Sunshine Report for April 2023

APRIL SUNSHINE REPORT:
the month that was

March was all about access. March 16, James Madison's birthday, is FOI Day in Virginia. Sunshine Week was March 12-18. VCOG held its annual conference, the Supreme Court dropped a bombshell on electronic meetings, and VCOG released its survey of how well state agency websites informed the public about their FOIA rights and responsibilities. We also released a new format for our daily newsletter, so we thought we'd try our hand at something different for our monthly newsletter, too.

 

our annual conference

VCOG's held its first full-day conference since 2019 at the Brick Cellar in Charlottesville, where we presented three panels and two speakers to an audience of nearly 70. Pictured (top) is the panel on access issues for civilian review boards, which was followed by a presentation from Nate Jones of The Washington Post on his use of federal FOIA to break a story about retired military personnel taking jobs with foreign governments. Next up was a panel on technology solutions to FOIA fulfillment, and at lunch, we presented our 2023 citizen award for open government (bottom) to Laura Mollo (pictured with VCOG President Jeff South). Former House Minority Leader David Toscano gave a presentation on effective advocacy techniques for the General Assembly, and we closed out the day with a panel on legislation to shield judges' home addresses from land record databases.

VCOG raised over $8,000 with the generous support of our co-hosts, Threshold Counsel and Willcox Savage, and our many other sponsors and donors.

Check out our donors, the panelists and the materials that went with the panels and presentations on VCOG's conference website.

Conference Website

VCOG & SPJ survey state agency websites

In December and January, volunteers from VCOG and the Virginia chapter of the Society for Professional Journalists surveyed 114 state agency websites to see how well they complied with FOIA's rules on posting a link on the front page of the website and in explaining FOIA's rights and responsibilities.

What we found: Fewer than 12% of sites were either 100% or even nearly 100% in compliance nearly. We couldn’t find the required rights and responsibilities statement on 11% of the sites.

Read the report and check out the graphics detailing what else we found. The report includes links to the responses for each agency website, and the code sections referred to.

Read the report

VCOG Blog

Was it necessary?

As soon as the Berry v. Fairfax County opinion was released (see below), VCOG broke down of the opinion, explained the context and asked questions about the impact.

Read it now

VCOG Blog

We make FOIA hard

In response to a Washington Post storyabout school districts being flooded with records requests, VCOG wrote to point out that there's plenty of blame to go around.

Read it now

Richmond Magazine

Make FOIA bipartisan

VCOG explains how neither political party can claim to be the standard bearer for transparency, but there's no reason why they can't be if they just give it a try.

Read it now

SCOVA voids zoning revision
made during all-virtual meeting

 

The Supreme Court of Virginia voided a zoning revision passed by the Fairfax County Board of Supervisors at an all-virtual public meeting held in the first year of the pandemic emergency. The court said that neither the county's emergency continuity of government ordinance nor an amendment added to the 2020 budget gave the locality the authority to take action in an all-virtual meeting on anything that wasn't necessary, as in time-sensitive or otherwise essential. Fairfax County immediately reverted to its previous zoning system, but it and localities across the Commonwealth were left scrambling to figure out whether the ruling impacted any of their decisions.

Read the opinion

Updates Placeholder Image

open government in the news

It took the Virginia Board and Regional Jails 17 days (that's 5 working days, plus a 7-day extension, both allowed by FOIA, plus two weekends and a holiday), to tell WRIC that it was withholding all 50 of the records the station's request turned up.

The Front Royal-Warren County Economic Development Authority voted to approve two confidential settlements, so confidential that not only were the names and the amounts not disclosed, but neither was the name of the person the authority was settling with.

The Richmond Police Department said it would cost a requester at least $7,873 -- and the amount could end up higher -- just to get copies of the department's policies, commonly called "general orders." Despite the fact that many police departments post their general orders on their websites or provide them free of charge. The RPD said it would take 151 hours to read the policies for possible redactions. At that rate, said Richmond FOIA attorney Andrew Bodoh, it would take longer to review the policies than to read the entire Harry Potter series out loud.

After seeing texts he sent to fellow board members included in a story in The Washington Post, UVA Board of Visitors member Bert Ellis told his colleagues at the board's quarterly meeting that he had "learned my lesson about FOIA." The texts were critical of UVA student groups and administrators, calling the vice provost a "numnut," for example. Ellis said the messages were "private and confidential," but were still "out of place."

Attorney General Jason Miyares' office filed a subpoena to force Loudoun County Public Schools to release the report it commissioned in 2021 to examine its response to two high-profile sexual assaults in county schools. The school board has repeatedly voted against releasing the report, claiming it is protected in total by the exemption for attorney-client materials.

In February, NPR published a story about audio recordings documenting four executions carried out by the Department of Corrections between 1987 and 2017. The tapes -- there turned out to be 35 of them -- had been in the possession of the Library of Virginia, but after the NPR story aired, the DOC asked the library to hand the tapes over to them. Once in the possession of DOC, requests for them under FOIA have been denied.

A Pittsylvania County Circuit Court judge dismissed a FOIA lawsuit brought against the former chair of the county board of supervisors. The suit alleged that the chair and another board member -- who were two members of a three-member committee -- had a meeting without giving proper notice. The judge denied a subsequent motion to reconsider, which pointed out that while the chair testified in court that he hadn't met with his colleague, he also told reporters after the trial that he'd talked on the phone him.

 

 

 


According to the Mayor of Blackstone, the Virginia Freedom of Information Advisory Council has said that the mayor can meet with two members of the town council without triggering FOIA because according to the town charter, the mayor is not a member of the council. "We've got it on the record, and we got it from the FOIA people," he told council members.

A member of the Loudoun County School Board said she will be suing the county so that she can continue joining the board's meetings remotely. Saying that she has a permanent disability that prevents her from attending in-peron, Denise Corbo has not joined her colleagues since August 2021. Recently the board's chair has denied her requests to attend remotely, so Corbo said she had "no choice" but to sue for discrimination and harassment. 

The Virginia State Police is investigating the video of a September 2020 meeting of the Pittsylvania County Planning Commission. A Gretna man said the minutes of the meeting did not match what happened during the meeting, and he then discovered that the portion of the meeting video where the commission talked about a special use permit for a solar farm was missing. After reviewing a video of the entire meeting in the Chatham Star-Tribune's possession, the county confirmed a portion was deleted inadvertently due to the manual "stitching" process of combining multiple 15-minute videos into one composite file.

Norfolk residents were asked to weigh in with their opinions of the finalists for chief of police. However, the residents were not given any identifying information, only their responses to a series of questions.

Attorneys for two of the defendants charged in the death of Irvo Otieno tried to stop the Dinwiddie Commonwealth's Attorney from releasing video from the Central State Hospital that showed how seven Henrico sheriff deputies and three hospital employees held Otieno down until he suffocated. The attorneys also sought to place a gag order on the CA. News outlets had already obtained access to the video since it was filed in the court case file, and a judge denied the gag order motion.

News that a member of the Augusta County Board of Supervisors was resigning was included a staff briefing that was live-streamed to the public. Another supervisor requested that the video be continued. News of the resignation needs to be public, he said, "We need to have transparency."

In one body cam video, an officer tells a colleague that he yelled to the man he just fatally shot to, "Let me see your hands." However, on the video released by Fairfax County, no such command can be heard.
 

The Portsmouth City Council adopted a rule in March to prohibit video recording from behind the dais, a move that one council member says targets him directly because he uses his phone to livestreams meetings to Facebook from his seat.

twitter threads

FOIA is not "extra"

FOIA is not an extra or other function. FOIA is a statute -- with penalties for noncompliance -- on par with any other statutory requirement. It is not an opportunity cost unless some other statutory duty canNOT be done.

keep reading

FOIA is about power

If you hadn't gotten the memo that FOIA is about power, not parties, consider the Zoom call we just had where reps from 7 state open govt coalitions all complained about attacks in their states on open records laws, outrageous fees and the move to anonymize government employees. Those 7 states are....

keep reading

Categories: