Transparency News 12/11/15
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Virginia Coalition for Open Government
Friday, December 11, 2015
State and Local Stories
Changes to the Virginia Freedom of Information act – which gives local law enforcement agencies the authority to withhold records, may be discussed when the Virginia General Assembly is back in session in January. During an annual legislative workshop, some supervisors met with four of Hanover’s five representatives in the state legislature Dec. 3 at Randolph-Macon College. The board of supervisors believes that withholding such records as video footage from body cameras or dashboard cameras would help protect citizens and their privacy.
Herald-Progress
In an opinion issued Nov. 25, the U.S. District Court for the Eastern District of Virginia ruled that the FBI did not comply with the terms of the federal Freedom of Information Act when responding to a request made by the Virginian-Pilot for records related to the death of two FBI agents during a training exercise in Virginia Beach. The FBI failed to perform an adequate search and did not respond in time. However, once the agency did perform the search, they correctly withheld the records under FOIA’s exemptions. Though it did not receive the records, the Pilot was determined to be the “prevailing party,” meaning it will be eligible for attorney fees.
Read the opinion
A tweet from the Washington Coalition for Open Government:
“A bill allowing records requests limited to in-state requestors was introduced in WA state.”
Since the Supreme Court ruled in 2013 that Virginia’s citizens-only limitation was OK, a handful of states have attempted to impose their own restriction. So far, none have been successful.
National Stories
Nevada Gov. Brian Sandoval has weak legal and public policy grounds to defend his decision to withhold text messages between himself and the leadership of NV Energy, according to open government experts, if the examples in other states and cities were to be followed in Nevada. Courts and attorneys general in at least 18 states have addressed the issue, of which “decisions have overwhelmingly favored public access,” according to a paper written by Joey Senat, a professor who teaches media law at Oklahoma State University. As of 2014, the law in 15 states requires correspondence related to state business to be turned over in public records requests — even if that information is stored on private phones or computers.
Las Vegas Sun
It may never publicly be revealed who from the Warren County (NJ) jail took publicly-owned generators for personal use during Superstorm Sandy blackouts, but a court has ruled that the investigation into their actions is fair game. Redacted records detailing the probe — but omitting the names of the accused or witnesses — should be released by the county, according to a New Jersey Appellate Division opinion released Wednesday. A state court has upheld a ruling that Warren County should release records of the investigation into sheriff's officers who used county-owned generators after Superstorm Sandy, but the identities of the accused will be redacted. The Appellate decision upholds a lower court's ruling from two years ago. It gives the county 30 days to release the records or appeal.
Lehigh Valley Live
The city of Wichita has denied a request to release a police body camera recording from the shooting of a teenager on Friday, saying that it is part of an ongoing investigation. In October, the city announced its new body camera recording policy, along with the requirements for recordings to be released as open records. The city is in the process of deploying body cameras for more than 400 patrol officers at an estimated cost of about $2.2 million. Part of that is paid by grants. The new Police Department policy states: "The Wichita Police Department is committed to the ideal that it exists to serve the interests of its citizens. Toward that goal, it is the City of Wichita's mission and intent to create and maintain open and transparent government, including the release of videos beyond the necessary requirements of state law.... To accomplish the mission of open and transparent government, the Wichtia Police Department has created this policy. Consistent with the City's existing approach to Open Records, it is the City's intent to aid those who are seeking information in a manner that favors compliance with requests, within the boundaries of state and federal law." City leaders have consistently said they support the use of body cameras as a way to increase transparency of police actions. Mayor Jeff Longwell said that in this case, the decision not to release the video is left to District Attorney Mark Bennett because he is considering whether to charge the teen.
Governing
Virginia Coalition for Open Government
Friday, December 11, 2015
State and Local Stories
Changes to the Virginia Freedom of Information act – which gives local law enforcement agencies the authority to withhold records, may be discussed when the Virginia General Assembly is back in session in January. During an annual legislative workshop, some supervisors met with four of Hanover’s five representatives in the state legislature Dec. 3 at Randolph-Macon College. The board of supervisors believes that withholding such records as video footage from body cameras or dashboard cameras would help protect citizens and their privacy.
Herald-Progress
In an opinion issued Nov. 25, the U.S. District Court for the Eastern District of Virginia ruled that the FBI did not comply with the terms of the federal Freedom of Information Act when responding to a request made by the Virginian-Pilot for records related to the death of two FBI agents during a training exercise in Virginia Beach. The FBI failed to perform an adequate search and did not respond in time. However, once the agency did perform the search, they correctly withheld the records under FOIA’s exemptions. Though it did not receive the records, the Pilot was determined to be the “prevailing party,” meaning it will be eligible for attorney fees.
Read the opinion
A tweet from the Washington Coalition for Open Government:
“A bill allowing records requests limited to in-state requestors was introduced in WA state.”
Since the Supreme Court ruled in 2013 that Virginia’s citizens-only limitation was OK, a handful of states have attempted to impose their own restriction. So far, none have been successful.
National Stories
Nevada Gov. Brian Sandoval has weak legal and public policy grounds to defend his decision to withhold text messages between himself and the leadership of NV Energy, according to open government experts, if the examples in other states and cities were to be followed in Nevada. Courts and attorneys general in at least 18 states have addressed the issue, of which “decisions have overwhelmingly favored public access,” according to a paper written by Joey Senat, a professor who teaches media law at Oklahoma State University. As of 2014, the law in 15 states requires correspondence related to state business to be turned over in public records requests — even if that information is stored on private phones or computers.
Las Vegas Sun
It may never publicly be revealed who from the Warren County (NJ) jail took publicly-owned generators for personal use during Superstorm Sandy blackouts, but a court has ruled that the investigation into their actions is fair game. Redacted records detailing the probe — but omitting the names of the accused or witnesses — should be released by the county, according to a New Jersey Appellate Division opinion released Wednesday. A state court has upheld a ruling that Warren County should release records of the investigation into sheriff's officers who used county-owned generators after Superstorm Sandy, but the identities of the accused will be redacted. The Appellate decision upholds a lower court's ruling from two years ago. It gives the county 30 days to release the records or appeal.
Lehigh Valley Live
The city of Wichita has denied a request to release a police body camera recording from the shooting of a teenager on Friday, saying that it is part of an ongoing investigation. In October, the city announced its new body camera recording policy, along with the requirements for recordings to be released as open records. The city is in the process of deploying body cameras for more than 400 patrol officers at an estimated cost of about $2.2 million. Part of that is paid by grants. The new Police Department policy states: "The Wichita Police Department is committed to the ideal that it exists to serve the interests of its citizens. Toward that goal, it is the City of Wichita's mission and intent to create and maintain open and transparent government, including the release of videos beyond the necessary requirements of state law.... To accomplish the mission of open and transparent government, the Wichtia Police Department has created this policy. Consistent with the City's existing approach to Open Records, it is the City's intent to aid those who are seeking information in a manner that favors compliance with requests, within the boundaries of state and federal law." City leaders have consistently said they support the use of body cameras as a way to increase transparency of police actions. Mayor Jeff Longwell said that in this case, the decision not to release the video is left to District Attorney Mark Bennett because he is considering whether to charge the teen.
Governing
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