Megan Rhyne
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On the Blog Post Public Bodies Need More Public Discourse, Not Less
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On the Blog Post Public Bodies Need More Public Discourse, Not Less
Megan Rhyne
1:23 pm on Tuesday, October 16, 2012
I swear on my copy of FOIA that I did not put Del. Anderson up to that very thoughtful comment. Thank you!!
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On the Blog Post Getting schooled on FOIA
Megan Rhyne
1:25 pm on Tuesday, September 4, 2012
ReplyUnfortunately, under Virginia law, only a court can compel a response. But you can also try to get the FOIA Council involved (1-866-448-4100). And by all means remind them that if they haven't responded, they are in violation of FOIA.
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On the Blog Post VCOG: Surprise! We Just Spent Your Money
Megan Rhyne
2:26 pm on Tuesday, July 17, 2012
ReplyOn the issue of recording closed meetings, I just happened to have looked into this recently and here's what I found
* most states do not require minutes of any sort to be kept of a closed meeting.
* Arizona, Illinois, Kansas, Massachusetts, Missouri, North Carolina, South Carolina and Wyoming require minutes of closed session to be kept.
* D.C. requires recording the minutes of closed sessions.
* Some states, though I didn't go as far into detail here, will require the release of the minutes only if the government loses a lawsuit over the propriety of the closed session. -
On the Blog Post VCOG: Surprise! We Just Spent Your Money
Megan Rhyne
2:23 pm on Tuesday, July 17, 2012
ReplyWhen closing a meeting, Virginia law requires that a motion go into the meeting that (1) identifies the subject matter; (2) states the purpose of the meeting; and (3) makes specific reference to the applicable exemption. The mere recitation of the statute number is not enough and a few localities have been slapped by the courts for not giving enough detail. I understand T-bird's concern, but I'm confident that a government attorney worth his/her salt can craft a motion that gives just enough away without defeating the very reason for going into closed session in the first place.
Luckily lots of public bodies not only meet (and often go beyond) the statutory requirements for the motions made in the minutes, there is no requirement that the closed session be noted on the agenda. I think it would be a good idea if they did -- in Franklin (city, not county) a year or so ago, a regularly scheduled meeting agenda was made public several days in advance (yay) and it listed a closed meeting with a good description (yay yay). The problem was that the description didn't really fall within an exemption (oops). The local paper and I wrote to them to point out the problem and they corrected it -- removing it from the closed meeting agenda to the open meeting agenda (yay yay YAY!) where it stayed.
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On the Blog Post Let the Public Speak
Megan Rhyne
7:04 am on Monday, June 18, 2012
ReplyYes, the right to speak in a PUBLIC FORUM is a constitutional right. A public meeting, however, is not considered to be a "public forum." It is considered to be a LIMITED PURPOSE PUBLIC FORUM. The government can impose reasonable time, place and manner restrictions at a limited purpose public forum.
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On the Blog Post Let the Public Speak
Megan Rhyne
7:04 am on Monday, June 18, 2012
ReplyIt's been a few years since my days teaching 1st Amendment speech law at Hampton University, but I don't believe the U.S. Supreme Court ruling in Minnesota v. Knight on the above has changed.
Here's what it says (and here's a link to it): http://supreme.justia.com/cases/federal/us/465/271/case.html
"However wise or practicable various levels of public participation in various kinds of policy decisions may be, this Court has never held, and nothing in the Constitution suggests it should hold, that government must provide for such participation. . . . Nothing in the First Amendment or in this Court's case law interpreting it suggests that the rights to speak, associate, and petition require government policymakers to listen or respond to individuals' communications on public issues."
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On the Blog Post Let the Public Speak
Megan Rhyne
1:14 pm on Sunday, June 17, 2012
ReplyA.B., I appreciate your passion. But just to be clear: there is NOT a constitutional right to speak at public meetings. The right to free speech is not absolute, and the government can impose reasonable time,place and manner restrictions on speech in places called "limited purpose public forums." These are places that have a tradition of more limited opportunities for speech than, say, a park or street corner. The restriction must be "narrowly tailored," and it must be content neutral.
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On the Blog Post Civil Penalties Are There for a Reason
Megan Rhyne
7:52 am on Friday, May 25, 2012
This is a totally fair and valid point. I would note, however, that fines in Virginia can be levied against individuals, in their individual (not government) capacity, which obviates this problem. Here's the text of section 2.2-3714:
In a proceeding commenced against any officer, employee, or member of a public body under § 2.2-3713 for a violation of §§ 2.2-3704, 2.2-3705.1 through 2.2-3705.8, 2.2-3706, 2.2-3707, 2.2-3708, 2.2-3708.1, 2.2-3710, 2.2-3711 or § 2.2-3712, the court, if it finds that a violation was willfully and knowingly made, shall impose upon such officer, employee, or member in his individual capacity, whether a writ of mandamus or injunctive relief is awarded or not, a civil penalty of not less than $500 nor more than $2,000, which amount shall be paid into the State Literary Fund. For a second or subsequent violation, such civil penalty shall be not less than $2,000 nor more than $5,000.
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On the Blog Post Let's Talk About Fees
Megan Rhyne
12:28 pm on Friday, March 30, 2012
ReplyHi Ms. Otersen -
Unfortunately, under Virginia law, going to court is the only real enforcement authority. You can try a couple of other things, though, to try to persuade them to at least *answer* you (regardless of whether it is to give you the records or to withhold them).
1. Write another letter reminding them of your original request, and reminding them of their obligation under FOIA to respond in writing within 5 working days.
2. Call the FOIA Council -- 800-448-4100 -- to ask them to call the FCPD to remind them of their obligation.
3. Call the Virginia Association of Chiefs of Police -- 804-285-8227 -- and ask them to do the same.
4. Call you local or state representative to see if he/she might intervene.
5. Tell your story to a reporter and see if he/she would like to pursue it.
I hope one or some combination of these helps.
Good luck, and thanks for the kind words.
Megan
Megan Rhyne
1:25 pm on Tuesday, October 16, 2012
And while I'm at it, Del. Anderson reminds us that it is the General Assembly who passes changes to FOIA. And lawmakers like Del. Anderson are willing to listen to the public when it comes to expressing their opinions on FOIA or any other matter. During the 2013 session (which starts in January) keep tabs on the issues that matter to you and make your opinions known!