Transparency News 10/2/17

Monday, October 2, 2017


Nominations are being accepted for VCOG’s Freedom of Information Awards, to be presented in the fall of 2017. Entries should be submitted by October 9, 2017, by filling out the form linked above or by mailing the same information to VCOG, P.O. Box 2576, Williamsburg VA  23187.

State and Local Stories

The council on Monday will consider the proposal, introduced by 2nd District Councilwoman Kimberly Gray and 4th District Councilwoman Kristen Larson, asking the General Assembly to eliminate from the City Charter a provision stipulating Mayor Levar Stoney or his designee can sit in on its closed meetings held in accordance with the Virginia Freedom of Information Act. The council could still invite Stoney or members of his administration to closed sessions, but the mayor would no longer be entitled to a seat at the table. Gray and Larson said in separate interviews that removing the provision is necessary to protect the privacy of council appointees when the nine-member body discusses employment matters.
Richmond Times-Dispatch

Abingdon Town Council and the town attorney are appealing a recent decision in favor of a lawsuit that accused them of violating the Freedom of Information Act. Mark Flynn, the town’s attorney, submitted the appeal Thursday in Washington County Circuit Court and asked that a trial be set “at the earliest convenience.” The lawsuit said that a letter Town Attorney Deborah Icenhour sent to a judge requesting guidance on the behavior of Councilwoman Cindy Patterson, who was charged with misdemeanor domestic assault, violated public meetings law because it was not discussed during a public meeting. Patterson has since been found not guilty. Icenhour sent the letter on behalf of Mayor Cathy Lowe, Vice Mayor Rick Humphreys and Councilman Bob Howard. Patterson and Councilman Wayne Craig were not made aware of the letter. Patterson later learned of it through a judge. On Sept. 19, Judge Danny Bird, a retired district judge, ruled in favor of the lawsuit and signed an order outlining his decision that was written at his request by Barry Proctor, the attorney who represented the man who filed the lawsuit. The order was filed in Washington County General District Court on Sept. 25.
Bristol Herald Courier



National Stories
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The Greenwich (Connecticut) Emergency Medical Service will appeal a state Freedom Of Information Commission ruling that found the ambulance service should be held to the same transparency standards as government departments even though it is an independent agency. The FOIC in August upheld a ruling from 1988 that put GEMS under public agency open records laws. GEMS contracts with the town to provide ambulance services. Because of its independent status, its leaders have argued it should not be subject to government open records laws. They decided to appeal that ruling in state Superior Court following a Sept. 25 meeting of the agency’s board of directors.
Greenwich Time

After the Illinois attorney general's office ruled that the Aurora police improperly denied a petition by The Beacon-News for a dashcam video, Aurora police Chief Kristen Ziman accused the paper of making unnecessary requests. Ziman released the video via Facebook and included a message likening the reporter's requests for information to "fishing expeditions." She said some requests failed to result in a story based on data received. But Don Craven, an attorney with the Illinois Press Association, said many requests do not result in a news story. Businesses, residents, insurance companies and others use the law to access information. Companies, for instance, use the law to determine how to best bid for government contracts or to see where money is spent, said Molly Center, communications specialist for the city of Elgin. Craven said the laws that provide access to public records — commonly known as sunshine laws — are not designed to play "gotcha" with police or public officials but to help the public and media act as watchdogs.
Chicago Tribune

The FBI doesn't have to identify the company it contracted with to hack an iPhone used by one of the terrorists involved in the 2015 mass shooting in San Bernardino, California, a federal judge ruled Saturday. Three news organizations sued the FBI a year ago under the Freedom of Information Act to learn the name of the company it hired to hack into the iPhone 5C or how much it paid that vendor. But US District Court Judge Tanya Chutkan ruled Saturday that information is exempt from mandatory disclosure under the government transparency law.
CNET News

The National Security Agency warned senior White House officials in classified briefings that improper use of personal cellphones and email could make them vulnerable to espionage by Russia, China, Iran and other adversaries, according to officials familiar with the briefings. The briefings came soon after President Donald Trump was sworn into office on Jan. 20, and before some top aides, including senior adviser Jared Kushner, used their personal email and phones to conduct official White House business, as disclosed by POLITICO this week.
Politico



Editorials/Columns


Books are knowledge. Books challenge us intellectually. Books can upset us, offend us and anger us. That’s why the American Library Association (ALA) observes Banned Book Week every year to highlight the power of the printed word and the often vitriolic response to the ideas that a single publication can convey. Ultimately though, Banned Book Week can be considered a celebration — of the freedom of the press, the free and open access to knowledge and the power of ideas, expressed in the written word, that can challenge us, upset us or are unpopular.
News & Advance