File cabinets. (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 People for the Ethical Treatment of Animals Foundation (PETA) filed a Freedom of Information Act request stemming from George Mason University suggesting that expired antibiotics had been used for animal experiment surgeries. After initially being quoted for the veterinary records, incident reports and photographs sought and sending a check, PETA didn’t hear from the university for much of this year.
GMU’s student newspaper, The Fourth Estate, reported that PETA threatened a lawsuit if GMU failed to send records by Nov. 15 — eight months after they’d paid for their request and well beyond state law’s guidelines to respond.
“As a GMU alum from the Class of 1984, I’m deeply dismayed by GMU’s conduct in this matter,” wrote PETA’s chief legal officer and GMU alum Jeffrey Kerr in a letter to the university.
Catie Cryar, a media relations manager at PETA, confirmed to The Mercury that records have since been received, but the organization is still mulling a suit over the FOIA violation.
Paul Allvin, the university’s vice president and chief brand officer, attributed the delay to an internal communication breakdown, the Fourth Estate reported. The former FOIA officer hadn’t been notified of the receipt of the check.
“We screwed this one up,” he said.
Allvin added that further delay ensued as the university was redacting private information, and that the FOIA office has changed the way notifications occur when payments come in for requests.
“All options are on the table to protect our rights to receive public records,” Cryar said in an email. “Most importantly, GMU must modernize its research program and stop caging, cutting up, and killing animals in useless experiments.”
Online newspaper ARLNow to publish public notices
Arlington and Falls Church residents will soon be able to find public notices published in an online-only local newspaper that serves them. ARLNow announced the news on its site this week.
A circuit court judge approved the company’s petition last month, which stems from enactment of a new state law from earlier this year that allows online-only news sites to publish legal notices. Historically, those have been posted in print newspapers.
As some legacy print media has no longer served portions of the state, online-only outlets have sprung up in recent years to bolster local news coverage.
Public notices, also called legal notices, are paid advertising placements that are required by state law to be published in local media for certain actions. Examples can include proposed zoning changes or ordinances that will have public comment hearings people need to know about in advance.
Virginia became the first state in the nation to allow these newer forms of media to publish public notices after bills cleared the legislature with bipartisan support and went on to be signed by Gov. Glenn Youngkin.
Lynchburg police department to begin encrypting radio transmissions
The Lynchburg Police Department announced Wednesday that it plans to begin encrypting its radio transmissions. According to a news release,the goals include “protecting sensitive information,” “preventing real-time monitoring by criminals,” “securing tactical operations and officer safety,” and “evolving with technical advancements.”
The release also mentioned a “commitment to public transparency” which will entail launching a tool for accessing some dispatch information. This means members of the public will still be able to see a list of current calls and a map with their approximate locations. Though that information will be much less revelatory than being able to listen to a police scanner.
Have you experienced local or state officials denying or delaying your FOIA request? Tell us about it: info@virginiamercury.com