Transparency News 7/2/18

 

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Monday
July 2, 2018

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state & local news stories

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Alan Gernhardt, of the Virginia Freedom of Information Advisory Council, said there's nothing "inherently wrong" with an elected official gaining access to another elected official's email through a FOIA request.

A new allows people to make requests for bulk data to the Office of the Executive Secretary, which has to fulfill the request in 30 days. Names, birthdays and Social Security numbers are not included in the bulk data requests. The law also directs the OES to create an online case information database — essentially allowing someone to search by name to see what offenses that person has across Virginia — by July 1, 2019. Right now, someone would have to search manually through each jurisdiction in the state to get that information. It doesn’t address civil records, something Del. Mike Mullin, D-Newport News, and Sen. Monty Mason, D-Williamsburg, said they want to address in the future. The two were adamant supporters of getting the law for accessing criminal records changed, along with Del. Greg Habeeb, R-Salem, and state Sen. Mark Obenshain, R-Harrisonburg.
Daily Press

The Newport News/Williamsburg International Airport has racked up nearly $900,000 in legal expenses — and counting — over the past year and a half as it’s dealt with a wide range of significant legal issues. The fee clock typically ticks at a rate of $375 an hour now, but it’s been as high as $945 an hour for one attorney. The clock runs for everything from researching issues, writing legal briefs and attending court hearings to 10-minute phone calls and five-minute emails. It’s not uncommon that two airport-paid lawyers talk with each other about the cases — both of them billing the airport separately for the same phone call, records show. All told, the airport dished out $783,361 in legal fees in 2017, according to attorney invoices obtained by the Daily Press under the Virginia Freedom of Information Act. That’s 16 times the annual average of $46,885 that the airport spent between 2009 and 2016. The 2017 numbers are more than twice the prior eight years combined.
Daily Press

The Haymarket Town Council voted unanimously this week to strip the title of "vice mayor" from fellow Town Councilman Joe Pasanello two days before his term expired Saturday. The move was prompted by an email critical of Haymarket Mayor David Leake, which Pasanello sent to the writer of this story last month. Pasanello was vacationing and not at the meeting when he was censured. Pasanello said Leake gained access to his email to this writer through Freedom of Information Act requests "on four or five occasions starting in April. I don't think he FOIA'd any other council [members]," Pasanello said. Leake declined to comment on the resolution of censure, calling it a “personnel matter.” Regarding the issue of emails and access to them, Alan Gernhardt, of the Virginia Freedom of Information Advisory Council, said there's nothing "inherently wrong" with an elected official gaining access to another elected official's email through a FOIA request.
Prince William Times

Vacation schedules and other commitments are making it difficult for all five members of the Charlottesville City Council to meet to review several pressing matters. After cancelling two work sessions in June, it now seems unlikely that the entire council will be able to meet for a work session until later this summer — which, in part, could further delay adoption of the city’s Comprehensive Plan update. A calendar the clerk of council provided last week shows the rest of July and the first 17 days of August are “black-out dates,” where at least one councilor will be out of town for business or personal reasons. In a recent discussion about the scheduling of the work sessions, one of the councilors said some of the meetings might not happen until the fall.
The Daily Progress

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stories of national interest

Blogger Russ Racop, a frequent and persistent critic of Little Rock police, collected 419 photographs on Friday from the department with the promise of 73 more on Monday. The total — 490 — is one picture of every officer who does not work in an undercover capacity. Police turned over the pictures at court order after Racop, acting as his own lawyer, faced off with city attorneys before Circuit Judge Wendell Griffen in a Freedom of Information Act lawsuit that Racop filed earlier this month. “Transparency rules,” Racop said. “We have the best FOI in the country. 
Arkansas Democrat-Gazette

Many executive branch agencies have significant backlogs of Freedom of Information Act requests that could be reduced by adopting procedural improvements. And some agencies have made such improvements, a new report from the Government Accountability Office says. Yet substantial backlogs remain. All of the agencies reviewed had "implemented request tracking systems, and provided training to FOIA personnel." Most of the agencies had also "provided online access to government information, such as frequently requested records..., designated chief FOIA officers, and... updated their FOIA regulations on time to inform the public of their operations." Nevertheless, FOIA is still not functioning well system-wide. What the GAO report should have said but did not explicitly say is that even if all agencies adopted all of the recommended "best practices" for FOIA processing, they would still face substantial backlogs of unanswered requests.
Secrecy News

 

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Many executive branch agencies have significant backlogs of Freedom of Information Act requests that could be reduced by adopting procedural improvements.

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editorials & columns

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The Abingdon Town Council has already started improving their efforts to uphold FOIA and improve their transparency.

In August 2017 a local man filed a lawsuit alleging that former Abingdon Town Council members Lowe, Humphreys and Howard met in May to instruct Deb Icenhour, the town attorney, to request guidance from a circuit court judge about whether a fellow council member, Patterson, was fit to remain on the council. He claimed that the meeting violated the Freedom of Information Act. Judge Danny Bird ruled in favor of the man, and the town filed an appeal. The next hearing date is scheduled for July 19. The new regime should make a motion to drop that appeal. The individuals named in the complaint are no longer with the council, and it is an unnecessary cost to Abingdon residents. The remaining town employee named in the suit, Icenhour, has a separate attorney from the council and filed a motion to dismiss herself — both individually and professionally — from the case Jan. 8. The town is also paying for Icenhour’s new attorney — which adds an increased cost to taxpayers. Bird didn’t impose civil penalties on the parties involved, and the Town Council has already started improving their efforts to uphold FOIA and improve their transparency, which was a condition of Bird’s court order, so why move forward with the appeal?
Bristol Herald Courier

The King County (Washington) Sheriff’s Office recently got a much-deserved slap on the wrist for sharing inaccurate information with the public and the press and not correcting it in a timely manner. After the June 14, 2017, fatal shooting of 20-year-old Tommy Le by a deputy, the law enforcement agency told the press and the public that he was carrying a knife or another sharp object. The department took more than a week to correct that mistake and say Le was actually carrying a pen when he was shot. An outside review says the law enforcement agency must improve its communication efforts, and the new sheriff says the department already is working on it. But action, not words, will be the test of that promise.
The Seattle Times

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