Transparency News 2/6/15
Friday, February 6, 2015
State and Local Stories
NOTE: Lots of bills are on the docket today of the Senate Rules committee, including several having to do with budget transparency. It's not too late to contact your senator (if he/she is on this committee) and express support for SB1150, SB1352, and SB1425.
Del. Bobby Orrock summed up this week best in his opening remarks of a meeting this morning of the House’s Health, Welfare and Institutions Committee: “Welcome to the crazy days in the House of Delegates.” That’s because committees like his must complete their work on the House’s 1,437 pieces of legislation by Saturday in order for them to be considered by the full House by Tuesday’s deadline. Once crossover hits Wednesday, the House and Senate can only consider bills that have passed the other chamber. The Senate is under the same deadline, with 941 pieces of legislation. The result is marathon meetings, such as a House Courts of Justice Committee gathering that lasted into midnight Wednesday.
Virginian-Pilot
Outside the General Assembly Building there's opposition to a plan to end state review of a majority of Dominion Virginia Power's profits for the next five years. The opposition comes from big and small places. A band of 14 people on Thursday joined a Sierra Club protest of a bill to deregulate Dominion's base electricity rates. They stood outside the government building holding signs and chanting "Don't let Dominion dominate!" Nearby in the Executive Mansion, Gov. Terry McAuliffe - although neutral on the bill - has concerns about the impact on consumers. And Attorney General Mark Herring opposes the bill, saying it would keep the state from learning whether Dominion's profits are higher than allowed, and thus cost its customers possible rebates. The situation is different inside the building. The legislation sponsored by Sen. Frank Wagner, R-Virginia Beach, sailed through the Senate Commerce and Labor Committee by a 14-1 vote on Monday. The bill - SB1349 - has been revised several times, and Wagner is making more revisions before a possible Senate vote today. He expects bipartisan support. The Virginia Public Access Project database shows that Dominion is the state's largest corporate campaign donor, having spent $13.2 million on political donations since 1997. Dominion spokesman David Botkins said the company's involvement is no secret. "Politics in Virginia is not a spectator sport; it is participatory," he said in a statement. "Whether it's environmental groups, health care, construction, banking, labor unions, or public employees - everybody is participating under the same rules and same process of advocacy - regardless of issue."
Virginian-Pilot
Portsmouth City Councilman Bill Moody doesn't shy from a political fight, or confrontations with people who voice complaints. But did Moody threaten to assault a pastor who is 6 feet 3 inches, 380 pounds and nearly three decades younger? Yes, says Pastor Barry Randall, who has filed a civil claim and reported the allegation to police. Moody denies the allegation and says he and his wife are considering legal action against Randall. "I'm 5-foot-8 and I'm 65 years old," Moody said this week, "and I'm going to... whip his ass?" The dispute began on Facebook in late December, Randall said. Randall has become a harsh critic of council members in recent months. He said he criticized Moody on a page devoted to Portsmouth natives in response to remarks Moody posted about state Sen. Louise Lucas. He said Moody gave him five minutes to remove the post and challenged him: "If you come out into the street like a real man, I'm going to kick your ass."
Virginian-Pilot
Serious ethics reform is working its way through the current session of the General Assembly, but some local legislators seem to have already gotten the message that gifts from lobbyists are frowned upon. Five legislators who serve the greater Fredericksburg area listed no gifts received in 2014. Those with no gifts accepted are Dels. Mark Cole of Spotsylvania, Bobby Orrock of Caroline, Margaret Ransone of Kinsale and Peter Farrell, who represents Louisa and part of Spotsylvania. Sen. Ryan McDougle, who represents Caroline and parts of Spotsylvania, King George, Westmoreland and Caroline also accepted no gifts. All are Republicans.
Free Lance-Star
Despite all the grandstanding about cleaning house after the conviction of former Gov. Bob McDonnell on federal corruption charges, Virginia lawmakers are on track to maintain the commonwealth’s status as one of eight states in the country with no ethics commission. That is, as long as you don’t consider an inactive ethics advisory body with no authority to investigate or penalize an actual ethics commission. The proposal from Republican Delegate Todd Gilbert doesn’t make any room for that council to launch investigations or impose penalties for someone who violates the law. Gilbert said it would be a “terrible idea” to create an independent commission with investigative powers, arguing that would offer an outlet for “political vendettas.” In a different Senate panel on the subject, Republican Senate Majority Leader Tommy Norment had the guts to say lawmakers are only pursuing ethics reform because of pressure from the media. Nine states have more than one ethics commission, according to the National Conference of State Legislatures. The other states with no ethics commissions are Idaho, Arizona, New Mexico, Wyoming, North Dakota, South Dakota, and Vermont.
Watchdog.org Virginia Bureau
Judge H. Lee Townsend II ruled that the Hopewell City Council’s decision to discuss the selection of a new mayor and vice mayor behind closed doors was not illegal. He said the Code of Virginia allows local governments to meet in closed meetings for 40 different reasons and the law requires that if a council meets in private, it must immediately take an open roll call in front of the public to tell citizens what was discussed in the closed session. Townsend did agree with petitioner Janice Denton that he is for open government, but believes that the council should be able to discuss personnel in private if that’s what’s best for the city. “When I take off this robe, I’m a citizen and I believe in open government in the sunshine and not in a closet,” Townsend said. But he went on to explain that the discussion of appointments of personnel should be discussed privately first because you “wouldn’t want to air out someone’s dirty laundry to the public.” Denton based her argument off a 1990 attorney general opinion that advised against meeting behind closed doors for mayor and vice mayor appointments. Townsend said that opinion has since been largely disregarded.
Progress-Index
State-sponsored executions in Virginia would become shrouded in unprecedented secrecy under legislation that is advancing with bipartisan support, including that of Democratic Gov. Terry McAuliffe. The measure is intended to keep drugs used for lethal injections flowing into Virginia by shielding manufacturers from public scrutiny and political pressure. Foreign companies have stopped selling such drugs as a result of pressure from their governments, leaving some states unable to carry out death sentences and prompting others to experiment with chemicals that have been blamed for several high-profile botched executions. The legislation would prevent the public from scrutinizing most everything to do with the death penalty in Virginia. The bill states that “all information relating to the execution process” would be exempt from the state’s openrecords law. Although the names and quantities of chemicals used would have to be disclosed, the names of the companies that sell them and information about buildings and equipment used in the process would be withheld. Adding a political twist to the situation, the bill’s chief booster is McAuliffe, a Democrat who opposes the death penalty but whose support makes passage more likely. Sen. Thomas A. Garrett Jr. (R-Buckingham) said the opponents raised a “legitimate concern” about secrecy. But he added, “I would say that it’s outweighed by us being able to carry out sentences that have been prescribed legally and throughout layer upon layer of due process.”
Washington Post
National Stories
The abrupt resignation of the chief of Florida's crime-fighting agency prompted media and open government advocates to file a lawsuit accusing Gov. Rick Scott and the Cabinet of violating state Sunshine Laws. The Florida Society of News Editors, the Associated Press, Citizens for Sunshine and a St. Petersburg lawyer teamed up Wednesday to ask a Leon County court to rule that Scott's ouster of Florida Department of Law Enforcement Commissioner Gerald Bailey subverted open meeting laws. "The Governor violated the Sunshine Law by using conduits to engage in polling, discussions, communications and other exchanges with other members of the Cabinet regarding his unilateral decision to force the resignation of the FDLE Commissioner and appoint a replacement without any notice to the public, without any opportunity for the public to attend, and without any minutes being taken," the lawsuit said. The lawsuit argues that aides for Scott, Attorney General Pam Bondi, Chief Financial Officer Jeff Atwater and Agriculture Commissioner Adam Putnam acted with delegated authority to communicate on their bosses' behalf knowing the matter would come up for a vote at a public Cabinet meeting. The plaintiffs asked the court not only to declare Sunshine Laws were broken but to prohibit the future practice of using Cabinet aides to act as conduits to the governor's office.
Governing
A case headed for a Staten Island courtroom on Thursday that seeks to unlock grand jury evidence in the police killing of Eric Garner is part of a national push to pry from law enforcement information long kept secret. While journalists and civil libertarians have historically clamored for the release of details related to questionable police actions, the crisis of confidence in law enforcement that followed Mr. Garner’s death and the fatal police shooting of Michael Brown, an unarmed teenager, in Ferguson, Mo., has propelled the issue onto legislative and political agendas nationwide. From Albany to Jefferson City, Mo., to Sacramento, elected officials and law enforcement leaders are increasingly confronting demands for police information and questions of transparency in the criminal justice system.
Governing
Editorials/Columns
The Times-Dispatch’s Zachary Reid is an excellent reporter. Yet we were surprised to see his byline attached to the story headlined “All for the sake of $4.15.” The piece explained that “Mamie Taylor had an offer for fellow Richmond School Board members: Support keeping a local travel reimbursement, and she would drop her effort to have a colleague censured.” While reading the story, we assumed it must be satire, written by Jonathan Swift.
Times-Dispatch
According to a recent AP report, numerous Virginia lawmakers hold stock in Dominion. When bills that could affect the utility come up, such as a current measure on rate reviews that is considered beneficial to Dominion, a few of them abstain — “but most lawmakers who own the company’s stock did vote for the legislation.”
Times-Dispatch
Last year’s deluge of political scandals, added to what had then been a relatively small roster of wrongdoing, demonstrated in no uncertain terms that Virginia’s political ethics standards need to be toughened. We urge the legislature to continue pushing forward on reform. It would be all too easy for lawmakers to fall back on self-interest and to sidestep the responsibility of revising ethics laws in ways that might make compliance more difficult for them. But it has to be done. Last year’s events prove that. Tougher rules are needed — and the sooner, the better.
Daily Progress
State and Local Stories
NOTE: Lots of bills are on the docket today of the Senate Rules committee, including several having to do with budget transparency. It's not too late to contact your senator (if he/she is on this committee) and express support for SB1150, SB1352, and SB1425.
Del. Bobby Orrock summed up this week best in his opening remarks of a meeting this morning of the House’s Health, Welfare and Institutions Committee: “Welcome to the crazy days in the House of Delegates.” That’s because committees like his must complete their work on the House’s 1,437 pieces of legislation by Saturday in order for them to be considered by the full House by Tuesday’s deadline. Once crossover hits Wednesday, the House and Senate can only consider bills that have passed the other chamber. The Senate is under the same deadline, with 941 pieces of legislation. The result is marathon meetings, such as a House Courts of Justice Committee gathering that lasted into midnight Wednesday.
Virginian-Pilot
Outside the General Assembly Building there's opposition to a plan to end state review of a majority of Dominion Virginia Power's profits for the next five years. The opposition comes from big and small places. A band of 14 people on Thursday joined a Sierra Club protest of a bill to deregulate Dominion's base electricity rates. They stood outside the government building holding signs and chanting "Don't let Dominion dominate!" Nearby in the Executive Mansion, Gov. Terry McAuliffe - although neutral on the bill - has concerns about the impact on consumers. And Attorney General Mark Herring opposes the bill, saying it would keep the state from learning whether Dominion's profits are higher than allowed, and thus cost its customers possible rebates. The situation is different inside the building. The legislation sponsored by Sen. Frank Wagner, R-Virginia Beach, sailed through the Senate Commerce and Labor Committee by a 14-1 vote on Monday. The bill - SB1349 - has been revised several times, and Wagner is making more revisions before a possible Senate vote today. He expects bipartisan support. The Virginia Public Access Project database shows that Dominion is the state's largest corporate campaign donor, having spent $13.2 million on political donations since 1997. Dominion spokesman David Botkins said the company's involvement is no secret. "Politics in Virginia is not a spectator sport; it is participatory," he said in a statement. "Whether it's environmental groups, health care, construction, banking, labor unions, or public employees - everybody is participating under the same rules and same process of advocacy - regardless of issue."
Virginian-Pilot
Portsmouth City Councilman Bill Moody doesn't shy from a political fight, or confrontations with people who voice complaints. But did Moody threaten to assault a pastor who is 6 feet 3 inches, 380 pounds and nearly three decades younger? Yes, says Pastor Barry Randall, who has filed a civil claim and reported the allegation to police. Moody denies the allegation and says he and his wife are considering legal action against Randall. "I'm 5-foot-8 and I'm 65 years old," Moody said this week, "and I'm going to... whip his ass?" The dispute began on Facebook in late December, Randall said. Randall has become a harsh critic of council members in recent months. He said he criticized Moody on a page devoted to Portsmouth natives in response to remarks Moody posted about state Sen. Louise Lucas. He said Moody gave him five minutes to remove the post and challenged him: "If you come out into the street like a real man, I'm going to kick your ass."
Virginian-Pilot
Serious ethics reform is working its way through the current session of the General Assembly, but some local legislators seem to have already gotten the message that gifts from lobbyists are frowned upon. Five legislators who serve the greater Fredericksburg area listed no gifts received in 2014. Those with no gifts accepted are Dels. Mark Cole of Spotsylvania, Bobby Orrock of Caroline, Margaret Ransone of Kinsale and Peter Farrell, who represents Louisa and part of Spotsylvania. Sen. Ryan McDougle, who represents Caroline and parts of Spotsylvania, King George, Westmoreland and Caroline also accepted no gifts. All are Republicans.
Free Lance-Star
Despite all the grandstanding about cleaning house after the conviction of former Gov. Bob McDonnell on federal corruption charges, Virginia lawmakers are on track to maintain the commonwealth’s status as one of eight states in the country with no ethics commission. That is, as long as you don’t consider an inactive ethics advisory body with no authority to investigate or penalize an actual ethics commission. The proposal from Republican Delegate Todd Gilbert doesn’t make any room for that council to launch investigations or impose penalties for someone who violates the law. Gilbert said it would be a “terrible idea” to create an independent commission with investigative powers, arguing that would offer an outlet for “political vendettas.” In a different Senate panel on the subject, Republican Senate Majority Leader Tommy Norment had the guts to say lawmakers are only pursuing ethics reform because of pressure from the media. Nine states have more than one ethics commission, according to the National Conference of State Legislatures. The other states with no ethics commissions are Idaho, Arizona, New Mexico, Wyoming, North Dakota, South Dakota, and Vermont.
Watchdog.org Virginia Bureau
Judge H. Lee Townsend II ruled that the Hopewell City Council’s decision to discuss the selection of a new mayor and vice mayor behind closed doors was not illegal. He said the Code of Virginia allows local governments to meet in closed meetings for 40 different reasons and the law requires that if a council meets in private, it must immediately take an open roll call in front of the public to tell citizens what was discussed in the closed session. Townsend did agree with petitioner Janice Denton that he is for open government, but believes that the council should be able to discuss personnel in private if that’s what’s best for the city. “When I take off this robe, I’m a citizen and I believe in open government in the sunshine and not in a closet,” Townsend said. But he went on to explain that the discussion of appointments of personnel should be discussed privately first because you “wouldn’t want to air out someone’s dirty laundry to the public.” Denton based her argument off a 1990 attorney general opinion that advised against meeting behind closed doors for mayor and vice mayor appointments. Townsend said that opinion has since been largely disregarded.
Progress-Index
State-sponsored executions in Virginia would become shrouded in unprecedented secrecy under legislation that is advancing with bipartisan support, including that of Democratic Gov. Terry McAuliffe. The measure is intended to keep drugs used for lethal injections flowing into Virginia by shielding manufacturers from public scrutiny and political pressure. Foreign companies have stopped selling such drugs as a result of pressure from their governments, leaving some states unable to carry out death sentences and prompting others to experiment with chemicals that have been blamed for several high-profile botched executions. The legislation would prevent the public from scrutinizing most everything to do with the death penalty in Virginia. The bill states that “all information relating to the execution process” would be exempt from the state’s openrecords law. Although the names and quantities of chemicals used would have to be disclosed, the names of the companies that sell them and information about buildings and equipment used in the process would be withheld. Adding a political twist to the situation, the bill’s chief booster is McAuliffe, a Democrat who opposes the death penalty but whose support makes passage more likely. Sen. Thomas A. Garrett Jr. (R-Buckingham) said the opponents raised a “legitimate concern” about secrecy. But he added, “I would say that it’s outweighed by us being able to carry out sentences that have been prescribed legally and throughout layer upon layer of due process.”
Washington Post
National Stories
The abrupt resignation of the chief of Florida's crime-fighting agency prompted media and open government advocates to file a lawsuit accusing Gov. Rick Scott and the Cabinet of violating state Sunshine Laws. The Florida Society of News Editors, the Associated Press, Citizens for Sunshine and a St. Petersburg lawyer teamed up Wednesday to ask a Leon County court to rule that Scott's ouster of Florida Department of Law Enforcement Commissioner Gerald Bailey subverted open meeting laws. "The Governor violated the Sunshine Law by using conduits to engage in polling, discussions, communications and other exchanges with other members of the Cabinet regarding his unilateral decision to force the resignation of the FDLE Commissioner and appoint a replacement without any notice to the public, without any opportunity for the public to attend, and without any minutes being taken," the lawsuit said. The lawsuit argues that aides for Scott, Attorney General Pam Bondi, Chief Financial Officer Jeff Atwater and Agriculture Commissioner Adam Putnam acted with delegated authority to communicate on their bosses' behalf knowing the matter would come up for a vote at a public Cabinet meeting. The plaintiffs asked the court not only to declare Sunshine Laws were broken but to prohibit the future practice of using Cabinet aides to act as conduits to the governor's office.
Governing
A case headed for a Staten Island courtroom on Thursday that seeks to unlock grand jury evidence in the police killing of Eric Garner is part of a national push to pry from law enforcement information long kept secret. While journalists and civil libertarians have historically clamored for the release of details related to questionable police actions, the crisis of confidence in law enforcement that followed Mr. Garner’s death and the fatal police shooting of Michael Brown, an unarmed teenager, in Ferguson, Mo., has propelled the issue onto legislative and political agendas nationwide. From Albany to Jefferson City, Mo., to Sacramento, elected officials and law enforcement leaders are increasingly confronting demands for police information and questions of transparency in the criminal justice system.
Governing
Editorials/Columns
The Times-Dispatch’s Zachary Reid is an excellent reporter. Yet we were surprised to see his byline attached to the story headlined “All for the sake of $4.15.” The piece explained that “Mamie Taylor had an offer for fellow Richmond School Board members: Support keeping a local travel reimbursement, and she would drop her effort to have a colleague censured.” While reading the story, we assumed it must be satire, written by Jonathan Swift.
Times-Dispatch
According to a recent AP report, numerous Virginia lawmakers hold stock in Dominion. When bills that could affect the utility come up, such as a current measure on rate reviews that is considered beneficial to Dominion, a few of them abstain — “but most lawmakers who own the company’s stock did vote for the legislation.”
Times-Dispatch
Last year’s deluge of political scandals, added to what had then been a relatively small roster of wrongdoing, demonstrated in no uncertain terms that Virginia’s political ethics standards need to be toughened. We urge the legislature to continue pushing forward on reform. It would be all too easy for lawmakers to fall back on self-interest and to sidestep the responsibility of revising ethics laws in ways that might make compliance more difficult for them. But it has to be done. Last year’s events prove that. Tougher rules are needed — and the sooner, the better.
Daily Progress
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