Transparency News 5/19/15
Tuesday, May 19, 2015
State and Local Stories
WINA radio host and SchillingShow.com founder, Rob Schilling, is initiating a FOIA-related lawsuit against Greene County, Virginia. Arlington-based Attorney, Chaim Mandelbaum, notified Greene County officials of the Petition for Writ of Mandamus and Injunctive Relief on Friday. “There is no one above the law,” said Schilling, “and that includes Mr. Barkley and the Greene County Board of Supervisors. The public’s access to government-generated documentation and information should not be abridged, and in this instance, it appears that it was—through either omission or commission.” Schilling continued, “The fox is guarding the FOIA henhouse in Greene County; it’s sad that a lawsuit is required to ensure the protections promised by Virginia statute. Schilling hopes the suit will serve as a warning to wayward government officials statewide, that they are bound by law and not by personal fancy. (UPDATE: Schilling says the county turned over the records after this news release went out.)
Provided by The Schilling Show, no link
Public officials must abide by the Freedom of Information Act, which balances citizens’ right of access to government with the need of governing bodies to function, said the executive director of the FOI Advisory Council on Monday night. FOIA applies to everyone here, Maria J.K. Everett told several dozen Pittsylvania County officials during a presentation held at the Olde Dominion Agricultural Complex in Chatham. About 50-75 residents, county department heads, and members of boards and commissions attended the meeting held by the county. Everett talked about FOIA as it applies to meetings of governing bodies and public records. Citizens expect governments to obey the law, be professional and be responsive to them, Everett said. Government employees, in order to comply with FOIA, need to stay in touch with the “citizen side” of themselves as government officials, she said. “Is this the way you want to be treated?” Everett said officials should ask themselves when dealing with citizens.
Register & Bee
Texting a public official during a meeting isn't against state law, but one Chesapeake City Council member wants to discuss the ethics of it after a builder's representative said he sent a message to Planning Commissioners in an effort to sway their votes. Pete Burkhimer, a former council member who was presenting a rezoning request, told the City Council at an April meeting that the only reason the Planning Commission did not recommend approval is that he told them by text message to deny it. "Well, we had a lot of opposing speakers there and we had only eight members at Planning Commission, and frankly, I texted a couple of them and asked them to vote no so we didn't end up hung up in a 4-4 tie and having the thing delayed yet another month," Burkhimer said. "Despite my belief in the good character and honesty of those who may have been involved in the action, I have concerns about the impression such activity leaves with the public," City Council Member Debbie Ritter wrote. "Our citizens have every right to expect objective review and disposition of applications." Burkhimer contends that nothing was wrong with sending a text message during the vote since he had cellphone numbers of the members. "I could have gone up there and asked them to move it along, but that would have been weird," Burkhimer said after the meeting. "This was a less weird way of doing it."
Virginian-Pilot
At a late April meeting on the budget, the Portsmouth City Council covered a lot of ground: money for schools, Christmas lights, bus drivers and the fate of unfilled positions. Then the focus narrowed. A councilman suggested cutting a specific position - the city auditor. The auditor, Jesse Andre Thomas, has become a political lightning rod in the year since The Virginian-Pilot reported he had not completed any audits in his first 14 months on the job. Some council members want to get rid of Thomas, who was hired in 2013 as the city's first auditor. A majority supports keeping him, saying his work has saved the city money. Earlier this month, in response to Freedom of Information Act request from The Pilot, Thomas handed over a cardboard box stuffed with files and documents. The contents revealed he has completed two audits and two special project reviews since being hired.
Virginian-Pilot
A former Fairfax County police officer was charged Monday with stealing more than 2,500 gallons of gas while he was an officer. Lon A. Wolber submitted his retirement from the police force the day after he was confronted with evidence of his theft, Chief of Police Edwin C. Roessler Jr. said in a video about Wolber’s indictment which the department posted on YouTube on Monday. Roessler explained that county employees use an access code to obtain fuel at a county pump. A police department employee noticed unusual activity at a county gas pump in October, and the subsequent inspection of the fuel access computer’s records indicated that someone had been obtaining gas using retired employees’ codes and the codes of active employees who were working in other areas.
Washington Post
National Stories
More than 50,000 pages of emails from Hillary Rodham Clinton’s tenure as secretary of state might not be made public until early 2016, according to a State Department court filing on Monday. In response to a Freedom of Information Act lawsuit filed this year, the State Department said that reviewing 55,000 pages of exchanges from Mrs. Clinton’s private email account would be labor-intensive and time-consuming. Noting the considerable public interest in the emails, the department “is endeavoring to complete the review and production of them as expeditiously as possible,” said John F. Hackett, acting director of the Office of Information Programs and Services at the State Department. “The collection is, however, voluminous and, due to the breadth of topics, the nature of the communications, and the interests of several agencies, presents several challenges.” The State Department is proposing a date of Jan. 15, 2016, for releasing the emails.
New York Times
Prosecutors want a judge to bar attorneys, police and witnesses from talking outside court about the case of Freddie Gray, arguing that statements by attorneys for some of the six police officers accused in Gray's death could prejudice the public, according to court documents obtained Monday. "The efforts by defense counsel will have the necessary effect of undermining both the state's right to present the investigation to a fair and impartial grand jury in this matter and tainting the pool of potential jurors who may ultimately decide this case in a court of law," wrote Antonio Gioia, a deputy state's attorney, in the motion filed last week. The motion also alleged that attorneys for the officers have provided copies of pretrial motions to the media before prosecutors received them. Prosecutors said that, in contrast, they have denied all media requests for documents and evidence about the investigation to protect the officers' right to a fair trial.
Fox News
Pennsylvania State University said on Friday two cyberattacks on its College of Engineering compromised servers containing personal information on about 18,000 people. Penn State, a major developer of technology for the U.S. Navy, said there was no evidence that research or personal data such as social security or credit card numbers had been stolen. Cybersecurity firm Mandiant has confirmed that at least one of the two attacks was carried out by a "threat actor" based in China, Penn State said.
Reuters
Editorials/Columns
This is about an attitude in government that anything not specifically designated as a public record can be withheld. In fact, the law says the opposite: "The affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government." And so, dear justices, it is time for you to step in and provide some adult supervision to your office. The court that serves as the final arbiter of state lawsuits should itself obey the law of the Commonwealth of Virginia. Instruct the executive secretary to release this record. Show that Virginia honors transparency and recognizes the importance of access. And remove any official who openly flouts the public's right to know.
Daily Press
Honesty is the best policy. The coverup is worse than the crime. Know when to leave. Those are but three clichés applicable to the recent galling episodes at Child Protective Services and the Augusta County Sheriff's Office. First, the travesty at CPS. As a News Leader investigation recently revealed, last October a CPS supervisor took it upon him or herself to order the deletion of 200 voice mail messages left unanswered over at six-month period. The supervisor listened to a sampling of the messages and decided that none was from someone reporting suspected child abuse. The next month, when CPS management discovered what happened, they reprimanded the supervisor with a letter put in his or her file. They did not inform the public. A simple press release explaining what had happened and asking the public to call back if necessary would have been the obvious, upfront, ethical response to this grave error. That is not what happened. Rather than take the time to listen to 200 voice mail messages, a supervisor made an assumption and then when her neglect was discovered, the higher-ups at CPS covered it up. In explaining how the voice mail deletion was discovered, County Administrator Pat Coffield used this colorful language: "This little can of whoop-ass opened a bigger can of whoop-ass."
News Leader
Police departments and communities are looking to body cameras to curb police misconduct and rebuild community trust. But whether that technology, which can record what the police see, will be used to benefit the public remains to be seen. Even if it takes time and money to process these videos, isn’t it worth it? The goal of body cameras is to build trust between communities and the public servants sworn to protect them. If the public can’t see what the police are doing, that will never happen.
Adam A. Marshall and Katie Townsend, Washington Post
State and Local Stories
WINA radio host and SchillingShow.com founder, Rob Schilling, is initiating a FOIA-related lawsuit against Greene County, Virginia. Arlington-based Attorney, Chaim Mandelbaum, notified Greene County officials of the Petition for Writ of Mandamus and Injunctive Relief on Friday. “There is no one above the law,” said Schilling, “and that includes Mr. Barkley and the Greene County Board of Supervisors. The public’s access to government-generated documentation and information should not be abridged, and in this instance, it appears that it was—through either omission or commission.” Schilling continued, “The fox is guarding the FOIA henhouse in Greene County; it’s sad that a lawsuit is required to ensure the protections promised by Virginia statute. Schilling hopes the suit will serve as a warning to wayward government officials statewide, that they are bound by law and not by personal fancy. (UPDATE: Schilling says the county turned over the records after this news release went out.)
Provided by The Schilling Show, no link
Public officials must abide by the Freedom of Information Act, which balances citizens’ right of access to government with the need of governing bodies to function, said the executive director of the FOI Advisory Council on Monday night. FOIA applies to everyone here, Maria J.K. Everett told several dozen Pittsylvania County officials during a presentation held at the Olde Dominion Agricultural Complex in Chatham. About 50-75 residents, county department heads, and members of boards and commissions attended the meeting held by the county. Everett talked about FOIA as it applies to meetings of governing bodies and public records. Citizens expect governments to obey the law, be professional and be responsive to them, Everett said. Government employees, in order to comply with FOIA, need to stay in touch with the “citizen side” of themselves as government officials, she said. “Is this the way you want to be treated?” Everett said officials should ask themselves when dealing with citizens.
Register & Bee
Texting a public official during a meeting isn't against state law, but one Chesapeake City Council member wants to discuss the ethics of it after a builder's representative said he sent a message to Planning Commissioners in an effort to sway their votes. Pete Burkhimer, a former council member who was presenting a rezoning request, told the City Council at an April meeting that the only reason the Planning Commission did not recommend approval is that he told them by text message to deny it. "Well, we had a lot of opposing speakers there and we had only eight members at Planning Commission, and frankly, I texted a couple of them and asked them to vote no so we didn't end up hung up in a 4-4 tie and having the thing delayed yet another month," Burkhimer said. "Despite my belief in the good character and honesty of those who may have been involved in the action, I have concerns about the impression such activity leaves with the public," City Council Member Debbie Ritter wrote. "Our citizens have every right to expect objective review and disposition of applications." Burkhimer contends that nothing was wrong with sending a text message during the vote since he had cellphone numbers of the members. "I could have gone up there and asked them to move it along, but that would have been weird," Burkhimer said after the meeting. "This was a less weird way of doing it."
Virginian-Pilot
At a late April meeting on the budget, the Portsmouth City Council covered a lot of ground: money for schools, Christmas lights, bus drivers and the fate of unfilled positions. Then the focus narrowed. A councilman suggested cutting a specific position - the city auditor. The auditor, Jesse Andre Thomas, has become a political lightning rod in the year since The Virginian-Pilot reported he had not completed any audits in his first 14 months on the job. Some council members want to get rid of Thomas, who was hired in 2013 as the city's first auditor. A majority supports keeping him, saying his work has saved the city money. Earlier this month, in response to Freedom of Information Act request from The Pilot, Thomas handed over a cardboard box stuffed with files and documents. The contents revealed he has completed two audits and two special project reviews since being hired.
Virginian-Pilot
A former Fairfax County police officer was charged Monday with stealing more than 2,500 gallons of gas while he was an officer. Lon A. Wolber submitted his retirement from the police force the day after he was confronted with evidence of his theft, Chief of Police Edwin C. Roessler Jr. said in a video about Wolber’s indictment which the department posted on YouTube on Monday. Roessler explained that county employees use an access code to obtain fuel at a county pump. A police department employee noticed unusual activity at a county gas pump in October, and the subsequent inspection of the fuel access computer’s records indicated that someone had been obtaining gas using retired employees’ codes and the codes of active employees who were working in other areas.
Washington Post
National Stories
More than 50,000 pages of emails from Hillary Rodham Clinton’s tenure as secretary of state might not be made public until early 2016, according to a State Department court filing on Monday. In response to a Freedom of Information Act lawsuit filed this year, the State Department said that reviewing 55,000 pages of exchanges from Mrs. Clinton’s private email account would be labor-intensive and time-consuming. Noting the considerable public interest in the emails, the department “is endeavoring to complete the review and production of them as expeditiously as possible,” said John F. Hackett, acting director of the Office of Information Programs and Services at the State Department. “The collection is, however, voluminous and, due to the breadth of topics, the nature of the communications, and the interests of several agencies, presents several challenges.” The State Department is proposing a date of Jan. 15, 2016, for releasing the emails.
New York Times
Prosecutors want a judge to bar attorneys, police and witnesses from talking outside court about the case of Freddie Gray, arguing that statements by attorneys for some of the six police officers accused in Gray's death could prejudice the public, according to court documents obtained Monday. "The efforts by defense counsel will have the necessary effect of undermining both the state's right to present the investigation to a fair and impartial grand jury in this matter and tainting the pool of potential jurors who may ultimately decide this case in a court of law," wrote Antonio Gioia, a deputy state's attorney, in the motion filed last week. The motion also alleged that attorneys for the officers have provided copies of pretrial motions to the media before prosecutors received them. Prosecutors said that, in contrast, they have denied all media requests for documents and evidence about the investigation to protect the officers' right to a fair trial.
Fox News
Pennsylvania State University said on Friday two cyberattacks on its College of Engineering compromised servers containing personal information on about 18,000 people. Penn State, a major developer of technology for the U.S. Navy, said there was no evidence that research or personal data such as social security or credit card numbers had been stolen. Cybersecurity firm Mandiant has confirmed that at least one of the two attacks was carried out by a "threat actor" based in China, Penn State said.
Reuters
Editorials/Columns
This is about an attitude in government that anything not specifically designated as a public record can be withheld. In fact, the law says the opposite: "The affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government." And so, dear justices, it is time for you to step in and provide some adult supervision to your office. The court that serves as the final arbiter of state lawsuits should itself obey the law of the Commonwealth of Virginia. Instruct the executive secretary to release this record. Show that Virginia honors transparency and recognizes the importance of access. And remove any official who openly flouts the public's right to know.
Daily Press
Honesty is the best policy. The coverup is worse than the crime. Know when to leave. Those are but three clichés applicable to the recent galling episodes at Child Protective Services and the Augusta County Sheriff's Office. First, the travesty at CPS. As a News Leader investigation recently revealed, last October a CPS supervisor took it upon him or herself to order the deletion of 200 voice mail messages left unanswered over at six-month period. The supervisor listened to a sampling of the messages and decided that none was from someone reporting suspected child abuse. The next month, when CPS management discovered what happened, they reprimanded the supervisor with a letter put in his or her file. They did not inform the public. A simple press release explaining what had happened and asking the public to call back if necessary would have been the obvious, upfront, ethical response to this grave error. That is not what happened. Rather than take the time to listen to 200 voice mail messages, a supervisor made an assumption and then when her neglect was discovered, the higher-ups at CPS covered it up. In explaining how the voice mail deletion was discovered, County Administrator Pat Coffield used this colorful language: "This little can of whoop-ass opened a bigger can of whoop-ass."
News Leader
Police departments and communities are looking to body cameras to curb police misconduct and rebuild community trust. But whether that technology, which can record what the police see, will be used to benefit the public remains to be seen. Even if it takes time and money to process these videos, isn’t it worth it? The goal of body cameras is to build trust between communities and the public servants sworn to protect them. If the public can’t see what the police are doing, that will never happen.
Adam A. Marshall and Katie Townsend, Washington Post
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