Latest news with #VirginiaWay
Yahoo
4 days ago
- Health
- Yahoo
FOIA Friday: Connolly questioned public health agency FOIA accessibility before his death
(Photo by Getty Images) One of the less noticed features of the Virginia Way is the long-running tendency of the commonwealth's leaders to conduct their decision-making behind closed doors. While the Virginia Freedom of Information Act presumes all government business is by default public and requires officials to justify why exceptions should be made, too many Virginia leaders in practice take the opposite stance, acting as if records are by default private and the public must prove they should be handled otherwise. In this feature, we aim to highlight the frequency with which officials around Virginia are resisting public access to records on issues large and small — and note instances when the release of information under FOIA gave the public insight into how government bodies are operating. Shortly before his late-May death, U.S. Rep. Gerry Connolly, D-Fairfax, expressed concern about the termination of Centers for Disease Control and Prevention staffers who handled Freedom of Information Act requests. It was one of his final acts as a member of Congress before passing away following an extended battle with cancer. In his letter to the CDC's acting director, Connolly said that 'the elimination of staff responsible for facilitating FOIA strongly implies an effort by the administration to prevent the public from obtaining information about their government that they are entitled to request.' The staff cuts come as FOIA officers at the Food and Drug Administration, National Institutes of Health, and other agencies within the Department of Health and Human Services were also let go. Connolly also pointed out that several outbreaks of infectious disease have been reported across the country. 'Now more than ever, maintaining transparency about the operations of the broader HHS — and CDC in particular — is crucial to understanding the government's capacity to respond to such crises.' Some outbreaks are currently noted on CDC's website, but with no FOIA-dedicated staff to handle records requests, it may be harder for journalists and citizens to seek further information that could aid public health. Records obtained by the Richmond Times-Dispatch show that a former Richmond Fire Department employee spent over $800,000 at a company registered to his home between 2017 and 2024. Reginald Thomas, a former analyst for RFD, used his city credit card, purchase orders and invoices to spend money at RPM Supply Co., LLC. The entity is registered to a house in Henrico County that he and his wife own. Though Richmond city officials did not say how much, if any, of the total was spent on legitimate products or services, they did confirm that he is no longer an employee. His conduct has since become the subject of two investigations — one by Richmond's auditor and another by the city's inspector general. The investigation into Thomas is among the latest actions the city has taken to address a history of funding issues tied to card misuse by employees. This spring, Mayor Danny Avula announced restrictions on employees' use of purchasing cards for several months while leaders re-evaluate how employee spending is handled overall. Last year, the inspector general found that nearly $500,000 in RIchmond tax dollars were wasted or misused through use of employees' cards. The Mercury's efforts to track FOIA and other transparency cases in Virginia are indebted to the work of the Virginia Coalition for Open Government, a nonprofit alliance dedicated to expanding access to government records, meetings and other state and local proceedings. Recently, Virginia's Department of Corrections announced and celebrated low recidivism rates, but not mentioned in the agency's news release was a note from the department's research team suggesting the achievement was due to the effects of COVID-19 on Virginia's court system. Recividism — when former prisoners reoffend and end up back in prison — is a metric law enforcement agencies often use to measure the success of rehabilitation programs or other efforts to lower crime rates. Prison reform advocates and rehabilitation advocates also view these metrics as either calls to action or reasons to celebrate programs that may benefit incarcerated people, their families, and the communities to which they return. The latest announcement from the state focuses on recidivism among former prisoners released between July 2020 and June 2021 and only examines people who returned to prison within three years of release — not those who were rearrested during the same time period, Richmond Times-Dispatch reported. About 17% of released prisoners landed back in prison, while 44% were rearrested, according to the report. While rearrests were higher, those numbers aren't counted as recidivism. Because the state's definition ties recidivism to reincarceration, it is influenced by how quickly courts deliver verdicts — and Virginia's courts were under emergency orders that slowed proceedings until the summer of 2022. 'Re-incarceration rates are lower during follow-up years impacted by COVID-19 due to court closures and sentencing delays,' the research team wrote in its report. Kyle Gibson, a spokesperson for VADOC, acknowledged that recidivism rates were lower due to COVID-19, 'but VADOC cannot conclusively say that the pandemic was the sole cause of the lower rates.' Attorney General Jason Miyares, who is seeking reelection this year, has emphasized on social media that the low recidivism rate supports his tough-on-crime approach as the state's top lawyer. In a post to X, he said there are two approaches to lowering the rate: 'hold violent repeat offenders accountable or let them out early.' 'For four years, I've fought to put violent criminals behind bars while leftist politicians demanded leniency and reduced sentences,' he added. 'We see which approach works.' While the recidivism rates have declined over the past decade, according to a Richmond Times-Dispatch analysis, the time frame that VADOC recently celebrated occurred prior to Miyares taking office. Without city council approval, the city of Roanoke overspent by $5 million last year, WSLS reported. A recent audit of expenditures found that the city's general fund exceeded the final budget. 'We are stewards of taxpayer dollars,' said newer council member Nick Hagen, who joined the city's legislative body after the issues occurred. 'They're not ours — they're the people's.' He suspected staff turnover might be part of the problem with lack of budget oversight. This is because the former city manager had stepped down, a successor was appointed, and a new city council took office. The audit also revealed that much of the overspending came from the Children's Services Act — which funds services for at-risk youth — and the city's fire department, which faced rising overtime costs and implemented pay increases. Still, to ensure spending is justified and remains within budget, WSLS reported that the city claimed to be implementing reforms. There will be more frequent budget reviews going forward, new staff will be hired, and stricter internal protocols will be put in place. Have you experienced local or state officials denying or delaying your FOIA request? Tell us about it: info@ SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
02-05-2025
- Politics
- Yahoo
FOIA Friday: Judge sets trial date in Richmond transparency case, news editor wins plate reader case
(Photo by Getty Images) One of the less noticed features of the Virginia Way is the long-running tendency of the commonwealth's leaders to conduct their decision-making behind closed doors. While the Virginia Freedom of Information Act presumes all government business is by default public and requires officials to justify why exceptions should be made, too many Virginia leaders in practice take the opposite stance, acting as if records are by default private and the public must prove they should be handled otherwise. In this feature, we aim to highlight the frequency with which officials around Virginia are resisting public access to records on issues large and small — and note instances when the release of information under FOIA gave the public insight into how government bodies are operating. The Mercury's efforts to track FOIA and other transparency cases in Virginia are indebted to the work of the Virginia Coalition for Open Government, a nonprofit alliance dedicated to expanding access to government records, meetings and other state and local proceedings. A trial date has been scheduled for Sept. 23 in a transparency case involving the city of Richmond's former Freedom of Information Act officer, who said she was fired in retaliation for refusing to flout FOIA laws and raising concerns about possible FOIA violations during her tenure. Connie Clay, the former Richmond FOIA officer, also said in her lawsuit against the city that her former supervisor, then-city director Petula Burks, instructed Clay to withhold information requested under the Act. Burks, who resigned from her role with the city last summer, is also named in the suit filed in March 2024. On Tuesday, Judge Claire G. Cardwell set the discovery process to begin on May 27 at 11 a.m. The three-day jury trial is to start on Sept. 23. The judge asked both sides to fully cooperate in the process. 'I understand strong advocacy,' Cardwell told attorneys on Tuesday, as quoted by the Richmonder. 'But without pointing fingers in either direction, I would like counsel to start anew.' 'To the extent you can work together on administrative matters, please do so,' she added. Richmond attempted to dismiss the case in January, but was denied by Cardwell, according to a report by VPM. 'Although Plaintiff's Complaint does not explicitly connect her good faith disclosures of suspected wrongdoing to defendants' retaliation and discrimination toward her, the Court may reasonably infer this alleged conduct flowed from her disclosures of suspected FOIA violations,' Cardwell wrote in her Feb. 5 order. A Roanoke Circuit Court judge recently ruled that the city of Roanoke violated the Freedom of Information Act and is required to fulfill a renewed request for traffic camera footage of Cardinal News Executive Editor Jeff Schwaner's vehicle, Cardinal News reported. Schwaner requested information from Flock Safety's License Plate Reader, which was footage of his car from Roanoke police, on Feb. 21. He filed the same request for 15 other law enforcement agencies. Flock Safety provides the license plate reading hardware and maintains the data. In response, the city and the Botetourt County Sheriff's Office filed a motion in the Roanoke City Circuit Court asking the court to decide whether it was obligated to provide the footage under FOIA. Another issue raised during the court proceedings is that camera data automatically erases after 30 days. As a result, the data Schwaner sought in February did not exist, the city said. Judge Leisa Ciaffone 'did not find that the city 'willfully and knowingly' denied the request in a way that would make it subject to additional penalties that can be assessed when FOIA is violated,' Cardinal News reported. However, she dismissed all the city's arguments for not fulfilling the FOIA request. She also ruled that the FOIA law outweighed local policies and contracts that localities may have with third parties like Flock Safety. 'The court finds that Mr. Schwaner has substantially prevailed on the merits and grants his reasonable attorney's fees and costs associated with this action,' the judge wrote. John Koehler, Schwaner's attorney, told Cardinal News that they are pleased with the court's ruling that the city must release the data. 'Transparency in government gathering of data about the public is necessary to assure that the benefit that can be derived from the effort is worth both the expense and the impact on the community,' Koehler said. Schwaner added that at the core of this request was a single idea: 'that the public has as much a right to know what's going on in public as anybody.' WDBJ7 did reach out to the city of Roanoke for comment on the case, but the city declined to comment out of deference to the circuit court. Gov. Glenn Youngkin is considering legislation that would put restrictions on the use and data retention of license plate readers and exempt system data from disclosure. Youngkin has until Friday to rule on the proposal. Congressman Gerry Connolly, D-Va., is requesting information from the Centers for Disease Control and Prevention regarding why the agency's public records staff was placed on administrative leave until their jobs are eliminated June 2. The CDC layoffs come after hundreds of federal workers including health agency workers were fired amid President Donald Trump's administration's restructuring of the federal government. The letter, which was published by NPR and directed to CDC's acting director Dr. Susan Monarez, states FOIA ensures that the public has a 'right' to access federal agency information. Since its enactment in 1967, it has been crucial to ensuring government transparency and accountability. 'As a result, there are currently zero personnel available to process FOIA requests received by CDC,' Connolly wrote in his April 24 letter. 'The elimination of staff responsible for facilitating FOIA strongly implies an effort by the administration to prevent the public from obtaining information about their government that they are entitled to request.' Connolly requested a response by May 8. He announced earlier this week his plans to retire. Richmond water remains safe to drink after the recent installation of a new pump increased fluoridation levels at its treatment plant, the city announced on Monday. The announcement, made roughly three months after Richmond faced a debilitating water crisis as state lawmakers returned to begin the 2025 General Assembly session in January, leaving thousands without drinking water. On April 23, the city discovered the fluoride levels did increase, but at no point did samples collected in the distribution system indicate the fluoridation level exceeded the Maximum Contaminant Level (MCL) of 4.0 mg/L within the region, which is the highest level allowed in drinking water by the U.S. Environmental Protection Agency. The city said the optimal target is 0.7 mg/L. Hanover County said in a statement it was 'disappointed by the lack of communication' from the city, and that they didn't learn of the incident until four days later. The locality said the Virginia Department of Emergency Management notified its officials about the fluoride leak on the evening of April 27. In response, Hanover determined through its own testing that its system was well within the MCL with 1.6 ppm. Mayor Danny Avula, who took office at the start of the year, said in a statement that he was disappointed that the city's Department of Public Utilities did not notify the Department of Health within the required 24-hour period. The city said the Department of Public Utilities is creating new state standard operating procedures for the water treatment plant. 'I'm disappointed with our failure to communicate,' Avula said. 'This incident damages the work we're doing to rebuild trust — not only with the residents of Richmond, but our communities, and our regional partners, including Henrico, Chesterfield, and Hanover. We must do better.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
07-03-2025
- Politics
- Yahoo
FOIA Friday: Virginia Health Department withheld records on Richmond water crisis
(Photo by Getty Images) One of the less noticed features of the Virginia Way is the long-running tendency of the commonwealth's leaders to conduct their decision-making behind closed doors. While the Virginia Freedom of Information Act presumes all government business is by default public and requires officials to justify why exceptions should be made, too many Virginia leaders in practice take the opposite stance, acting as if records are by default private and the public must prove they should be handled otherwise. In this feature, we aim to highlight the frequency with which officials around Virginia are resisting public access to records on issues large and small — and note instances when the release of information under FOIA gave the public insight into how government bodies are operating. The Virginia Department of Health (VDH) appears to have improperly used a Freedom of Information Act exemption meant for limited, careful use by the governor's office, drawing scrutiny from state officials and journalists alike. The situation began when the Richmond Times-Dispatch received a heavily-redacted FOIA response from VDH regarding communications between state and local officials during Richmond's January water crisis, which left residents without safe drinking water for nearly a extent of the redactions raised concerns about whether the agency was unnecessarily withholding public records. Graham Moomaw, a reporter at The Richmonder and former journalist at The Mercury, followed up on the issue, asking Gov. Glenn Youngkin's office about VDH use of the 'working papers' exemption — a rule meant to shield records prepared specifically for the governor or cabinet secretaries for personal or deliberative use. Moomaw says the governor's office denied any involvement, indicating that VDH had not consulted them before applying the exemption. 'I was reacting to an egregious response they gave to the (Richmond Times-Dispatch),' Moomaw said. 'And then, after the governor's office said, 'We don't agree with what VDH did, and we're reassessing this,' I filed a piggyback FOIA with VDH, saying 'I'd like everything you gave to (the Richmond Times-Dispatch), but with less stuff redacted.'' Moomaw filed his follow-up request on Feb. 28, but as of publication, VDH has not responded. A years-long legal battle over a controversial Hanover County land use decision has reached another turning point, as the Court of Appeals of Virginia ruled that COVID-era restrictions on public comment during the project's approval process did not violate the state's FOIA. The case stems from Hanover County's board of supervisors approval of a Wegmans distribution center near a historically Black neighborhood and a neighboring subdivision — a choice that sparked immediate backlash from residents. Many joined forces in a lawsuit challenging the approval process, arguing that restrictions imposed during the pandemic limited public participation and transparency. Although advance notice of the vote was published in a local newspaper, residents argued that there was no mention of a cap on public comment registrations and restrictions on physical access to the board room for those wishing to observe the proceedings in person. Their lawsuit also challenged the county's classification of the Wegmans project as an 'essential' government function — a designation that allowed it to move forward under a pandemic-era ordinance intended to ensure continuity of governance during the early days of COVID-19. Additionally, by the time the limited public hearing took place, new proffers related to the project were introduced for discussion — documents that residents had not been able to review or comment on beforehand, the lawsuit stated. The case has taken multiple turns in court. The Hanover Circuit Court dismissed the residents' lawsuit, but the Virginia Supreme Court later ruled that they had the right to challenge the supervisors' decision — leading to the latest appeal. Arlington County Public Schools has abandoned its X (formerly Twitter) account, opting instead to post updates on Bluesky, a newer social media platform with far fewer users The shift, which began in late February, has drawn questions from some school board members about the decision to leave a larger audience behind. 'Why not maintain both?' asked school board member Miranda Turner at a recent meeting, according to ARL Now. The school system's Bluesky account, created in December, has significantly fewer followers than its longer-standing X account. But Superintendent Francisco Durán defended the move, explaining that interactions on Bluesky were 'healthier and more constructive' compared to the negativity and harassment often seen on X — much of it from people outside the local community. Beyond concerns over toxicity, school officials also pointed to the cost as a major factor. Unlike X, which now charges for verification, Bluesky offers free account authentication, providing an extra layer of credibility without the financial burden. X once offered free verification for government agencies, businesses, public figures, and journalists to ensure accounts were legitimate. But after Elon Musk's takeover and rebrand, verification became a paid feature, making it harder for institutions like school districts to prove authenticity without added expenses. Have you experienced local or state officials denying or delaying your FOIA request? Tell us about it: info@ SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
28-02-2025
- Politics
- Yahoo
FOIA Friday: Court prohibits police names from being omitted, board members miss prep meetings
(Photo by Getty Images) One of the less noticed features of the Virginia Way is the long-running tendency of the commonwealth's leaders to conduct their decision-making behind closed doors. While the Virginia Freedom of Information Act presumes all government business is by default public and requires officials to justify why exceptions should be made, too many Virginia leaders in practice take the opposite stance, acting as if records are by default private and the public must prove they should be handled otherwise. In this feature, we aim to highlight the frequency with which officials around Virginia are resisting public access to records on issues large and small — and note instances when the release of information under FOIA gave the public insight into how government bodies are operating. Two members of the Spotsylvania County School Board members have not attended their 'two-by-two' meetings — small group sessions with the superintendent designed to review agendas ahead of public meetings. Email records obtained by FXBG Advance reveal that board member Lisa Phelps stated she was unaware of the process for electing a new chair and vice chair during the board's Jan. 13 meeting. Phelps, who has served on the board since 2017, is now in her second four-year term. Across Virginia, it is common for school boards to rotate leadership positions at the start of each year. However, Superintendent Clint Mitchell responded that the process had been 'thoroughly explained' in two-by-two meetings. He noted that neither Phelps nor fellow board member April Gillespie attended these sessions. According to Mitchell, Gillespie participated in only one such meeting during his first 90 days leading the school division. In response to media inquiries, both Phelps and Gillespie defended their engagement with the school division. 'Spotsylvania Citizens and Lee Hill constituents can rest assure I am and have been completely informed and always current and up to date communicating with Superintendent Dr. Mitchell in depth about the SCPS board meeting agendas, school operations, school division budget and, most importantly, keeping our kids and staff safe,' Phelps told FXBG Advance. Mitchell added that since the board's January meeting, Phelps has participated in the two-by-two meetings via conference call. While Gillespie does not attend these meetings, she regularly communicates with him via email. A three-judge panel rejected the Hanover County Sheriff's Office's claim that releasing deputies' names could interfere with future undercover work, stating the argument 'flies in the face of the stated and clear purpose' of Virginia's Freedom of Information Act (FOIA), which prioritizes public access to personnel records. The ruling, obtained by The Richmond Times-Dispatch, also pointed to a 2017 amendment that explicitly ensures public access to the names of law enforcement officials. Alice Minium, who runs a website focused on police transparency and accountability, filed the appeal after Hanover Circuit Court ruling that initially favored the sheriff's office. 'I am relieved and incredibly grateful,' Minium told The Times-Dispatch. 'This is a win for everyone. No secret police.' The decision is expected to have broader implications, including in Chesterfield County, where police officials have made similar arguments for keeping employee names confidential. The Hanover County Sheriff's Office declined to comment on the ruling but still has the option to appeal to the Virginia Supreme Court. The Mercury's efforts to track FOIA and other transparency cases in Virginia are indebted to the work of the Virginia Coalition for Open Government, a nonprofit alliance dedicated to expanding access to government records, meetings and other state and local proceedings. After months of controversy legal battles, emails related to the approval of an Amazon data center in Warrenton reveal no evidence of misconduct — despite critics' claims that the process was unfair. Emails obtained by the Fauquier Times showed no discussions of backroom deals or improper influence. Instead, they contained routine correspondence about 'town events, inter-office squabbling over the town manager's calendar, and discussions about the 2022 outbreak of mold at Warrenton Dialysis Center.' Public interest in the project intensified amid the demand growth of data centers across the commonwealth and after former town manager Brandie Schaeffer left her position to work for Amazon. However, the most relevant email regarding the data center was simply a discussion about potential alternative uses for the site. In one exchange, Mayor Carter Nevill asked Schaeffer whether a distribution center could be built on the property. Schaeffer responded, 'no' unless a zoning text amendment was passed. Nevill also inquired about the number of homes that could be constructed there, to which Schaeffer replied '545 homes.' The emails were initially requested by Amy Trotto, a member of Citizens for County, who sought records from April 1, 2022, to July 12, 2022. After a newly elected town council took office earlier this year, members voted in January to stop fighting a legal battle over the release of the documents and agreed to make them public. The dispute centered on the interpretation of a single word — 'or' — in Virginia's Freedom of Information Act. The law states that 'the mayor or chief executive officer of any political subdivision of the commonwealth' is exempt from disclosure. The town had argued that 'or' should be read as 'and,' which would have shielded communications from both the mayor and the town manager. Have you experienced local or state officials denying or delaying your FOIA request? Tell us about it: info@ SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
