ASNE Names Winners of Local Heroes Contest

Suzanne Harris of Miramar Beach, Florida won the American Society of News Editors' Local Heroes contest. The contest honors individuals who fought tirelessly last year to make their state or local institutions more open and accessible.

When Walton County commissioners did not respond to Harris' e-mail requests for public documents, she sued. As part of the settlement, the commissioners placed the county under court scrutiny to comply with the state's Public Records Act, agreed to hold training annually for public officials and key staff, to use only official county e-mail accounts in its transactions, and to designate an employee as records management liaison officer.

Veronica Silkes of Landing, New Jersey, took second-place for founding Concerned Active Residents of Mount Arlington, a group of citizens concerned about tax increases ad expenditures in Mount Arlington. The group gathers public documents and shares information about borough affairs on its website.

Phil and Ellen Winter of Waynesboro, Virginia took third place. The pair gathered more than 100 pages of government documents after becoming concerned when they noticed the city failed to deposit their property tax check promptly. The documents showed the city treasurer allegedly had mishandled about $400,000 in city and state taxpayer money. Their tip to the local newspaper resulted in the treasurer's defeat in the fall election.

For more about the winners, click here.

Virginia Bill to Curtail FOIA Harassment is Threat to Transparency

Legislation proposed by former newspaper editor and Virginia state delegate R. Lee Ware Jr. (R-Powhatan) to protect public bodies from FOIA harassment is headed nowhere fast. The proposed bill would allow any public body in the state to petition a court for relief from a person deemed to be abusing rights granted under FOIA.

Powhatan County's attorney and the county board of supervisors urged the bill after being receiving 25 FOIA requests from one individual last year relating to utility projects in the county.

The bill has now been sent to the Virginia Freedom of Information Advisory Council for review, which means it will be at least a year before the legislature considers the measure again.

Open records advocates say the proposed law would crush the spirit of FOIA because it could allow the government to stymie requests with threats of litigation.

Virginia Bill Would Add Another FOIA Exemption

A bill pending in the Virginia General Assembly seeks to exempt all records generated by campus threat assessment teams from the state's Freedom of Information Act.

The University of Virginia supports the legislation, saying it would allow teams to discuss potential threats to campus safety openly and would allow campus mental health providers and law enforcement officials to share confidential information.

Open government advocates disagree, cautioning the measure would make it more difficult to hold public officials accountable and identify any gaps in the campus security system if an incident were to occur.

Read more about the proposed bill here.

Virginia Bill Would Block Public Access to Concealed Handgun Records

A Virginia state representative is sponsoring legislation that would prohibit a clerk of court from providing public access to concealed handgun permit applications and information without the written consent of the applicant or permittee.

Currently, individuals records are open for inspection at the courthouse of the locality that issued the permit, but the state does not maintain an electronic database.

Read more about the proposal here.

Virginians Want Ethics Investigations Made Public

According to a poll of 506 likely voters conducted by the Judy Ford Wason Center for Public Policy at Christopher Newport University between October 8 - 13, more than 80% of likely voters say an appointed citizens review panel for ethical complaints against legislators should be made public.

Under current law, the five-member panel investigates in private.  If the panel determines a violation has occurred, the compliant is made public.  If the panel dismisses the panel, the complaint remains private unless the legislator chooses to make it public.  The October poll showed less than 10% of the likely voters polled support the current law.

For more information, click here. 

Virginia Coalition for Open Government Award Winners

The Virginia Coalition for Open Government announced its awards earlier this week.  

Carol Lindstrom of Christiansburg won the Laurence E. Richardson award for individual contributions resulting from her work to create a website for the town of Christiansburg based upon documents she obtained through FOIA requests.  Lindstrom also posts audio and video recordings of Town Council, Planning Commission, and other meetings.  

For a full list of the winners, click here. 

Gov. Kaine's schedule details his travels, sorta

Virginia Gov. Tim Kaine's office released a spreadsheet that details where Kaine was from Jan. 1 to July 18, The Roanoke Times reported. This is after his office had denied an FOI request from the GOP for this data. Although the schedule indicates that Kaine didn't travel farther than Washington, D.C., when the General Assembly was in session, the data doesn't distinguish between when travel was related to his position as governor and when it was related to his position as DNC chairman.

Wonder where Gov. Tim Kaine has been?

Republicans and media outlets have been asking that question for weeks, seeking details about Kaine’s schedule since he became chairman of the Democratic National Committee in January. The governor’s office on Tuesday released a spreadsheet that generally accounts for Kaine’s whereabouts every single day from Jan. 1 to July 18. Kaine’s office had previously denied a GOP Freedom of Information Act request for his travel details.

But Kaine spokeswoman Lynda Tran said the governor “has always responded to questions regarding his work and whereabouts and remains willing to respond to these inquiries.” She said the office will release similar details at the end of each month.

More here.

Virginia considers rule to protect juror info

The Virginia Supreme Court will receive public comments until Sept. 1 on a proposed rule that would seal juror information in all criminal trials, the Reporters Committee for Freedom of the Press reported. The Virginia Coalition for Open Government says this is "potentially unconstitutional."

The Virginia Supreme Court has proposed a rule to tighten access to juror information in all criminal trials, expanding on a 2008 state law that gives courts the authority to keep juror lists secret where there is "good cause."

The proposed rule would shield jurors' identities, giving them numbers by which they would be referred to in court. It would allow judges to further restrict disclosure of personal juror information collected by the clerk's office in some cases. Virginia Beach courts have already launched a similarly restrictive policy, closing access to juror information in all cases, according to The Virginian-Pilot.

The Virginia Coalition for Open Government has come out against the proposed statewide rule.

More here.

Va. coalition explains FOI on YouTube

The Virginia Coalition for Open Government has posted a brief how-to video on using the state's Freedom of Information.

The video can be found on YouTube: http://www.youtube.com/watch?v=ee597Zob2EE

Also, you can follow the coalition on Twitter: https://twitter.com/opengovva

And Facebook: http://www.facebook.com/group.php?gid=47495844131

FOI records reveal origins of deficient degree

FOI at Work!

The Richmond Times-Dispatch struggled to obtain records from the Virgina Commonwealth University on Rodney Monroe, the former Richmond police chief who received a degree despite not meeting qualifications. FERPA stood in the way. However, because the police department funded his coursework, some data was available under FOIA. Records show that VCU administrators only briefly mentioned via e-mail that Monroe had not met the requirement to earn 25 percent of credit from courses at VCU.

It was no secret that he took only two courses at Virginia Commonwealth University. Rodney Monroe, then Richmond's police chief, publicly spoke of that shortly before he graduated in 2007.

But far less apparent were how lapses in judgment and university procedures combined to allow him to get that diploma even though he fell far short of requirements for his bachelor's degree.

The Richmond Times-Dispatch used the Freedom of Information Act to help determine what courses Monroe had taken, how much the Richmond Police Department paid for his courses, and to provide insight into internal communications leading up to the approval of his degree.

More here.

Poynter: Journalists should give reasons for publishing gun permit lists

Al Tompkins of the Poynter Institute wrote in his daily column that journalists should not publish databases, such as gun permit databases, just because they are public records. Journalists should explain why they are publishing it, he said. Gun supporters have argued against the publication of these records for years, and Tennessee is considering making such publication a felony.

The Tennessee legislature is considering legislation that would make it a felony to publish the state's concealed carry gun permits [PDF].

For the last 10 years, gun backers in that state have bragged that permitted gun carriers aren't ever charged with gun crimes. That changed this week when a Memphis area man who had a permit and a gun shot another guy and was charged with second degree-murder.

The Commercial Appeal in Memphis proceeded to post the state's concealed carry permit list, and now gun backers are pitching a fit.

More here.

FOIA request seeks info on new Speedos

Thanks to Mike Ravnitzky for passing along this link. An FOIA has been filed to learn more about Speedo manufacturers, new materials and designs. An independent testing program for the swimsuits appears to be in the works.

A Freedom of Information Act Request was filed at the NASA Langley Research Center (LaRC) in Langley, Va., seeking all information related to the development of the Speedo Fastskin LZR Racer swimsuit and any "next generation" of swimsuits in the "design and testing pipeline phase" of development.

The Freedom of Information Act (FOIA) was enacted in 1966 - Title 5 U.S.C. § 552 of the U.S. Government Law and provides that any person has the right of access to Federal Agency records, except to the extent that such records are protected from release by a FOIA exemption.

The FOIA Request was completed according to NASA standards, procedures and rules, and was submitted in writing late November 2008.

More here.

Roanoke Times files second open records suit of the month

After the city of Radford, Va., heavily redacted parts of FOIA requests related to an internal city investigation of a harassment complaint, The Roanoke Times filed suit. Earlier this month, the newspaper challenged the sheriff's office policy of withholding photos of inmates released on bond.

The Roanoke Times filed suit Monday against the city of Radford over the city's decision to withhold portions of documents the newspaper sought under the Virginia Freedom of Information Act.

The lawsuit -- technically called a "writ of mandamus" -- centers around two FOIA requests filed with Radford officials in August and September by Roanoke Times reporter Tim Thornton. Among other things, Thornton asked the city to provide him copies of any other FOIA requests the city received between June 15 and Sept. 18.

In response to Thornton's requests, City Attorney Jim Guynn provided heavily redacted copies of two FOIA requests, erasing names and other pertinent information and in one case excluding two pages of a two-and-a-half-page document.

More here.

More word of officials using personal e-mail accounts

The technology is there but some officials are not up to speed -- or don't want to be up to speed. While government officials are provided with official e-mail accounts, many continue to use their personal accounts, making it harder to obtain e-mails through FOIA requests.

Douglas White wanted to exercise his right as a citizen to see some public records. What he found is that some Blacksburg town officials, like many others in the New River Valley, tread a fine line between open government and secrecy.

White lives just outside the Blacksburg town limits, close to a proposed workforce housing project along Harding Road. He and many of his neighbors do not like the project for a host of reasons.

The project's prospects do not look particularly promising right now, what with all the thumb twiddling the Montgomery County Board of Supervisors has been doing in secret meetings. That will not stop White and his neighbors from keeping up the fight until it dies officially.

More here.

Va. Supreme Court decides wrongful death settlements should be public

Another victory for disclosure of court settlement terms:

The settlement terms of several wrongful death lawsuits brought in Spotsylvania County against a pharmaceutical company must be disclosed publicly and cannot be sealed in the court records, a Virginia Supreme Court ruled today.

The unanimous opinion upholds a circuit court ruling that it was improper to permit the suits to be settled without the details disclosed in court.

The deaths occurred at Mary Washington Hospital 2004 and 2005 and the defendants in the case were B. Braun Medical Inc. and its subsidiary, Central Admixture Pharmacy Services (CAPS). After the cases were settled with the settlement terms filed in the court records, The Free Lance-Star and the Richmond Times-Dispatch intervened and, after hearings, a circuit judge ruled that the terms of the settlements must be filed in the court clerk’s office. The judge agreed to seal the settlements until the Supreme Court decided the appeals.

More here.

E-mail conversations lead to FOI debate in Virginia

Yet another state is in debate over whether electronic communication constitutes a meeting and therefore a violation of open record laws.

Former Appomattox mayor John Wilson and three of six council members exchanged e-mails during the last year discussing upcoming votes related to water issues.

Documents released through a Freedom of Information request from two town residents show that in one instance, Wilson e-mailed three council members advising them to rescind a vote on an issue that passed when now-former council member Steve Lawson was absent.

Acting director of the Virginia Open Government Council Megan Rhyne said that according to a state Supreme Court ruling, e-mail communications between council members is not a violation of open records laws.

More here.

Posting of SSNs receive 1st Amendment protection

Betty Ostergren wanted to give public officials a taste of their own medicine, and a federal judge is not standing in her way:

A federal judge has ruled that the First Amendment protects the right of Virginia privacy activist Betty Ostergren to publish the Social Security numbers of public officials on her website. She posted the numbers to protest the Virginia government's policy of posting public real estate records online that included people's Social Security numbers. The decision—and the associated publicity for Ostergren's website—may prompt Virginia politicians to hurry up and fix their own website.

For several years, Virginia has been making the real estate records available for a nominal fee from a commonwealth website. Ostergren, wanting to give public officials a taste of their own medicine, began reproducing the records of legislators and court clerks—Social Security numbers and all—on her website.

More here.

A Secrecy-Laden Deal in Virginia...

A troubling article in the NYT today on a trend worth watching: secret deals for research between universities and those who fund them...

On campuses nationwide, professors and administrators have passionately debated whether their universities should accept money for research from tobacco companies. But not at Virginia Commonwealth University, a public institution in Richmond, Va.

That is largely because hardly any faculty members or students there know that there is something to debate — a contract with extremely restrictive terms that the university signed in 2006 to do research for Philip Morris USA, the nation’s largest tobacco company and a unit of Altria Group.

The contract bars professors from publishing the results of their studies, or even talking about them, without Philip Morris’s permission. If “a third party,” including news organizations, asks about the agreement, university officials have to decline to comment and tell the company. Nearly all patent and other intellectual property rights go to the company, not the university or its professors.

“There is restrictive language in here,” said Francis L. Macrina, Virginia Commonwealth’s vice president for research, who acknowledged that many of the provisions violated the university’s guidelines for industry-sponsored research. “In the end, it was language we thought we could agree to. It’s a balancing act.”

But the contract, a copy of which The New York Times obtained under the Virginia Freedom of Information law, is highly unusual and raises questions about how far universities will go in search of scarce research dollars to enhance their standing. It also brings a new dimension to the already divisive debate on many campuses over whether it is appropriate for universities to accept tobacco money for research.

More here.

Virginia Coalition Announces Awards

Two people will be honored with awards from the Virginia Coalition for Open Government, the group announced.

Leigh Purdum of Madison County will receive the group’s Laurence E. Richardson award for individual citizen contributions to open government after winning a court case against the Madison County Sheriff, according to a release from the group.

Lawrence Hammack of The Roanoke Times will receive the group’s media award for a series of stories he wrote on a former city councilman’s spending.

More here.

A Security Exemption Looms in Virginia

I like the lead of this story:

In the basement of a building between an IHOP and a car dealership sits the nexus of Virginia’s fight against terror.

There, people who need special clearances pass through layer after layer of security on their way to a conference room so secure no one can have a cell phone or a piece of electronic equipment inside. The door locks alone cost $4,000 apiece.

Most people know little about the Virginia Fusion Center. And if a bill quietly wending through the General Assembly becomes law, they’ll know even less.

The bill, coincidentally named HB1007, would exempt the center’s investigative and intelligence documentation from the state Freedom of Information Act and would shield its employees from subpoenas in civil lawsuits concerning criminal intelligence information or terrorism investigations.

Open government watchdogs decried the bill. They said it goes too far in giving additional furtive powers to a quasi-secret agency. They point to the measure as another cramp to personal freedoms in a post-Sept. 11, 2001, era....

The bill passed the House 98-1, and a Senate panel could hear it this week. Gov. Timothy M. Kaine supports the measure, according to a spokesman.

The Virginia Press Association and the Virginia Coalition for Open Government have lobbied against the bill. The Virginian-Pilot is a member of the press association and is a founding partner of the Coalition for Open Government....

Ginger Stanley, executive director of the Virginia Press Association, calls HB1007 “Big Brother at work.”

Stanley said it is understandable to restrict information about terror investigations but that blocking public access to records related to “criminal intelligence” – as the bill reads – is overbroad and could apply to anything.

That would “allow them to keep private every piece of information,” she said. “They need protection to a point, but they take it way beyond that.”

More here.