Attorney General Jerry W. Kilgore has proposed a
series of measures that would make government in
Virginia more open and accessible to the people. The
more people know about their government at both the
local and state levels, the better government will serve
them.
One of Kilgore’s proposals to be submitted to the
General Assembly would require that closed meetings of
public bodies be either audiotaped or videotaped. That
would provide an accurate record of the meeting. And if
the meeting led to lawsuit, the proposal would allow a
court to determine whether the conduct was proper.
Kilgore, a Republican, said he wants to prohibit
state agencies from entering into confidentiality
agreements that prevent the agency from disclosing the
amount of a civil settlement. While a court could still
order the settlement removed from the public eye, the
taped record of the settlement would be clear.
The attorney general’s office and the administration
of Governor Mark Warner drew heavy criticism last year
over secrecy involving the creation of rules for
trash-hauling barges in closed meetings. Part of the
deal made confidentially between the state and Waste
Management Inc. related to barge regulations that
environmentalists considered soft. The other part of the
agreement made behind closed doors settled a lawsuit the
company had brought against Virginia over barging
restrictions.
Kilgore said at the time the closed meeting was legal
so the state waste management board could get legal
advice.
Maria J.K. Everett, executive director of the
Virginia Freedom of Information Advisory Council, said
however that the board violated the state’s existing
open meeting law by broaching some topics in private
that should have been discussed in public.
A spokesman for Kilgore said earlier this month that
the proposed legislation is not a reaction to the
environmental controversy. No settling of lawsuits
behind closed doors? Maybe it’s just a close parallel.
The legislative package offered by the attorney
general also would require state agencies, boards and
commissions to post on the Internet a description of the
rights of someone who makes a request under the Freedom
of Information Act. That would cover the procedures that
had to be followed to get records from a government body
and contact information for the agency employee
designated to answer questions or assist with a request.
The legislation proposed by Kilgore does not contain
a measure to move the Republican legislative caucuses
into the bright light of day. While Democrats have
opened their daily caucus meetings to the public and the
press, Republican lawmakers have chosen not to do so.
A good argument can be made for the business
discussed in the caucus meetings being an important part
of the legislative process, which should be open to the
public.
In a related disclosure proposal, Kilgore wants a
bill to require legislators to file an interim financial
disclosure statement if they receive compensation of
more than $10,000 within one year from a publicly
regulated business, such as a bank, utility company or
insurance company. As is stands now, legislators are
only required to file financial disclosure statements
that reflect their sources of income and financial gifts
on an annual basis as of Jan. 1 each year.
While on the subject of open government, three new
members of the Appomattox County Board of Supervisors
deserve a mention for sticking to provisions of illegal
meetings under the state Freedom of Information Act.
Supervisors Willie Craft, Tom Conrad and Shawn Armbrust
rode two in one car and one in another to a training
session in Richmond for new board members. They wanted
to avoid the appearance of violating the act’s illegal
meeting provision, which says that if three members meet
and discuss public business without notifying the
public, the meeting would be deemed illegal.
Armbrust conceded that the travel arrangements may
seem “a little crazy,” but he added, “We want the public
to know we are going to obey the law and not get off on
the wrong foot.”
Good for them and good for the people in
Appomattox.