Transparency News, 3/13/20
Friday
March 13, 2020
In light of the governor's declaration of a state of emergency yesterday, VCOG's executive committee has recommended canceling our March 20 conference. The conference has been rescheduled for May 21 at the same location (Harrisonburg) and the same content. Those who registered to attend will be given the option of seeking a refund or carrying their registration over for a rain check.
Thank you all for your patience. Stay healthy, everyone!
Megan
state & local news stories
"Any member found to be in violation of the proposed bylaws could be censured . . . but censuring would merely be a public reprimand with no effect on a councilor’s ability to participate in meetings and vote on issues."
As state and local governments contemplate closing, canceling, postponing and rescheduling events and offices, it's a good time to check in with what FOIA says about when (and how) elected officials can meet electronically.
Section 2.2-3708.2(A)(3) says this:
3. Any public body may meet by electronic communication means without a quorum of the public body physically assembled at one location when the Governor has declared a state of emergency in accordance with § 44-146.17, provided that (i) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a single location and (ii) the purpose of the meeting is to address the emergency. The public body convening a meeting in accordance with this subdivision shall:
a. Give public notice using the best available method given the nature of the emergency, which notice shall be given contemporaneously with the notice provided to members of the public body conducting the meeting;
b. Make arrangements for public access to such meeting; and
c. Otherwise comply with the provisions of this section.
The nature of the emergency, the fact that the meeting was held by electronic communication means, and the type of electronic communication means by which the meeting was held shall be stated in the minutes.
So, yes, elected officials -- local, regional and state -- can meet electronically during the governor's declared state of emergency, provided they give adequate notice and give the public a way to listen in, and provided the meeting is about the emergency (in this case, the outbreak of COVID-19 in Virginia) and not about other government business.
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When the Virginia Senate and House of Delegates deadlock on conflicting versions of the same bill, legislators rely upon six-member "conference committees" to work out the differences. The number of bills that ended up in conference has trended up during the last five years. This year, the last-minute crush of 187 bills in conference was one reason why the legislature went into overtime.
Virginia Public Access Project
Danville officials will hold a work session March 31 to discuss proposals from companies that want to bring a casino to the city. “Hopefully, after that meeting we’ll make some sort of decision,” Mayor Alonzo Jones said Thursday, adding the March 31 discussion will take place during closed session. That decision will likely come in April, he said. City officials met with casino company representatives in a series of closed sessions last week. The meetings included presentations from four casino company finalists that had responded to a request for proposals issued by the city Dec. 2 to bring a gambling facility here.
Register & Bee
The Winchester City Council has again resurrected a set of proposed bylaws that would govern the panel and the conduct of its members. This is the third time that Mayor David Smith has attempted to push through the bylaws that he first proposed on June 13, 2017. The latest version of the bylaws includes a section called “Personnel Matters Protocol,” which contains the following statement: “Council members shall not discuss personnel issues with any person or entity, media, or agency representative ... or discuss or provide any information or documents regarding past, present, proposed or pending disciplinary actions of any employees unless all such above-listed acts have been authorized by formal action or consensus of the Common Council.” Any member found to be in violation of the proposed bylaws could be censured, the document states, but censuring would merely be a public reprimand with no effect on a councilor’s ability to participate in meetings and vote on issues.
The Winchester Star
stories of national interest
Have you always been curious about public records-based comedy but were turned off by the lack of quality bluegrass music? Well, your prayers have been answered. FOIA Love utilizes the Freedom of Information Act for what is arguably its finest unintentional purpose. Creator Curtis Raye sifts through everything from school board minutes, FBI profiles, and FCC complaints against CBS' The Big Bang Theory to share the profound absurdity of some of America's most vocal inhabitants. Because who isn't curious as to how Sheldon, Leonard, and the Big Bang gang have trespassed beyond the bounds of common decency.
Charleston City Paper
The American Civil Liberties Union is suing the Department of Homeland Security, as well as Customs and Border Protection, the Transportation Security Administration, and Immigrations and Customs Enforcement after the agencies failed to provide public records on how they're using facial recognition at airports and US borders. The lawsuit, filed on Thursday, argues that the public has a right to know how these US agencies have been using facial recognition, citing concerns about surveillance and privacy.
c|net news
"Have you always been curious about public records-based comedy but were turned off by the lack of quality bluegrass music?"
