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All Access
It’s Sunshine Week!
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Sunshine Week
Nonprofits might not have to pay taxes, but they still have to file annual returns to the IRS. These documents, known as Form 990, contain lots of information about the money a nonprofit brought in (often via donations from people like you) and spent in a given year. Nonprofits are required to provide a copy of their latest Form 990 if you ask. But often, you can skip this step and look up years of returns online. While some nonprofits post their 990s on their websites (I love when they do!), I often use ProPublica’s free Nonprofit Explorer tool, which contains tax filings from nearly two million nonprofits.
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Local
A debate over the Shenandoah County School Board’s procedural rules turned into an over hour-long discussion Thursday night, exposing deep divisions over transparency, governance and the board’s ability to set its own agenda. At the center of the discussion was a proposed revision to the board’s norms, the document that dictates how board members operate…. The debate also extended to FOIA requests, specifically whether board members should be required to pay fees for records related to board business. Barlow’s version, which the board adopted, states that board members must pay for FOIA requests unless the board as a whole votes to waive the fee. Barlow defended the policy, arguing that FOIA requests take up significant staff time and should not be used for what he described as “fishing expeditions.” “If the school board, through a majority vote or consensus, agrees to a specific FOIA request, then there should be no charge assessed,” Barlow said. “That’s as it has been written here.” Board member Gloria Carlineo, who had previously filed a FOIA request seeking records related to a policy amendment, pushed back, saying board members should not have to go through FOIA to obtain information from their own board. Another point of contention was a provision in the adopted draft that prevents board members from using electronic devices during closed sessions.
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Courts
Hanover County residents suing their county government, and Wegmans, have seen yet another legal ruling go against them. The nearly 5-year-old legal battle has revolved around Hanover’s approval of the supermarket giant’s 1.7 million-square-foot distribution center off Sliding Hill Road. Much of the homeowners’ legal argument over the approval of that facility involves the way Hanover supervisors voted 4-3 to approve it. The Hanover residents argued four points in the court of appeals, including: The meeting itself violated the Virginia Freedom of Information Act by “severely” limiting public attendance. He said several of the homeowners involved in the suit were there in person, including their lawyer Buniva, who spoke on their behalf. Others who left voicemails and emails had their responses read aloud to the board.
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Courts
Files relating to the Duke of Sussex’s US visa application must be made public by Tuesday, a court has ruled. Judge Carl Nichols ordered the release of the documents as part of an ongoing Freedom of Information (FOI) request brought by conservative US think tank the Heritage Foundation. Harry’s reference to taking cocaine, marijuana and psychedelic mushrooms in his book Spare prompted the Washington DC organisation to question why he was allowed into the US in 2020.
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In other states
The Republican National Committee is suing the city of Lansing. The lawsuit, filed in February in Ingham County Circuit Court, follows a public records request the RNC sent on Nov. 26, seeking copies of surveillance video from absentee ballot drop boxes in the city on Nov. 5, Election Day. The RNC submitted similar requests to East Lansing, Delta Township, Flint, Detroit, Battle Creek and Muskegon, among others, and in its lawsuit said Lansing charged far more than any others. Detroit, Delta Township and Muskegon didn’t require any fee. Before it went to court, the RNC asked Lansing to reconsider the $4,795 fee and $2,397 deposit it said was needed to begin work. Farmington Hills, Flint and Troy charged deposits between $693 and $630, according to the lawsuit. East Lansing asked for a $300 deposit and Battle Creek wanted $140.
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In other states
A bill that would exempt the residential addresses of employees in the Connecticut attorney general’s office from disclosure under the Freedom of Information Act (FOIA) moved one step closer to becoming law after it was advanced out of the Government Administration and Elections Committee (GAE) on a party line vote. It is one of several bills, many of which have appeared in multiple legislative sessions, seeking to expand the categories of public employees whose home addresses are exempt from disclosure under FOIA. The Freedom of Information Commission (FOIC) and the Connecticut branch of the American Civil Liberties Union were among those who testified in opposition to the bill, arguing that the bill restricts public access to public information.
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Column
• Citizen engagement is essential to building trust in local government. • The city of Liberty Lake, Wash., has developed innovative strategies for educating residents about its workings and eliciting their input. • The city administrator, Mark McAvoy, spoke with Governing about key elements of this work. McAvoy: We’ve established a community engagement commission made up of volunteer members. Their sole purpose is to derive methods to get more of a cross section of the city’s residents to engage regularly with the city government.
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TENTATIVE CONFERENCE SCHEDULE
10:00 – 11:00 Animal testing transparency 11:00 – 11:20 Need to Know: Minium v. Hines 11:30 – 12:00 Buried treasures at the courthouse 12:00 – 1:30 Lunch program awards keynote speaker VCOG annual meeting 1:30 – 2:00 Access and Gen Z 2:00 – 2:20 Need to Know: Courthouse News Service v. Smith 2:20 – 2:50 AI, Open Data and Civic Innovation 3:00 – 3:20 Need to Know: NPR v. Department of Corrections 3:20 – 4:20 The Transparency Gap in Local Solar and Data Projects
Thanks to our conference sponsors and donors.
Tom Blackstock Boone Newsmedia Christian & Barton, LLP Roger Christman The Harrisonburg Citizen Joshua Heslinga Megan Rhyne Richmond Times-Dispatch Sage Information Services Jeff South Thomas H. Roberts & Associates, PC Virginia Association of Broadcasters Virginia Poverty Law Center WHRO, Norfolk Willcox & Savage WTVR, Richmond
“Democracies die behind closed doors.” ~ U.S. District Judge Damon Keith, 2002
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