Transparency News 3/30/17

Newport News City Council members were not expecting to pick a replacement for former City Manager Jim Bourey just three weeks after he resigned, but at some point during an 80-minute closed meeting Tuesday, they decided to do just that. Tuesday was the first time that all seven City Council members have been together since Bourey’s resignation. No other candidates were considered, and no steps were taken to conduct a national search before the council decided to name Cindy Rohlf, who was serving as acting city manager, as Bourey’s permanent replacement. The closed-door conversation Tuesday afternoon started with talking about a plan and goals, according to Bateman, Woodbury, Price and Vice Mayor Tina Vick. Council members then decided they wanted “stability and continuity,” in Woodbury’s words, and the best way to achieve that was to choose someone they trust who knows Newport News. Someone then floated the idea of considering Rohlf — what was the point in waiting if everyone liked her? But the “refreshing” consensus was that she was a good choice, Bateman said. No one mentioned the unanimous consensus to promote Rohlf until three hours later, at the start of the council’s night meeting. There was applause from the audience, and a few people congratulated her. Council members voted on her appointment after city attorney Collins Owens Jr. reminded them to do so.
Daily Press

Federal agents wanted to know about all contracts Old Dominion University had with the Norfolk Sheriff’s Office and former Sheriff Bob McCabe, according to a grand jury subpoena obtained Wednesday by The Virginian-Pilot. The subpoena, issued in January, also sought information about McCabe’s personnel file at ODU, records of payments, campaign contributions and gifts the school made to him, and records relating to season tickets or luxury suites in McCabe’s name. The records were to be turned over last month to the grand jury or an FBI agent involved with the investigation. The university refused over the past two weeks to release a copy of the subpoena but reversed course after The Virginian-Pilot posted an article online Tuesday. The report revealed for the first time that a federal probe into the Sheriff’s Office had extended to the university. After consulting with attorneys, however, school officials decided to make it publicly available, said Giovanna Genard, the spokeswoman. She stressed that ODU was “fully cooperating” with the request.
Virginian-Pilot

National Stories
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The Supreme Court ruled on Wednesday that the First Amendment applies to a New York law concerning credit card fees. The decision was a victory for five businesses that had sought to tell their customers that they imposed a surcharge for using credit cards. But the Supreme Court decided only that the law regulated their speech rather than their conduct, and it left it to an appeals court to determine whether the law violated the First Amendment. “The law tells merchants nothing about the amount they are allowed to collect from a cash or credit card payer,” Chief Justice John G. Roberts Jr. wrote for the majority. “Sellers are free to charge $10 for cash and $9.70, $10, $10.30 or any other amount for credit. What the law does regulate is how sellers may communicate their prices.” The case, Expressions Hair Design v. Schneiderman, No. 15-1391, is part of a long-running dispute between some merchants — who want to avoid fees charged by credit card companies by steering customers toward cash — and credit card companies, which seek to make the fees invisible to consumers.
New York Times

Genesee County, Michigan, paid $212,500 to avoid a lawsuit over alleged “malicious” Facebook posts about the sex life of a public dissenter of Sheriff Robert J. Pickell, records show. The payoff on the potential lawsuit claim — obtained by MLive-The Flint Journal through a Freedom of Information Act request — was made by a check dated Monday, March 27, written from the county to local attorney Glen Lenhoff for $212,500. Specifics of the agreement note that “Pickell will undertake all reasonable efforts to urge any persons that may have been involved with Facebook postings as to Lenhoff to remove the website” and mandate that “neither the county nor Pickell will initiate any surveillance or investigation as to Lenhoff absent a legitimate criminal complaint.”
M Live

The US Air Force should practice an information policy of “maximum disclosure, minimum delay,” says a newly revised Air Force directive. “The free flow of information between the government and the public is essential to a democratic society. It is also essential that the government minimize the federal paperwork burden on the public, minimize the cost of its information activities and maximize the usefulness of government information,” the Instruction said. Information that is classified, inaccurate, or obscene is not to be posted. But Air Force websites should maintain online reading rooms for information “that has been requested via FOIA or could be requested via FOIA.”
Secrecy News

A bill to create a task force to review measures affecting Arkansas’ open information law passed in the House on Monday, while a measure to give extra time for complicated requests failed. House Bill 2132 by Rep. Laurie Rushing, R-Hot Springs, would create the Arkansas Freedom of Information Task Force. It passed in a 58-11 vote. The task force would consist of members appointed by the governor, legislative leaders, Arkansas Press Association, Arkansas Freedom of Information Coalition, Arkansas professional chapter of the Society of Professional Journalists, Arkansas Broadcasters Association, Association of Arkansas Counties and Arkansas Municipal League.
Arkansas Democrat-Gazette