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All Access
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There was no newsletter yesterday, Feb. 12, or the day before, Feb. 11.
Follow the bills we follow. VCOG’s annual bill chart is up and running and will be updated daily throughout the legislative session. Click here
The Supreme Court of Virginia issued an opinion yesterday in a case related to both FOIA and the Government Data Collection and Dissemination Practices Act. The case involved a demoted law enforcement officer who sought internal-affairs files and videos from the Chesapeake Sheriff’s Office. He asked for the records through both FOIA and the GDCDPA. He lost at trial and at the Court of Appeals. The Supreme Court opinion affirms the FOIA part without any discussion or comment, but reverses the GDCDPA part. The Court of Appeals said he wasn’t entitled to some of the records because he wasn’t a “data subject” under the act. The Supreme Court, in a unanimous opinion, said he was. The ruling could make it easier for government employees to see an investigation file and then perhaps contest the accuracy of what’s in it.
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Higher Ed
[Click through for the best timeline of the FOIA saga I’ve ever seen]
One of the greatest tragedies in the history of the University of Virginia occurred on November 13, 2022 when three UVA student athletes were brutally and senselessly murdered by another student. The facts and the truth surrounding the University’s investigation and actions regarding the perpetrator PRIOR to the murders has never been disclosed to the public. The Ryan administration did everything in its power time and again to withhold all relevant information from the University community. Now, over two years later, a party who has assiduously attempted to reveal the facts and truth through Freedom of Information Act (FOIA) requests has a final court order demanding that the relevant actions of the UVA Threat Assessment Team be disclosed–however UVA continues to take evasive action by promising to produce documents and failing to do so. The time is long overdue for the University community, particularly the loved ones of the slain students, to learn who knew what and when, and what actions were and were not taken.
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Local
Warrenton will spend over $153,000 to find a new town manager, pay out the previous one and cover the cost of an interim one. At its meeting Tuesday, the Town Council voted unanimously to draw the money out of the general fund and water and sewer fund. … The resolution also includes $25,000 for the Bridgewater-based Berkeley Group executive search firm to find a permanent town manager. The firm will meet with the council on Friday morning in a special meeting to discuss a profile of town manager candidates and a timeline for the selection process. The resolution was included on the council’s consent agenda, meaning there was no discussion of it prior to the vote.
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Local
A hearing to determine whether Purcellville’s vice mayor and town manager will be tried together or separately after being arrested last July has been delayed one week after defense attorneys told a Loudoun County Circuit Court judge Thursday that they needed more time to prepare. Carl “Ben” Nett and Kwasi Fraser are charged with bid-rigging and commercial fraud. Nett is also facing a four additional charges of misusing a law-enforcement database. … According to Olsen’s filing, the indictments stem from a “scheme” by Nett and Fraser to rig the bid for the assessment contract. The purpose of the contract was to conduct an independent review of the Police Department, Fraser told the Town Council last year. At the time, Nettworked as an officer for the department. Olsen said facts in the case would show that Nett was under an internal investigation related to his employment at the Police Department, that Fraser was answerable directly to the Town Council which has hiring and firing control over the town manager, that Nett was in a position of power over Fraser, that they conspired to rig the bid for the contract, and that the purpose was directly related to Nett’s power as vice mayor and his position in the Police Department which was related to his desired promotion to the position of chief of police.
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VCOG’s annual FOI awards nomination form is open. Nominate your FOIA hero!
“Democracies die behind closed doors.” ~ U.S. District Judge Damon Keith, 2002
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