is called FOIA (pronounced foy-a) to look at records from their governments. If you've ever logged onto government-hosted Web sites and looked at property assessments, court cases, meeting minutes, proposed legislation, budgets, filings about utility rate increases, you've benefited from the protections afforded Virginians under their right-to-know law.
Most records requests are so commonplace, such as an accident report, that neither the person seeking the information nor the public guardian of the record thinks much about the exchange of information.
Sometimes, though, records are a little harder to come by, especially those that aren't on the frequently requested list or that could prove embarrassing to public officials. To gain access, a more formal process -- the filing of a written FOIA request -- is required.
During the past year, Roanoke Times writers relied on FOIA in reporting many stories. The following are some that had an impact:
The Dowe debacle
In late January, reporter Laurence Hammack received a tip suggesting that he look into the travel expense reports of Roanoke Councilman Alfred Dowe. What Hammack uncovered led to Dowe resigning in disgrace.
Hammack made a FOIA request to examine the mayor's and city council members' expense reports. By comparing Dowe's with the others, Hammack used the records to document what at first appeared to be extremely poor judgment on Dowe's part.
The councilman, with nearly $15,000 worth of charges in 2007, spent far and above the others.
Other documents subsequently obtained by Hammack from the state proved far more damaging. Hammack compared expense vouchers filed by Dowe with both the city and the state and found that Dowe billed both entities for five trips he took to Richmond to attend Department of Criminal Justice Service meetings.
That revelation led to a poignant moment in which Mayor Nelson Harris, having invited Dowe to his home to discuss Hammack's findings, requested Dowe's resignation, which he typed that evening on the mayor's computer.
Salem council retreats from public's eye
Sometimes one public document will lead to a request for others, as reporter Marquita Brown discovered.
Everyone expected that Salem City Council planned to adjourn a September meeting. But once the crowd had thinned and the time grew late, council members instead voted to recess for the night and meet again four days later at the Resort at Glade Springs in Daniels, W.Va.
Technically, Salem council was within the letter of Virginia's open meeting law: Members took action during a public meeting and they say they didn't intend to hide the retreat. But council stretched the spirit of the law. Salem planned for months to send city employees on the retreat; it is unclear how much advance notice council members had before voting to join them. What is clear is that the public had scant notice.
Council did little to let the people who paid for their trip know they were going or that the public was welcome to join them (at their own expense, naturally).
Brown learned about the retreat from a routine public document, minutes of the West Virginia meeting, that Salem's assistant city manager shared with her.
Her initial reaction was one of puzzlement that the meeting had taken place, so she began to ask questions. Brown didn't encounter difficulty in learning after the fact about the trip and what city leaders thought they had gained from the excursion.
She did, though, run into trouble trying to determine the cost to taxpayers. Her initial story quoted Salem officials' estimate of $9,160. After submitting a FOIA request, Brown later documented that the trip actually cost taxpayers $21,142.
Even watchdogs sometimes stray
Matt Chittum was covering the Roanoke Redevelopment and Housing Authority in August when he filed a FOIA request for the expense reports of Ellis Henry, the agency's recently departed director.
Henry came to Roanoke in May 2006 to head the agency and was not long on the job when a citizen made a FOIA request to view information regarding contracts between the authority and The Issues Management Group.
A month later, Henry presented the authority board with a 400-page report raising questions about 11 IMG contracts valued at more than $1 million. The report was forwarded to HUD, an audit ensued and eventually the authority agreed to repay HUD $1.3 million that was misspent due to conflicts of interest and improper bidding of public contracts.
Ironically, one of Henry's questionable expenses later uncovered by Chittum was the purchase of drinks during a dinner at the Metro with HUD officials who were conducting the audit.
The authority board asked Henry to pay back $30,000 worth of what they termed nonallowable expenses, including airplane rides and computer equipment that he charged during his year-long tenure. Henry has yet to remit.
Sometimes FOIA doesn't help to explain events
In the wake of the Virginia Tech shootings last April there was a compelling need for the community to understand how the events of the tragic morning unfolded. As with any tragedy, rumors, misinformation and speculations fuel conversations. The scale of this massacre -- which left 33 students and faculty dead -- prompted many unanswered questions and accusations.
The Roanoke Times wanted to tell as complete and accurate story as it could. Among the records sought, the newspaper filed FOIA requests seeking recordings of the 36 calls to 911, records pertaining to the police investigation at Norris Hall and West Ambler Johnston Hall and mental health records of the shooter's encounter with New River Valley Community Services.
The Times joined a coalition, including The (Norfolk) Virginian Pilot, The Washington Post and Associated Press, that worked together to seek 911 recordings and Seung-Hui Cho's scholastic records. FOIA requests filed by the members individually, and by an attorney representing the group, all were denied on grounds of an ongoing investigation or the Family Educational Rights and Privacy Act.
While a judge promptly in the wake of the shooting released a summary of Cho's temporary detention order and commitment hearing, his medical and education records remain protected under U.S. privacy laws -- even though it could be argued that with his death, Cho's privacy no longer needs protecting.
Luanne Traud for The Roanoke Times editorial board.
