Transparency News 1/8/18

 
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Monday
January 8, 2018
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state & local news stories
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"House Clerk G. Paul Nardo said the move will represent a cultural change in Virginia’s politics."
The commonwealth is making a significant move this year to livestream and archive committee hearings of the General Assembly, which open government advocates have been pushing for years. The videos will begin Wednesday on the opening day of the General Assembly session. Last year, a majority of lawmakers signed a letter to Senate Clerk Susan Clarke Schaar and House Clerk G. Paul Nardo asking for broadcasting of committee hearings in the Pocahontas Building, where lawmakers are working for four years while a new General Assembly building is constructed. Nardo said the move will represent a cultural change in Virginia’s politics, also coming at a time when lawmakers — including many new faces — are moving into the temporary building.
Richmond Times-Dispatch

A feud between neighbors, spiked with an aged and weighty symbol of racism, has made its way this week from an unpaved side road off a dead-end street in Rocky Mount to the Virginia Supreme Court in Richmond. On Wednesday, the court’s seven justices will hear arguments in the case of Jack Eugene Turner, who is attempting to appeal a 2015 felony conviction he got in Franklin County after he hung a life-sized dummy from a tree branch in his yard on Lindsey Lane. That display came in June 2015, during a period when Turner, now 54, was at odds with his next-door neighbors, who are black. Prosecutors successfully argued in circuit court that he had violated a fairly new state law, established in 2009, which prohibits presenting a noose as a means of intimidation. The only Virginian ever convicted of this offense, Turner was sentenced to six months in jail and he served that time. But from the beginning, defense attorney Holland Perdue has argued that the hanging figure was protected as free speech under the First Amendment, and that the display existed on Turner’s own private property and not “on a highway or other public place” as the statute prohibits.
The Roanoke Times

The emails, generated on form letters, came like an avalanche, fast and furious enough that those who got them wondered whether the senders were real. But Paul Milde, then-chair of the Stafford Board of Supervisors who fielded more than 400 in seven days in December, knew many of them. They were people he’d represented for a dozen years. Curiously, they opposed a medical clinic a government contractor hoped to build on Stafford Hospital’s east campus—a project supervisors could find little bad about. Supervisors soon learned what they were up against: A Facebook page and a hastily launched website that claimed to represent Stafford Citizens for Smart Growth, but whose origin couldn’t be traced.
The Free Lance-Star
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stories of national interest
A judge has ruled that Fort Smith, Arkansas, officials violated the Freedom of Information Act in email exchanges from last year. The Times Record reports that the Sebastian County Circuit judge denied on Thursday the city's motion for summary judgment in a civil lawsuit that claims the city violated FOIA. Court documents show the judge granted summary judgment to Bruce Wade. Wade filed the lawsuit in June alleging city officials violated FOIA by conducting business through email instead of in a public meeting regarding potential actions the board of directors could take on the Civil Service Commission. 
KATV

Oregon Gov. Kate Brown announced on Friday that she selected a lawyer who has represented both individuals trying to obtain government records and agencies looking to protect theirs to become the state's first public records advocate. Ginger McCall is currently a lawyer in the U.S. Department of Labor where she handles matters including Freedom of Information Act lawsuits.   At Brown's behest, the Legislature created the position of public records advocate to mediate disputes between the public and state and local government agencies over which records should be released or kept confidential.  McCall's appointment to the position will be up for confirmation by the Senate in February.
The Oregonian

 
 
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Arkansas judge rules public business conducted through email violated state FOIA.
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editorials & coloumns
quote_3.jpg"One of the cornerstones of democracy in our state has a name guaranteed to drop your eyelids to half-mast."
IN THE LATEST twist in the 28th/88th District House of Delegates ballot debacle, it turns out that the late Fredericksburg Registrar Juanita Pitchford warned state elections officials two years ago that some voters in split precincts had been incorrectly assigned to the wrong legislative districts. “If a special election were to occur, we would have a problem,” Pitchford reportedly wrote in an email to the Virginia Board of Elections in March 2016. “If you look at the Legislative District Maps on the [General Assembly] website, those maps clearly show the splits, but that is in contradiction to the LANGUAGE of the Code!” However, Pitchford’s concerns were ignored. “Sorry this took so long, but you’ll be relieved to hear that everything is A-OK!” policy analyst Brooks Braun reportedly responded in May 2016, two months later. During the 2015 GOP primary, former House Speaker Bill Howell’s campaign reportedly also alerted state elections officials in Fredericksburg and Richmond about discrepancies in the 28th and 88th District maps after his opponent, Susan Stimpson, first raised questions about their accuracy.
The Free Lance-Star

One of the cornerstones of democracy in our state has a name guaranteed to drop your eyelids to half-mast. The Minnesota Government Data Practices Act needs a new title. Desperately. It is the law that forces bureaucrats to show us what they’re doing by making the vast majority of their records open to everyone. It also makes them protect the privacy of personal information that you hand over to the government, and it requires them to show you all the records they have collected about you. It is the reason the police cannot arrest and jail someone in secret. It is the reason you know how much public employees are paid. It’s the reason your city can’t hide how much it’s spending on sports arenas and legal settlements and decorative water fountains. So who cares what it’s called? Because open, accountable government is under siege. If we want to fight the forces of secrecy, we have to defend those institutions that keep our leaders operating in public view. That’s hard to do if those institutions have names at least seven intellectual steps removed from what they actually do.
James Eli Shiffer, Minneapolis Star Tribune

 

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