Transparency News, 5/26/20

Tuesday
May 26, 2020

There was no issue of VCOG's Access News Friday, May 22, or Memorial Day, May 25.
 

state & local news stories

“If you go too much in this direction of having these 2-2-1 kinds of meetings, you risk not only getting pushback on ... the policy decisions — you’re also going to get pushback on the way it was handled."

NOTE: Delegates Marcus Simon (D-Falls Church) and William Wampler (R-Abingdon) have been named by the Speaker of the House to the Virginia Freedom of Information Advisory Council. 

At first, it seemed like a promising lead.  In late March, the Virginia Department of Health — a key player in the state’s unified command team responding to the COVID-19 pandemic — reached out to the U.S. Navy, which operates its largest base in Norfolk. Bob Mauskapf, the director of VDH’s Office of Emergency Preparedness, had gotten a tip that the Norfolk Naval Shipyard (actually located in nearby Portsmouth) could use its 3D printer to manufacture plastic face shields. It was less than a month after the state confirmed its first known case of coronavirus, but supplies of personal protective equipment were already a major concern.  Around the same time, the Federal Emergency Management Agency had changed its reporting standards for future shipments, requiring states to calculate their “burn rate” for personal protective equipment before receiving new supplies. It was a policy FEMA had announced the day before, according to an email passed down from MaryAnn Tierney — one of the agency’s regional administrators — to state emergency coordinators. The Mercury obtained the email through a Freedom of Information Act request for communications related to the distribution of personal protective equipment. 
Virginia Mercury

Although safety guidelines are urging people to stay home as much as possible to slow the spread of the coronavirus, the work of government is still continuing. With government offices closed to the public, most public business is being conducted online through guidance from the state about open-meeting laws. So how is Charlottesville faring in the balance of safety and transparency? Some activists are pleasantly surprised. Megan Rhyne said Virginia was helped by having an existing electronic meeting law when the pandemic started so it could quickly adapt.
The Daily Progress

Charlottesville officials are preparing to begin discussions about removing the two Confederate statues that were at the heart of the deadly 2017 Unite the Right rally. In an April email, City Manager Tarron Richardson indicated that he wants to hold so-called 2-2-1 meetings with the City Council in June to discuss the removal of the statues. The Daily Progress obtained the email through a request under the Virginia Freedom of Information Act. Megan Rhyne, executive director of the Virginia Coalition for Open Government, said she isn’t familiar with all of the new law’s requirements for removing statues, but cautioned governments from waiting too long before informing the public. “If you go too much in this direction of having these 2-2-1 kinds of meetings, you risk not only getting pushback on one side or the other based on the policy decisions — you’re also going to get pushback on the way it was handled,” she said.
The Daily Progress

stories of national interest

"An Associated Press survey of all 50 states found a hodgepodge of public information about the purchase of masks, gloves, gowns and other hard-to-get equipment for medical and emergency workers."

States are spending billions of dollars stocking up on medical supplies such as masks and breathing machines during the coronavirus pandemic. But more than two months into the buying binge, many aren't sharing details about how much they’re spending, what they’re getting for their money or which companies they’re paying. An Associated Press survey of all 50 states found a hodgepodge of public information about the purchase of masks, gloves, gowns and other hard-to-get equipment for medical and emergency workers. Some states say technological barriers prevent them from posting more information. Others provided no explanation for why they aren't doing so.
Associated Press

A Michigan Court of Claims Judge has ruled in favor of Gov. Gretchen Whitmer in a lawsuit that challenged the validity of an executive order that relaxed requirements of the Freedom of Information Act during the COVID-19 pandemic. Executive Order 2020-38, in effect from April 5 through June 4, has relaxed requirements of government workers responding in person to FOIA requests during the coronavirus outbreak. Judge Cynthia Diane Stephens on Thursday, May 21 ruled that the order was within the scope of the governor’s authority granted by the Emergency Powers of Governor Act, because “it was reasonable and necessary for the protection of life and/or to bring the spread of COVID-19 under control.” Hemlock-based attorney Philip L. Ellison filed the lawsuit for his two clients, Eric Ostergren of Midland County and Jason Gillman Jr. of Ingham County. Ellison said he plans to appeal Judge Stephens’ ruling in the near future.
mLIVE

The last six minutes of an ugly, behind-closed-doors Waukegan Public Library board meeting will be made public, the board decided Wednesday evening. The 6-3 vote was the result of a complaint filed by Trustee Annette Darden with the Illinois Attorney General’s Office, alleging that the library’s Board of Trustees violated the state’s Open Meetings Act and that the library improperly denied her Freedom of Information Act request for the video of the meeting. President Sylvia England said the goal in proactively releasing the six minutes of video is to avoid the Illinois Attorney General’s Office ordering that the entire video be released to the public.
Chicago Tribune

Following records requests from Fox News about documents related to Tara Reade's allegations against Joe Biden, the University of Delaware refused to provide any documents from its collection of Biden's senatorial papers, citing a provision in state law that purportedly exempts the school from requests not related to "public funds." The university, which stores and owns the records, gave its response late Wednesday ahead of a looming deadline.
Fox News