Transparency News 9/23/15

Wednesday, September 23, 2015
    State and Local Stories

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  University of Virginia student Martese Johnson was drinking in the hours before his controversial arrest outside a Charlottesville bar last March, according to witnesses interviewed as part of an administrative investigation into the handling of the incident by officers from the Department of Alcoholic Beverage Control. The investigation, released Tuesday by the office of Gov. Terry McAuliffe, documents Johnson's partying on St. Patrick's Day leading up to the 12:40 a.m. encounter. It quotes witnesses saying Johnson had been drinking and Johnson himself as admitting to consuming "two beers" earlier in the evening. 
Richmond Times-Dispatch

Gov. Terry McAuliffe said on Tuesday that the state will release a report on an arrest that left a University of Virginia student bloody and in need of stitches. Until now, McAuliffe (D) has refused to release a state police investigation into the March arrest of Martese Johnson by state alcohol control agents, saying he was prohibited from making it public because it was a personnel record. On Tuesday morning, McAuliffe said the administration had overcome that obstacle by obtaining signed waivers from the three officers. “We just got the waivers,” McAuliffe said. “I said always that if they want it released, they have the right to send the waivers to us. And we just received the waivers from Travis Hill, the head of ABC, so we’ll be releasing it today.” The report was expected to be released later Tuesday.
Washington Post

The report can be found here

State higher-education officials are set to embark on small, private meetings to begin addressing serious financial and enrollment troubles confronting Virginia’s colleges and universities. A day after hearing from college presidents about the challenges ahead, the State Council of Higher Education for Virginia approved six initiatives Tuesday for implementing its new strategic plan — priorities that include seeking legislative changes to require stable public funding for the colleges, such as through a constitutional amendment or dedicated revenue source. G. Gilmer Minor, the council’s chairman, suggested proceeding with discussions in a way that would not trigger requirements of the state Freedom of Information Act. “We have, obviously, FOIA and we will conform to every aspect of FOIA for every step we take as a council,” Minor said. “Having said that, there are ways that we can broaden our discussions” with college presidents, lawmakers and others. He suggested discussions be undertaken by “no more than two” council members, because the open-meeting law takes effect when three members are present. “We also can have open meetings, which we should when we get to the point where we have some action to move forward with and some consensus,” Minor said. “We have nothing to hide, and everything to gain.”
Richmond Times-Dispatch


National Stories

Senate Judiciary Committee Chairman Chuck Grassley is blasting the FBI for rebuffing a judge's request for information on the law enforcement agency's investigation into former Secretary of State Hillary Clinton's private email system. Grassley, whose panel oversees the FBI, reacted sharply to a letter the FBI sent Monday turning aside U.S. District Court Judge Emmet Sullivan's request for information on whether investigators have been able to retrieve records from a backup thumb drive of Clinton emails or from a server turned over by a tech company Clinton hired.
Politico

Kevin Johnson, the mayor of Sacramento, and the Sacramento City Attorney are now resisting efforts by two separate news organizations to gain access to public records, according to a recent filing in a California court. The development is the latest twist in an unusual public records dispute in which Johnson has sued his own city and the Sacramento News & Review in an effort to prevent the release of email requested by the newspaper under the California Public Records Act. Now both the mayor and the city’s attorney are trying to keep Deadspin, which also requested the email, out of the case. Johnson, like many other officials around the country, has been criticized for using non-governmental email accounts to conduct public business. But a government official’s use of a private email account does not shield public records from disclosure under the Public Records Act.
Reporters Committee for Freedom of the Press

What do efforts to repaint polling stations, spruce up community pools and hand out community conservation kits have in common? All were initiatives proposed by nonprofits, government employees or other people that received money from the John S. and James. L Knight Foundation’s Cities Challenge last year. The Knight Foundation’s Cities Challenge offered a share of $5 million to applicants with ideas for making cities better. This October, it's launching its second search for innovative and unorthodox ideas on ways to develop American cities -- and anyone can enter.
Governing

A former Fox News producer was among nine journalists subpoenaed Tuesday as part of a lawsuit over the Obama administration investigation that led to the resignation of CIA Director David Petraeus. Tampa socialite Jill Kelley and her husband Scott sued the federal government in 2013, alleging that officials violated the U.S. Privacy Act by disclosing information about the couple. Jill Kelley was implicated in 2012 scandals involving Petraeus and Marine Gen. John R. Allen. Those subpoenaed include ABC News' Justin Fishel, who had been a producer covering the Pentagon and the State Department for Fox News until January of this year.  The other eight journalists were identified by Politico as Yahoo News editor Dan Klaidman, formerly of the Daily Beast; former Washington Post reporter Doug Frantz, now a senior State Department official; Daily Beast reporter Michael Daly; Daily Beast reporter Kim Dozier, formerly of the Associated Press; Washington Post reporter Adam Goldman, formerly of the Associated Press; AP reporter Anne Flaherty; Washington Post reporter Craig Whitlock and former Washington Post reporter and editor Rajiv Chandrasekaran.
Fox News

Editorials/Columns

Virginia Attorney General Mark Herring is right. So is the State Board of Elections, which his office represents. And so are Virginia’s Republican congressmen, who are co-defendants in a suit against the state. All of them either have asked federal judges to post redistricting proposals that might replace the state’s current congressional map, or have signified their assent to the request. Oddly, the lawyers who represent the plaintiffs — the ones who complain that the current map tramples upon the rights of the citizenry — do not want alternatives posted in an easily accessible forum. Why? Because the court “is best positioned to make” the right decision. And because people who really want to see the alternatives can request them from the court clerk’s office, so any broader distribution is “unnecessary.” Bunk.
Richmond Times-Dispatch

The Virginia Supreme Court handed proponents of secrecy a monumental victory last week, one that could have grim implications for the people's right to know how their government operates. Ruling in a case involving the death penalty, the high court decided that documents with sensitive information need not be redacted before their release. Instead, officials can simply withhold them from public view rather than simply striking the parts they consider unfit for disclosure. The ramifications are profound. Now, any document with a morsel of information shielded under exemptions in Virginia's Freedom of Information Act could potentially be denied to citizens. It's a decision that could dramatically diminish the scope of open government laws in Virginia, and one that should be reversed by the General Assembly as soon as it next convenes.
Daily Press  

 

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