Transparency News 7/29/16

Friday, July 29, 2016

More than a year ago, three Pittsylvania County residents accused the county’s Agricultural Development Board of violating Virginia’s Freedom of Information Act. On Thursday, their concerns were heard again in Pittsylvania County’s Circuit Court. On Thursday, Reynolds did not find FOIA violations in the examples given by the plaintiffs, but he was deeply concerned by the production of minutes that Hunt had said did not exist — and that he was responsible for producing. “For whatever reason, Mr. Hunt didn’t know what was going on,” said Reynolds near the end of the hearing. “They’ve [the board] been neglectful as all get out over the years, because they hadn’t been trained on FOIA. The court is very concerned about that.” He issued a writ of mandamus for the Agricultural Development Board to keep and produce minutes to the public regularly for the next 18 months. The order may be rescinded then. Attorney Jim Guynn, representing the ag board, was confused by this because it was a past violation, not one that occurred after the October hearing, and he didn’t know that it would be on the table. “This issue should have been on the county’s radar. The court feels hoodooed by the county. If they take minutes, they are a public record and subject to FOIA,” said Reynolds. “Whatever the agenda may be, [the plaintiffs are] entitled to that information.”
Register & Bee

A civil-liberties lawsuit against the city of Charlottesville was filed in federal court Thursday, setting the stage for a legal battle between the city and an Albemarle County man who says the community needs to be aware that allowing Muslim refugees into Central Virginia invites criminal activity.  Last month, Joe Draego was removed from a City Council meeting after he referred to Muslims as “monstrous maniacs,” alleging that the council and members of the community are willfully ignoring the threat that Muslim refugees might pose. According to the lawsuit, Draego’s First and Fourteenth Amendment rights were violated when the council voted to have him removed per council meeting rules, adopted earlier this year, that prohibit “defamatory attacks on individuals and groups.”
Daily Progress

Roanoke officials say Donald Trump’s town hall Monday at Hotel Roanoke & Conference Center cost the city $19,900 for police, fire and emergency personnel who staffed the event. Police personnel costs accounted for the bulk of the charges, approximately $13,400 total. It’s not clear either what the cost of the rental was, or whether partial or full payment was required in advance of the visit. The Roanoke Times has requested a copy of the contract from the executive director of the Hotel Roanoke Conference Center Commission, a public-private partnership that oversees the conference center portion of the hotel, where Trump spoke.
Roanoke Times


National Stories
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The new update to the Freedom of Information Act signed into law earlier this month mandates a presumption of openness, and adds new appeal rights for citizens whose requests are denied. That’s welcome news to reporters and other frequent FOIA requesters, but it means government contractors may have to work harder to protect critical trade secrets and proprietary information from the public eye.
Federal News Radio

Former Oregon first lady Cylvia Hayes is appealing a judge's ruling that she must pay The Oregonian/OregonLive $127,760 to cover the news organization's legal fees in her unsuccessful public records lawsuit.  Hayes, who faces a federal criminal investigation, did not return a message seeking comment.  Her appeal of Prall's decision is the latest turn in a battle that began when Hayes refused to turn over emails sought by The Oregonian/OregonLive. The judge rejected Hayes' claim that she was not a "public body" subject to Oregon public records law. 
The Oregonian