Transparency News, 10/6/20
Tuesday
October 6, 2020
October 6, 2020
state & local news stories
Albemarle County’s waiver of state mandated response deadlines for public records requests violates Virginia state law, according to the state’s attorney general. In a three-page advisory opinion released Monday, Mark Herring holds that state law “does not empower a locality to modify or indefinitely extend the deadlines for responding to requests for records set forth in … the Virginia Freedom of Information Act. The time limits for responding to requests for records in VFOIA remain in place and must be complied with even during the current emergency.” An Albemarle spokeswoman was not available for comment Monday. At the behest of Charlottesville Tomorrow and the Virginia Coalition for Open Government, Del. Sally Hudson, D-Charlottesville, in September requested Herring’s review of Albemarle’s ordinance.
Charlottesville Tomorrow
Attorney General Mark Herring has issued an advisory opinion warning local governments that the state’s open government laws remain in effect during the state of emergency declared in response to the COVID-19 pandemic—which could have a bearing on Loudoun County’s own emergency rules. Attorney General Mark Herring has issued an advisory opinion warning local governments that the state’s open government laws remain in effect during the state of emergency declared in response to the COVID-19 pandemic—which could have a bearing on Loudoun County’s own emergency rules. Local governments cannot relax those deadlines, Herring wrote, quoting state law: “…Because VFOIA specifically states that ‘[a]ny ordinance adopted by a local governing body that conflicts with the provisions [VFOIA] shall be void,’ any such ordinance would be without legal effect.” Therefore, he wrote, “The time limits for responding to requests for records in VFOIA remain in place and must be complied with even during the current emergency.” Despite the state of emergency, Loudoun Now has seen no slowing of responses to requests from the newspaper.
LoudounNow.com
Members of the JMU administration briefed the university's Board of Visitors about the school's reopening plan on Sept. 18 in an online meeting, though there was never a formal vote from the Board on aspects of the plan, university spokesperson Caitlyn Read said. The Board decided against allowing public comment during the meeting, instead sending people with concerns to an online form advertised as "written input with the board regarding JMU’s plans for resuming in-person learning and full campus operations." The Board was told 12 days after that meeting it would receive a link to the comments after The Breeze received them, according to an email from Board secretary Donna Harper that The Times-Dispatch obtained through a Freedom of Information Act request. Harper's email, sent last Wednesday, also directed Board members to allow Rector Lara Major to respond to questions from reporters. Read said in an email that historically attendance at Board meetings -- with the exception of tuition meetings -- has been very low, adding that when there was a digital way to submit feedback, they'd gotten a bigger response. Read, Harper and Major didn't respond to questions from The Times-Dispatch Monday about why the Board didn't have access to the comments until after The Breeze asked about them.
Richmond Times-Dispatch
Albemarle County spent about $106,000 to remove its Confederate statue and hold an event around the statue’s eviction. According to documents obtained through a Freedom of Information Act request, the Sept. 12 removal of the “At Ready” soldier statue, its base, two cannons, a pile of cannonballs and the lights around it cost the county about $60,800, but there were additional costs for staff overtime, barricades and other items for the event. The county stayed under its budget of $130,000, which was approved by the Board of Supervisors on Aug. 19, and came from its reserve for contingencies. Albemarle encouraged those who were interested in watching the removal not to come to downtown Charlottesville, but to instead watch over a livestream due to the county and city’s COVID ordinances, which prohibit gatherings of more than 50 people. The county paid Spectrum Integrators $12,909 to produce and film the live event.
The Daily Progress
Charlottesville Tomorrow
Attorney General Mark Herring has issued an advisory opinion warning local governments that the state’s open government laws remain in effect during the state of emergency declared in response to the COVID-19 pandemic—which could have a bearing on Loudoun County’s own emergency rules. Attorney General Mark Herring has issued an advisory opinion warning local governments that the state’s open government laws remain in effect during the state of emergency declared in response to the COVID-19 pandemic—which could have a bearing on Loudoun County’s own emergency rules. Local governments cannot relax those deadlines, Herring wrote, quoting state law: “…Because VFOIA specifically states that ‘[a]ny ordinance adopted by a local governing body that conflicts with the provisions [VFOIA] shall be void,’ any such ordinance would be without legal effect.” Therefore, he wrote, “The time limits for responding to requests for records in VFOIA remain in place and must be complied with even during the current emergency.” Despite the state of emergency, Loudoun Now has seen no slowing of responses to requests from the newspaper.
LoudounNow.com
Members of the JMU administration briefed the university's Board of Visitors about the school's reopening plan on Sept. 18 in an online meeting, though there was never a formal vote from the Board on aspects of the plan, university spokesperson Caitlyn Read said. The Board decided against allowing public comment during the meeting, instead sending people with concerns to an online form advertised as "written input with the board regarding JMU’s plans for resuming in-person learning and full campus operations." The Board was told 12 days after that meeting it would receive a link to the comments after The Breeze received them, according to an email from Board secretary Donna Harper that The Times-Dispatch obtained through a Freedom of Information Act request. Harper's email, sent last Wednesday, also directed Board members to allow Rector Lara Major to respond to questions from reporters. Read said in an email that historically attendance at Board meetings -- with the exception of tuition meetings -- has been very low, adding that when there was a digital way to submit feedback, they'd gotten a bigger response. Read, Harper and Major didn't respond to questions from The Times-Dispatch Monday about why the Board didn't have access to the comments until after The Breeze asked about them.
Richmond Times-Dispatch
Albemarle County spent about $106,000 to remove its Confederate statue and hold an event around the statue’s eviction. According to documents obtained through a Freedom of Information Act request, the Sept. 12 removal of the “At Ready” soldier statue, its base, two cannons, a pile of cannonballs and the lights around it cost the county about $60,800, but there were additional costs for staff overtime, barricades and other items for the event. The county stayed under its budget of $130,000, which was approved by the Board of Supervisors on Aug. 19, and came from its reserve for contingencies. Albemarle encouraged those who were interested in watching the removal not to come to downtown Charlottesville, but to instead watch over a livestream due to the county and city’s COVID ordinances, which prohibit gatherings of more than 50 people. The county paid Spectrum Integrators $12,909 to produce and film the live event.
The Daily Progress
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