Transparency News 3/17/14

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

National Stories

The Pennsylvania Attorney General's Office ran an undercover sting operation over three years that captured leading Philadelphia Democrats, including four members of the city's state House delegation, on tape accepting money, The Inquirer has learned. Yet no one was charged with a crime.
Governing

The town of Fenwick Island, Del., will change its Freedom of Information Act code to match the state’s, following a report from the Delmarva Media Group comparing FOIA request procedures across Delmarva. At the March 28 council meeting, Town Manager Merritt Burke will announce plans to make the town’s FOIA fees consistent with the Delaware’s. The town will also refund the Delmarva Media Group $104 for the difference in fees.
Delmarva Now

Rep. Mike Quigley (D-IL) introduced a bill Friday that would take a number of innovative steps toward greater government transparency. The Transparency in Government Act would bring greater openness to the federal government through a number of pioneering proposals that harness 21st century technology and address critical gaps in each of the three branches. The bill would require greater and easier access to data that is already collected but not published online or otherwise easily accessible. For example, the bill includes several provisions to increase the transparency of federal spending, including expanding the data available on USAspending.gov to include information about leases and congressional earmarks. One provision would establish an online database to collect and publish data on lobbying by federal contractors. Improved access to this data would better provide the public with information about efforts by grantees and contractors to influence future spending.
Center for Effective Government
The Transparency in Government Act would require the high court to provide live streaming of the audio of Supreme Court oral arguments—as the U.S. Court of Appeals for the Ninth Circuit does.
LegalTimes

Connecticut’s Freedom of Information Commission was created in 1975 as part of the FOI Act, with the strong support of then-Gov. Ella Grasso. It ensures access to public records and public meetings. This commission is unique. To this day, Connecticut is the only state with a commission that provides an appeals process outside of the courts and whose decisions have the force of law, according to FOI Commission staff attorney Lisa Siegel and Executive Director Colleen Murphy. In Connecticut, unlike in other states, the commission is not an advisory board. The commission is a nine-member citizens’ board. Five members are appointed to staggered four-year terms by the governor and approved by the General Assembly. Four members are appointed by leadership of the General Assembly for two-year terms, Siegel and Murphy explained. The FOIA requires the commission membership to be from both major parties. Below, Siegel and Murphy provide answers to some questions asked by our newspaper’s staff members.
New Haven Register

Google Inc., the world’s largest Internet-search provider, is seeking to black out portions of a transcript from a public court hearing that includes information on how it mines data from personal e-mails. Google, fighting a lawsuit claiming its interception of e-mails amounts to illegal wiretapping, asked U.S. District Judge Lucy H. Koh in a filing to redact “confidential” information from the transcript, without being more specific.
Bloomberg
 

Editorials/Columns

Spring is the perfect time of year to celebrate Sunshine Week. This weeklong national initiative began in 2005, and continues to spotlight the importance of open government and the public’s right to know. In Virginia, we have an extra special reason to rejoice and participate in a meaningful way. This week, March 16 to 22, is the kick-off to a two-year study of the most important citizens’ law — the Freedom of Information Act.
Ginger Stanley, Times-Dispatch

Virginia's Freedom of Information Act has gotten rather wormy since its last spit and polish in 2000. The law contains 172 exemptions, 70 of them having wiggled in over the past 14 years. Among the more perplexing is a legal shield for reports on Virginia apple producer sales. Apparently pomme de terre [sic] producers must keep their business above ground. Also withheld from public scrutiny is the subscription list for Virginia Wildlife magazine, a publication of the Department of Game and Inland Fisheries. As if Internet spooks don't make a wee note whenever someone Googles "Cheetos as catfish lures" or "groundhog gumbo recipes" and sell the intel to every sporting goods chain on the planet.
Roanoke Times

We’d like to believe that those put in public office, by election and appointment, have the integrity, honesty and courage to act solely on behalf of the people. But we are all human, and humans sometimes fail. So when one carries the public trust, when one is sworn to protect our Constitutional freedoms — particularly those five: Religion, speech, press, petition and assembly — there should be a regular check on his or her activities. The ballot box is an appropriate check, but it too requires that the voter be informed and that can happen only with open government. Freedom of Information provides that information by keeping the sunlight shining.
Herald Courier

Honest mistake? Power play? In a new muddle in state governance, all those questions come into play — sometimes repeatedly. According to Democratic Gov. Terry McAuliffe's office, outgoing Republican Gov. Bob McDonnell’s administration neglected to send the General Assembly the names of 60-some appointees to various boards and commissions, referring to it as a “clerical error.” The administration says these appointments should have been approved by the legislature. Mr. McAuliffe now considers those appointments null and void. He has invited appointees to resubmit their names, but has not promised to appoint them. Considering everything facing the former administration at the time — not just leaving office but also the McDonnells’ troubles on alleged ethics violations — an honest mistake in forgetting to submit appointments might be understandable. But even if it were an error, there are questions about whether the lapse is a serious as Mr. McAuliffe claims.
Daily Progress