Transparency News 1/7/16

State and Local Stories

HB 378 (Ferrell)
In directing the Workers Compensation Commission to create a fee schedule for medical reimbursements, a prohibition against release of information under FOIA
http://lis.virginia.gov/cgi-bin/legp604.exe?161+sum+HB378

HB 383 (Del. R. Marshall)
Removes any building permit submitted to a locality for final approval from an exclusion from the provisions of the Freedom of Information Act(FOIA)that otherwise protects confidential proprietary records of a private business pursuant to a nondisclosure agreement made with a public body and provides that any proposed plat, site plan, or plan of development that is officially submitted to the local planning commission for approval shall be considered a public record subject to disclosure under FOIA.
http://lis.virginia.gov/cgi-bin/legp604.exe?161+sum+HB383
 

 Follow these and other bills on VCOG's annual legislative chart 

The vice chairman of the state FOIA Council has submitted a bill that would exempt from the public the names of people who earn their living from the public's pocketbook. State Sen. Richard Stuart (R-28th), whose district includes parts of Stafford and Prince William counties, filed Senate Bill 202 on Jan. 5. The new language sharply reduces the salary figures that can be made public. It goes a step further, excluding the names of "any public officer, appointee or employee" from any database of public salaries. The bill is aimed somewhat at protecting the identity of the lowest paid public employees, but broadly expands that demographic. Existing law exempts from public disclosure the salaries of public employees who make $10,000 a year or less. Stuart's bill includes anyone who makes twice the federal minimum wage ($7.25 an hour) or less. That means neither the salary nor name of anyone making less than $30,320 would be public.
Inside NOVA (via Virginia Press Association)

Proposed changes to the Loudoun County Board of Supervisors Code of Conduct eliminates guideline to “allow al citizens, employees, or colleagues sufficient opportunity to present their views” and one that said “No money for speaking engagements. No exceptions.”
Loudoun Times Mirror


National Stories
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The Department of Defense proposed a new exemption from the Freedom of Information Act last year for information on unclassified “military tactics, techniques and procedures.” The measure was not adopted by Congress in the FY 2016 defense authorization act, but DoD is preparing to pursue it again this year. The proposal that was submitted to Congress last year would have exempted from disclosure military doctrine that “could reasonably be expected to risk impairment of the effective operation of the armed forces” and that had not already been publicly disclosed.
Secrecy News

The amount of Freedom of Information Act lawsuits brought forth against the government has soared under President Obama, hitting a record high in 2015. According to a new study released Tuesday by the FOIA Project, a research organization based at the University of Syracuse, a total of 498 FOIA lawsuits were filed in 2015–an increase from the previous record high of 421 lawsuits in 2014. Throughout Obama’s presidency to date, a total of 2,609 lawsuits have been filed seeking suppressed, redacted, or withheld information from the government.
Washington Free Beacon

A new lawsuit is demanding public release of emails from the executive branch's go-to office for legal advice: the Justice Department's Office of Legal Counsel. The Freedom of Information Act lawsuit, filed on New Year's Day by a lawyer for Vice News reporter Jason Leopold, seeks emails from the accounts of three former top officials at OLC: Marty Lederman, David Barron and Virginia Seitz.
Politico

Editorials/Columns

Henry Howell, the late Virginia populist, said there is more moving around in the dark besides Santa Claus. Bill Howell — no relation — is taking some steps to shine a little light. The latter Howell presides as speaker of the House of Delegates. The other day he announced new rules that will increase the openness of the budgeting process and legislating more generally. They include a 48-hour waiting period before a final vote on the state budget as well as publication of funding requests by state agencies and line items inserted during conference-committee deliberations. They also will do away with impromptu committee meetings held at lawmakers’ desks. This is excellent, and Howell deserves public thanks for taking such steps. But he shouldn’t stop there. Many bills are spiked in House subcommittees with voice votes that go unrecorded. This gives lawmakers a handy way to dispatch nettlesome legislation — such as measures to reduce the effect of gerrymandering — without having to take any individual responsibility. The rooms might not be filled with smoke as they once were, but a stench still lingers.
Richmond Times-Dispatch

Why is it when Virginia government takes one step forward when it comes to transparency and openness that it’s so often accompanied by two steps backward? Two news stories from just the past couple of days brought out this frustration on the part of open government advocates in the commonwealth and shine the light on Virginia’s rather haphazard approach to and lackadaisical attitude toward citizens knowing what their own government’s up to. First, the step forward, though. Speaker of the House Bill Howell, a Stafford County Republican, announced a handful of rules changes for the House of Delegates to vote on when the General Assembly convenes the 2016 session on Jan. 13. But, now the two steps backward. Sen. Richard Stuart of Fredericksburg has introduced a bill to raise the exemption for disclosing public employee salaries to more than $30,000. Our fear is this could be just the first step toward shutting off public access to all state salaries.
News & Advance

IF THEY WEREN’T so outrageous, the latest reports about Veterans Affairs would be just another example of the beleaguered federal agency’s incompetent record-keeping. But rampant violations of privacy — employees reading the medical records of coworkers, suicidal veterans and whistleblowers; letters erroneously sent to strangers outlining death and burial benefits for a veteran who died — show a systemic problem at hospitals, clinics, pharmacies and other veterans facilities. The vast majority of VA employees take seriously their mammoth responsibility to look after the men and women who honorably served this country. The employees who don’t should be disciplined, fired or fined. Sadly, accountability is something the VA seems loath to do. 
Virginian-Pilot