Transparency News 2/3/17
Friday, February 3, 2017
State and Local Stories
State and Local Stories
A bill to make it illegal to name an officer involved in a police shooting until an after investigation is complete or six months has passed moved forward here Thursday. House Bill 2043 was contested by open government advocates and backed by police groups. Sponsoring Del. Jackson Miller, a former officer, said the bill is meant to protect law enforcement and their families in the charged atmosphere that often follows officer-involved shootings. Law enforcement agencies can release every detail about a shooting except the officers' names, Miller told legislators Thursday. Identifying an officer involved would be a Class 1 Misdemeanor, the most serious misdemeanor on Virginia's books, punishable by up to a year in jail.
Daily Press
A bill to prohibit Virginia law enforcement agencies from quickly identifying officers involving in shootings passed a House of Delegates committee Thursday on an 11-8 vote. The bill, which could make it a crime to identity an officer before six months have passed since a shooting or an investigation is completed, cleared the House General Laws Committee and now heads to the floor for a full vote. Two Republicans and six Democrats opposed the bill in the GOP-controlled committee. The legislation, pitched as a way to protect police officers and their families during tense times, is supported by rank-and-file law enforcement groups. It has drawn opposition from transparency advocates and the NAACP, who fear it could erode trust and block local police chiefs from handling situations as they see fit. “We know that local law enforcement at that level has an opportunity to make the right decision,” said Robert
Richmond Times-Dispatch
Legislation that would generally require local government and other public bodies to include public comment periods in their meetings went down in committeeThursday. House Bill 2223 had exceptions for work sessions and obscure appointed commissions. It also had an out for floor sessions of the Virginia House and Senate. It was tabled, though, by the House Committee on General Laws, which will forward the bill to the state's Freedom of Information Council for more study. The council has already reviewed this idea within the last year.
Daily Press (4th item down)
A prominent Republican lawmaker sent letters to colleagues this week saying five bills, most of them related to abortion, would not be taken up in committee, sparking outrage among pro-choice advocates who said important legislation dealing with women's health had been buried without a hearing. Del. David B. Albo, R-Fairfax, also unilaterally quashed two anti-abortion bills from conservative lawmakers, including a controversial measure to ban abortions after 20 weeks of pregnancy. In letters dated Wednesday, Albo said the House of Delegates courts committee he chairs would have to meet late Friday night or over the weekend to take up political bills that he thinks have no chance of becoming law. Lawmakers are coming up on Tuesday's deadline to finish work on their bills and, if passed, send them to the other chamber.
Richmond Times-Dispatch
Well, yes. It has been a busy time for the General Assembly. And it's a short session. And there's some legislation that every knows is either going to be killed by an overwhelming conservative House of Delegates or vetoed by Democratic Gov. Terry McAuliffe. So, after the House Criminal Law subcommittee worked away until 10 p.m. Monday, the full Courts of Justice committee chairman Del. Dave Albo, R-Springfield, started fretting that time was running out. He's decided the committee is running out of time ahead of the Feb. 8 "crossover day" deadline for getting bills over to the Senate. "I need to be fair in allocating the limited time we have here in Richmond," he wrote [in a letter]. “Rather than spending too much time on issues that will not become law, I think it is best that we work on ... issues that have a chance of becoming law."
Daily Press
Much of a legislative session is spent on matters that never become laws. Whether that’s a waste of time or a crucial part of the democratic process came up for unusual debate Thursday after a committee chairman in the House of Delegates decided that it was time to move things along. Del. David B. Albo (R-Fairfax), who chairs the House Courts of Justice committee, decided that seven bills dealing with thorny issues of constitutional law were simply not worth discussing because they’ll never be enacted.
Washington Post
A group of senators on Thursday briefly debated a touchy subject - whether they should prohibit themselves from using their campaign funds for personal use. The debate happened during a meeting of the Senate Privileges and Elections Committee on the Senate floor just after adjournment, prompting a complaint from Sen. Amanda F. Chase, R-Chesterfield, that holding the meeting on the floor was not transparent for the public. Two reporters in the chamber stood by as senators discussed it.
Richmond Times-Dispatch
Virginia Beach's School Board went through a kind of relationship therapy at its retreat this week, with members acknowledging politics have created tension. But they seemed to agree the session was helpful and that they're going to try to improve the situation.
Virginian-Pilot
The Portsmouth City Council will gather in Wakefield today to shape a vision for the city. Council members will spend two days discussing ways to better work with staffers and the community. Mayor John Rowe has touted the open-ended meeting as a way to unify public officials after an election cycle that highlighted deep divisions. The location drew objection from Councilman Mark Whitaker, who was the only dissenting vote and asked city officials how much it would cost to hold the event there instead of in Portsmouth. “I’m opposed to the cost, and also ... it is a transparency issue,” Whitaker said, noting the distance could keep some residents from attending. Meeting regular Mark Geduldig-Yatrofsky, who urged the group not to hold the retreat so far from Portsmouth, asked the city to live-stream video of the event for those who can’t go. Woodson said that won’t happen.
Virginian-Pilot
National Stories
During a hearing last month, the California Supreme Court appeared ready to rule that government business conducted on private telephones and computers must be made public. The quandary expressed by justices was how to fashion a rule to protect the privacy of government employees and still ensure that public business was open to inspection. In examining the case, the justices of the state’s top court grappled with several questions: How can government ensure employees retain business-related emails and texts on their private devices? What happens if the communications have been deleted? Will a new rule make it impossible for employees to discuss their work online for fear it will become a public record? Would a message to a friend or family member about a boss, a work project or colleagues have to be disclosed because the topic involved public business? “If I say my boss is a jerk, am I conducting public business?” Justice Carol A. Corrigan asked during the hearing.
Los Angeles Times
A court ruling in St. Louis County last month found that Missouri public records laws do not allow government agencies to charge fees for the time they spend reviewing public records and blacking out information before turning them over to the people who requested them. The Missouri Sunshine Law says the requester can be billed for the time it takes to locate records, but the government has the responsibility to segregate open parts from closed.
St. Louis Post-Dispatch
Editorials/Columns
If you want to add fuel to the burning perception that blue lives matter more than those of civilians, you push something like House Bill 2043. The bill would enforce a cover-up of the names of police officers involved in civilian shootings by criminalizing the release of that officer’s name until an investigation is complete, unless the investigation lasts longer than six months. Naming an officer beforehand or providing information to the public that would ID the officer would become a Class 1 misdemeanor punishable by up to 12 months in jail or a fine of up to $2,500. For those who think the odds are stacked perpetually in the favor of law enforcement and against justice in these deadly encounters, this bill looks more than a little like piling on. You don’t combat the perception of a stacked deck by hiding cards. It would be helpful as this bill advances — it was reported out of committee Thursday and is headed to the House of Delegates floor — for police chiefs and sheriffs to find their collective voice, protect their turf and safeguard their prerogatives. They’ll be the ones cleaning up the mess left by this state-imposed cloak of secrecy. A shield must not become a hideout from accountability.
Michael Paul Williams, Richmond Times-Dispatch
Daily Press
A bill to prohibit Virginia law enforcement agencies from quickly identifying officers involving in shootings passed a House of Delegates committee Thursday on an 11-8 vote. The bill, which could make it a crime to identity an officer before six months have passed since a shooting or an investigation is completed, cleared the House General Laws Committee and now heads to the floor for a full vote. Two Republicans and six Democrats opposed the bill in the GOP-controlled committee. The legislation, pitched as a way to protect police officers and their families during tense times, is supported by rank-and-file law enforcement groups. It has drawn opposition from transparency advocates and the NAACP, who fear it could erode trust and block local police chiefs from handling situations as they see fit. “We know that local law enforcement at that level has an opportunity to make the right decision,” said Robert
Richmond Times-Dispatch
Legislation that would generally require local government and other public bodies to include public comment periods in their meetings went down in committeeThursday. House Bill 2223 had exceptions for work sessions and obscure appointed commissions. It also had an out for floor sessions of the Virginia House and Senate. It was tabled, though, by the House Committee on General Laws, which will forward the bill to the state's Freedom of Information Council for more study. The council has already reviewed this idea within the last year.
Daily Press (4th item down)
A prominent Republican lawmaker sent letters to colleagues this week saying five bills, most of them related to abortion, would not be taken up in committee, sparking outrage among pro-choice advocates who said important legislation dealing with women's health had been buried without a hearing. Del. David B. Albo, R-Fairfax, also unilaterally quashed two anti-abortion bills from conservative lawmakers, including a controversial measure to ban abortions after 20 weeks of pregnancy. In letters dated Wednesday, Albo said the House of Delegates courts committee he chairs would have to meet late Friday night or over the weekend to take up political bills that he thinks have no chance of becoming law. Lawmakers are coming up on Tuesday's deadline to finish work on their bills and, if passed, send them to the other chamber.
Richmond Times-Dispatch
Well, yes. It has been a busy time for the General Assembly. And it's a short session. And there's some legislation that every knows is either going to be killed by an overwhelming conservative House of Delegates or vetoed by Democratic Gov. Terry McAuliffe. So, after the House Criminal Law subcommittee worked away until 10 p.m. Monday, the full Courts of Justice committee chairman Del. Dave Albo, R-Springfield, started fretting that time was running out. He's decided the committee is running out of time ahead of the Feb. 8 "crossover day" deadline for getting bills over to the Senate. "I need to be fair in allocating the limited time we have here in Richmond," he wrote [in a letter]. “Rather than spending too much time on issues that will not become law, I think it is best that we work on ... issues that have a chance of becoming law."
Daily Press
Much of a legislative session is spent on matters that never become laws. Whether that’s a waste of time or a crucial part of the democratic process came up for unusual debate Thursday after a committee chairman in the House of Delegates decided that it was time to move things along. Del. David B. Albo (R-Fairfax), who chairs the House Courts of Justice committee, decided that seven bills dealing with thorny issues of constitutional law were simply not worth discussing because they’ll never be enacted.
Washington Post
A group of senators on Thursday briefly debated a touchy subject - whether they should prohibit themselves from using their campaign funds for personal use. The debate happened during a meeting of the Senate Privileges and Elections Committee on the Senate floor just after adjournment, prompting a complaint from Sen. Amanda F. Chase, R-Chesterfield, that holding the meeting on the floor was not transparent for the public. Two reporters in the chamber stood by as senators discussed it.
Richmond Times-Dispatch
Virginia Beach's School Board went through a kind of relationship therapy at its retreat this week, with members acknowledging politics have created tension. But they seemed to agree the session was helpful and that they're going to try to improve the situation.
Virginian-Pilot
The Portsmouth City Council will gather in Wakefield today to shape a vision for the city. Council members will spend two days discussing ways to better work with staffers and the community. Mayor John Rowe has touted the open-ended meeting as a way to unify public officials after an election cycle that highlighted deep divisions. The location drew objection from Councilman Mark Whitaker, who was the only dissenting vote and asked city officials how much it would cost to hold the event there instead of in Portsmouth. “I’m opposed to the cost, and also ... it is a transparency issue,” Whitaker said, noting the distance could keep some residents from attending. Meeting regular Mark Geduldig-Yatrofsky, who urged the group not to hold the retreat so far from Portsmouth, asked the city to live-stream video of the event for those who can’t go. Woodson said that won’t happen.
Virginian-Pilot
National Stories
During a hearing last month, the California Supreme Court appeared ready to rule that government business conducted on private telephones and computers must be made public. The quandary expressed by justices was how to fashion a rule to protect the privacy of government employees and still ensure that public business was open to inspection. In examining the case, the justices of the state’s top court grappled with several questions: How can government ensure employees retain business-related emails and texts on their private devices? What happens if the communications have been deleted? Will a new rule make it impossible for employees to discuss their work online for fear it will become a public record? Would a message to a friend or family member about a boss, a work project or colleagues have to be disclosed because the topic involved public business? “If I say my boss is a jerk, am I conducting public business?” Justice Carol A. Corrigan asked during the hearing.
Los Angeles Times
A court ruling in St. Louis County last month found that Missouri public records laws do not allow government agencies to charge fees for the time they spend reviewing public records and blacking out information before turning them over to the people who requested them. The Missouri Sunshine Law says the requester can be billed for the time it takes to locate records, but the government has the responsibility to segregate open parts from closed.
St. Louis Post-Dispatch
Editorials/Columns
If you want to add fuel to the burning perception that blue lives matter more than those of civilians, you push something like House Bill 2043. The bill would enforce a cover-up of the names of police officers involved in civilian shootings by criminalizing the release of that officer’s name until an investigation is complete, unless the investigation lasts longer than six months. Naming an officer beforehand or providing information to the public that would ID the officer would become a Class 1 misdemeanor punishable by up to 12 months in jail or a fine of up to $2,500. For those who think the odds are stacked perpetually in the favor of law enforcement and against justice in these deadly encounters, this bill looks more than a little like piling on. You don’t combat the perception of a stacked deck by hiding cards. It would be helpful as this bill advances — it was reported out of committee Thursday and is headed to the House of Delegates floor — for police chiefs and sheriffs to find their collective voice, protect their turf and safeguard their prerogatives. They’ll be the ones cleaning up the mess left by this state-imposed cloak of secrecy. A shield must not become a hideout from accountability.
Michael Paul Williams, Richmond Times-Dispatch
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