Transparency News 4/8/19

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Monday
April 8, 2019

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LAST DAY TO BUY TICKETS!!!

Eventbrite - ACCESS 2019: VCOG's Open Government Conference

April 11 | Hampton University
 
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state & local news stories

 

 

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"The General Assembly didn’t want to 'burden' the Tourism Council with the formalities a public body requires — the Freedom of Information Act, records retention, open meeting requirements and the like."

[The Williamsburg area] Tourism Council members don’t know if the entity, which is funded entirely by public money, is considered a public body. While open-government experts dispute the suggestion the Tourism Council isn’t a public body, the uncertainty throws into question whether the Tourism Council is legally subject to the requirements that definition entails, such as holding open meetings and fulfilling Freedom of Information Act requests. As the Tourism Council awaits a legal opinion from the state’s Division of Legislative Services to settle the issue, its membership expressed split opinions on whether the body should be legally subject to public scrutiny. But according to the Tourism Council’s legal counsel, transparency may not be a requirement. The intent of the legislation that created the Tourism Council, according to the body’s legal counsel Greg Davis, appears to exempt the organization from Freedom of Information Act requests and a requirement to hold public meetings. The General Assembly didn’t want to “burden” the Tourism Council with the formalities a public body requires — the Freedom of Information Act, records retention, open meeting requirements and the like, Davis said.
The Virginia Gazette

Franklin County and its top building official have settled a former employee’s sexual harassment lawsuit days before a jury trial that could have revealed a prior allegation against the official. Franklin County and its top building official have settled a former employee’s sexual harassment lawsuit days before a jury trial that could have revealed a prior allegation against the official.
The Roanoke Times

Each year, state lawmakers across the U.S. introduce thousands of bills dreamed up and written by corporations, industry groups and think tanks. Disguised as the work of lawmakers, these so-called “model” bills get copied in one state Capitol after another, quietly advancing the agenda of the people who write them.  A two-year investigation by USA TODAY, The Arizona Republic and the Center for Public Integrity reveals for the first time the extent to which special interests have infiltrated state legislatures using model legislation. USA TODAY and the Republic found at least 10,000 bills almost entirely copied from model legislation were introduced nationwide in the past eight years, and more than 2,100 of those bills were signed into law.  The investigation examined nearly 1 million bills in all 50 states and Congress using a computer algorithm developed to detect similarities in language. 
The News Leader
Virginia ranked fourth in the country for passing copycat model bills. USA TODAY hasn’t released a state-by-state breakdown of which bills were passed here. But it does say legislation put forward by industry groups was particularly common compared to bills advanced by conservative or liberal groups.
WCVE

For the first time since the McDonnell gifts scandal, Virginia lawmakers reported an increase in the gifts and paid travel they accepted in 2018, according to data published Friday by the nonpartisan Virginia Public Access Project. Despite the spike, the amounts are still far lower than in the pre-McDonnell era, when lawmakers routinely took lobbyist-paid trips to Washington Redskins games, hunting properties in Canada or the Masters golf tournament. The total value of gifts and paid conferences lawmakers had reported had dropped each year since 2013, falling to $77,000 in 2017 before rising to $132,000 in 2018, according to VPAP, which published data lawmakers are required to provide once a year in economic interest statements.
Richmond Times-Dispatch

Confusion has arisen over whether or not the Front Royal-Warren County Economic Development Authority board ever formally approved the sale of a piece of land that it bought for $577,000 but was sold for $10, according to a deed. The 3.5-acre parcel at the end of Royal Lane was sold by the EDA to Cornerstone L.P. on Nov. 28, 2018, for $10. It was supposed to be the site of a workforce housing complex on which construction has yet to begin.  The board in 2017 approved the purchase of the land for $445,000 from former director Jennifer McDonald’s aunt and uncle after previously being told it would be gifted to the EDA. An EDA civil lawsuit alleges that McDonald continuously said the Winchester-based construction company, the Aikens Group, would reimburse the EDA for the purchase. Cornerstone L.P. is an entity of the Aikens Group. No company representatives have responded to three phone inquiries.
Northern Virginia Daily

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stories of national interest

A federal judge in New York has shut down a Freedom of Information Act lawsuit brought by Gizmodo Media Group against the U.S. Department of Justice over alleged wiretaps of President Donald Trump, saying the DOJ was within its legal rights when it couldn’t confirm nor deny any such material.
Courthouse News Service

A US government climate change advisory group scrapped by Donald Trump has reassembled independently to call for better adaptation to the floods, wildfires and other threats that increasingly loom over American communities. The Trump administration disbanded the 15-person Advisory Committee for the Sustained National Climate Assessment in August 2017. The group, formed under Barack Obama’s presidency, provided guidance to the government based on the National Climate Assessment, a major compendium of climate science released every four years. Documents released under freedom of information laws subsequently showed the Trump administration was concerned about the ideological makeup of the panel. “It only has one member from industry, and the process to gain more balance would take a couple of years to accomplish,” wrote George Kelly, then the deputy chief of staff at the National Oceanic and Atmospheric Administration, in a June 2017 email.
Mother Jones

Police records related to investigations can be withheld from the public under Iowa's freedom of information law even after the cases have been closed, a unanimous Iowa Supreme Court ruled Friday. A clause in the Iowa Open Records Act that exempts "peace officers' investigative reports" from public disclosure does not apply only to ongoing investigations, the court ruled. Those reports, which departments have argued include audio and video files, 911 calls and witness statements, do not lose their confidential status when investigations are over, Justice Thomas Waterman wrote for the court.
The Quad-City Times

 

 

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"Reports, which police departments have argued include audio and video files, 911 calls and witness statements, do not lose their confidential status when investigations are over."

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editorials & columns

 

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"Removing information that’s available to the public is the first step down a slippery slope that leads to closed records."

If you break the law in New York, don’t worry about how you look for your mug shot. New York State Police have stopped releasing mug shots to the public as part of the 2020 executive budget, approved by the state legislature last weekend. Once signed into law by Gov. Andrew Cuomo, the bill goes into effect immediately for all police agencies in the state, according to an article in the Watertown Daily Times. Until recently, New York State Police routinely released multiple mug shots a day in press releases, in response to media requests and on the organization’s news website. We hope Virginia doesn’t follow this path. Removing information that’s available to the public is the first step down a slippery slope that leads to closed records. That’s not good for democracy.
Richmond Times-Dispatch

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