Monday, March 17, 2014
State and Local Stories
Virginia's Freedom of Information Act begins with a proclamation that government officials should not be allowed to conduct their work under a veil of secrecy from the public they serve. The law is often used by reporters during the course of their work, but it's also an important tool for any Virginia citizen seeking records about how state or local governments are spending money and making decisions. To kick off our coverage of Sunshine Week, we asked open-government experts to discuss the strengths and weaknesses of Virginia's FOI law. On the plus side, Virginia presumes that government records are public and has a narrowly drawn list of exemptions. It also has stiff penalties to discourage public officials from illegally withholding information. "Our law has teeth," said Ginger Stanley, executive director of the Virginia Press Association. But there are also deficiencies. Virginia's FOIA gives law enforcement officials complete discretion in releasing criminal files, complaints and court orders. It allows agencies wide leeway in determining how much to charge people for producing requested records. And the lengthy law, with its many exemptions, might be difficult for the layman to understand.
News Virginian
When the Chesterfield County Board of Supervisors decided last summer to ask county voters for authority to impose a 2 percent meals tax, instead of a 4 percent tax, the surprise decision happened in a matter of minutes and with little public discussion. Supervisors amended the agenda to include the item, then voted unanimously to approve the change. If Supervisor Daniel A. Gecker hadn't asked a question to clarify what was going on, the item would likely have passed without the words "4 percent" and "2 percent" being used at all. And, just like that, they made a key decision on one of the biggest issues in Chesterfield County last year. "Pretty much it was probably done privately," current board Chairman James "Jim" Holland said last week. "My view was that we should have gone for 4 percent; however, I didn't want to debate it and have a major difference of opinion." Holland said he wanted to keep the supervisors "in union and concert," so he "acquiesced to 2 percent." "I didn't think my position would prevail," he said. "I didn't think I had the votes for my position." In Virginia, public bodies have to make decisions in public. It's the law. Board members can't gather as a group — three or more — in private, but they can use a series of individual conversations to create the same effect. But nothing in the law says those decisions can't be a done deal when board members file into the meeting room.
Times-Dispatch
In honor of Sunshine Week, we introduce you to Megan Rhyne, executive director of the Virginia Coalition for Open Government (VCOG). Rhyne grew up in Williamsburg, where her father was a professor at the College of William and Mary and her mother was a professor at what was then Hampton Institute. She went away for college (University of North Carolina), law school (University of Colorado) and work (Dallas), but then “Williamsburg called me back home,” she said. “I seem to be attracted to life coming full circle because soon after returning, I got an adjunct teaching job at Hampton University and, after I got married, my husband and I bought the house that I grew up in, where we are now raising our high-spirited 7-year-old son and four ridiculous cats,” she said.
Times-Dispatch
It’s not easy to dig up a lot of information about private businesses in Virginia. For the most part, what goes on with a private business is, well, private. Don’t expect that you’ll be able to find out through public records if your corner coffee shop made a profit or loss last month, or if the privately held widget manufacturer nearby is planning to hire or fire a few employees. But if you are curious or concerned about a business operating in your community, or perhaps wondering if someone claiming to be a professional is really legitimate, there are places you can go to get information. Business licenses, professional licenses, property records and health inspections are among the documents that are generally accessible to the public.
Times-Dispatch
Sunshine Week “is a national initiative to promote a dialogue about the importance of open government and freedom of information.” In honor of Sunshine Week, 16-22 March 2014, this week’s post focuses on how a 2008 Freedom of Information Act (FOIA) request by a state delegate led to a Kaine administration prohibition on printing by state agencies. In November 2008, Delegate Scott Lingamfelter (R-31) submitted a FOIA request to all state agencies asking for a copy of each publication with a print run exceeding 100 copies. He also wanted to know the printing costs for each publication and the name of the printer. Upon receipt of Lingamfelter’s letters, agencies contacted Kaine administration staffers for further guidance. Gena Boyle, special assistant to the governor for policy, forwarded one such email to Chief of Staff Wayne Turnage on 1 December 2008. Turnage replied that “I’m sure he [Lingamfelter] expects to find millions in printing costs. With the advent of web to hold reports he will be disappointed – I hope.”
Out of the Box
Six figures might seem like a lot to pay for government records, but a staff attorney with the Virginia Freedom of Information Act Advisory Council said it happens. “I’ve even heard of a couple of requests going over $200,000,” said Alan Gernhardt, whose job includes advising governments, residents and the media on the intricacies of public access rules. How much governments charge for public records is top of mind during Sunshine Week, a national initiative each March advocating open government.
Delmarva Now
York County firefighters and first responders say they don't make enough money to live on, forcing many of them to work second and third jobs. It's led to morale problems and even safety issues, according to Don Dinse, president of the York County, Poquoson and Williamsburg Professional Firefighters Association. So the York County union, which represents 130 of the 134 York firefighters, is taking its message to the people. But instead of picketing, York firefighters are trying to build support via Facebook and Twitter. The association's Facebook pages — York Poquoson Williamsburg Professional Fire Fighters and Paramedics, YC Poq Wmbg Firefighters, among others, which are tended by a retiree — have more than 700 likes and 4,000 friends. The association's Twitter account @IAFF2498 has 1,561 followers.
Daily Press
Officers at thousands of law enforcement agencies are wearing tiny cameras to record their interactions with the public, but in many cases the devices are being rolled out faster than departments are able to create policies to govern their use. And some rank-and-file officers are worried the technology might ultimately be used to derail their careers if, for example, an errant comment about a superior is captured on tape. Most law enforcement leaders and civil liberties advocates believe the cameras will ultimately help officers because the devices give them a way to record events from their point of view at a time when citizens armed with cellphones are actively scrutinizing their every move. They say, however, that the lack of clear guidelines on the cameras' use could potentially undermine departments' goals of creating greater accountability of officers and jeopardize the privacy of both the public and law enforcement officers.
Virginian-Pilot
Thomas Jefferson the creative, scientific thinker. John Adams is the arrogant, blustery leader, while Alexander Hamilton’s the angry, mercurial figure. Toss the studious, thoughtful and conscientious James Madison into that mix and it’s easy to see why our fourth president isn’t portrayed with the same historical heat of his contemporaries. That’s a shame, says Michael Signer, an author who yesterday told a chilly crowd gathered at Madison’s grave at Montpelier that he’s the sort of leader our country could surely use right now. One who could elevate the level of debate, instead of lowering it. Signer joined several dozen dignitaries, Madison fans and history lovers at the James and Dolley’s Orange County estate to witness the presentation of dozens of wreaths to commemorate the 263rd anniversary of the birth of the man known as the “Father of the U.S. Constitution.”
Free Lance-Star
Suffolk firefighters and emergency medical technicians who work holidays will start seeing smaller paychecks later this year. Fire Chief Cedric Scott informed department members in meetings last week that the city has been overpaying many of them – by thousands of dollars a year, in some cases. The city was erroneously giving them an extra eight hours of regular pay for each holiday worked, Chief of Staff Debbie George said. It's unclear when the city started miscalculating the holiday pay, but George put the total cost of the overpayments at about $336,000 per year for the past three years. She said about 110 firefighters and EMTs benefited from the error each holiday.
Virginian-Pilot
A federal judge on Friday rejected requests from former Virginia governor Robert F. McDonnell’s attorneys that prosecutors immediately turn over a variety of documents they sought to prepare for a corruption trial this summer. Since the indictments of McDonnell and his wife in January, McDonnell’s attorneys have argued in a series of biting legal motions that prosecutors have been withholding evidence that might show McDonnell’s innocence or otherwise aide in his defense. Friday’s ruling was the first time U.S. District Judge James R. Spencer had weighed in on any of the disputes, siding with prosecutors and handing McDonnell a legal setback.
Washington Post
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