Transparency News 6/19/19

 

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Wednesday
June 19, 2019

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state & local news stories

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"[The Stoney] administration has argued that its ongoing negotiations over the plans could be harmed by the release of information."

Two FOIA Council subcommittees each met this week to discuss bills referred by the 2019 General Assembly:

  • One bill would grant the State Forester "confidential" status for trade secrets, third-party reports of criminal violations and active administrative investigations. Subcommittee member Kathleen Dooley said she was convinced existing FOIA exemptions covered the material, but the department insisted it was given advice by the Attorney General's office that they didn't. The subcommittee asked staff to work on narrower language and asked that the assistant AG who gave the advice explain his/her position at a future subcommittee meeting.
  • The other bill was about donor records at public colleges/universities. The subcommittee endorsed a change to the current FOIA exemption to require disclosure of names, amounts given, etc. The exemption would allow for anonymous gifts, but not if they impose terms and conditions on academic decision-making. The subcommittee did not recommend the second part of the bill, which directs university foundations to create a contract of acceptance that will be shared with the university if a gift includes terms and conditions. The subcommittee acknowledged that the bill's patron, Del. David Bulova, and the university community could still pursue this section and that the full council might endorse an agreement the stakeholders reach.


Days before a deadline to divulge new information related to the $1.4 billion Richmond Coliseum redevelopment proposal, Mayor Levar Stoney’s administration has challenged a Richmond judge’s decision ordering the information’s release. New court filings bear out the latest step Stoney has taken to keep secret any information related to the massive economic development deal that could reshape downtown. His administration has argued that its ongoing negotiations over the plans could be harmed by the release of information. Stoney spokesman Jim Nolan declined to comment on the filing, saying the city does not comment on pending litigation.
Richmond Times-Dispatch

Albemarle County is requesting feedback on its communications and engagement. The county is currently evaluating these functions, which includes Amail, its website and public meetings. “Our goal is to better engage with you — our community. We want to hear from you about what we are doing well and what we can do better,” a news release said.
The Daily Progress

Court documents state that Jennifer McDonald, the former Front Royal-Warren County Economic Development Authority executive director, “is suspected” of embezzling $10,000 of town and county money to pay Berlik Law LLC, a firm bearing the name of the lawyer she hired to represent her in two lawsuits. Court filings by Cherry Bekaert, the firm that investigated the EDA’s finances, states that “on or about” Nov. 21, McDonald requested a $10,000 wire draw from First Bank and Trust with instructions “representing the $10,000 wire request was for the Afton Inn Attorney.” The filing adds that McDonald “also attached an invoice with wiring instruction to send the payment to Berlik Law, LLC.” Attorney Lee Berlik, of Berlik Law, was hired by McDonald to represent her in a civil defamation case and the firm has represented her in a $17.6 million embezzlement lawsuit filed by the EDA in which she is one of nine defendants.
The Northern Virginia Daily

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editorials & columns

 

FOIA isn't supposed to be adversarial. There are places all through the law that encourage government and requesters to work together. The policy statement reaffirms that this is about ready access for the public because "the affairs of government are not intended to be  conducted in an atmosphere of secrecy." When FOIA works -- and it usually does (I hear about the times things go wrong, not the times it go right) -- it is an ask-and-receive transaction. There are denials along the way, of course, but the process usually goes smoothly. Don't tell that to Berryville.
Megan Rhyne, VCOG Blog

 

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