Sheriff Refuses To Comply With Open Records Request

Sheriff D.J. Oakes refused to release public document when approached by members of the media posing as citizens asking for public information under the Freedom of Information Act, according to published reports.
In mid-September during a normal business day, members of the media – posing as citizens for the Associated Press study - attempted to contact law enforcement agencies and other government offices throughout the Southside area seeking information that is legally available to the public, the Danville Register & Bee reported Sunday.
According to the news report, when asked for records in a written request, Oakes refused to comply, saying the records were not available.
“We don’t keep those records,” he said, “and I don’t have a clue who she (the requester) talked to.”
He then accused the Danville Register & Bee of running a scam and trying to do an exposé on his law enforcement agency and threatened to exclude the Register & Bee from further news releases, according to the Danville newspaper.
Oakes later sent an e-mail to the newspaper to clarify his position, admitting that he was “caught off-guard” after finding out about the audit.
“I fully understand the intent and spirit of FOIA; however, there are exemptions that are provided law enforcement agencies as a protection against civil liability and as a ‘barrier’ or element of protection against a constant barrage of informational inquiries,” he wrote.
“The ‘spy’ that was sent to my office was not specific in her inquiry, asking only to ‘see your records’ and was refused access on that basis. To my knowledge, no written or verbal request or appeal has followed.
“In my opinion, this ‘exercise’ was performed solely for the purpose of giving law enforcement agencies a ‘black eye.’ To that end, your newspaper has accomplished its goal … Any quotes from me are unappreciated and unauthorized,” the paper quotes Oakes as writing.
Attempts to reach Sheriff Oakes for comment Sunday were unsuccessful.
Also in Halifax County, the fire marshal “initially denied” access to fire inspection reports but called the following day, according to the news report. The marshal said that he had learned the information was public and that it would be available whenever needed.
The Danville newspaper also reported that there was never a response to a request for information regarding e-mail communication during a specific two-week period among the Halifax County Board of Supervisors.
At press time Sunday, County Administrator Bryan Foster could not be reached for comment.

Local Governments Have Mixed Record On FOIA Requests

By HARRY MINIUM
The Associated Press
NORFOLK, Va. — A man walked into the Prince Edward County sheriff’s office not long ago and asked to see the county’s crime log — a list of crimes committed the past weekend.
As a Virginia resident, who might want information about criminal activity in his neighborhood, he was entitled by law to see the documents.
Yet a captain walked in and ended a short conversation by saying: ‘‘I told you straight up, we’re not giving out no records.’’
Another Virginia resident walked into the Fairfax City Hall and asked for e-mail correspondence between the mayor and city council members for a two-week period. You can have them, he was told, but it will cost a minimum of $7,000.
A third person walked into a fire department in Montgomery County and asked for the latest fire inspection reports on two schools.
After being told the records were available, he was denied access because he would not say why he wanted the information.
The citizens were actually newspaper employees, who were dispatched to every city and county in the state last fall to see how the 134 local governments responded to requests for public information that should be available under the Virginia Freedom of Information Act.
The media representatives, most of whom visited the local governments Sept. 12-13, did not identify themselves as reporters, editors or media employees, and instead stated they were interested citizens who wanted information about the particular communities.
The requesters asked for the latest two weeks of e-mails from each county’s chairman or each city’s mayor to their respective county boards or city councils; the previous weekend’s crime logs or reports from police or sheriff departments, and the fire inspection reports for two schools in each locality.
The results were hardly encouraging for citizens who want to see how their government works, said advocates for open government.
A little less than half of the media representatives saw the requested public records.
Roughly one of every five times, the person seeking the information was denied access to what is supposed to be public information.
‘‘That’s much too high a percentage’’ said Frosty Landon, executive director of the Virginia Coalition for Open Government. ‘‘Unfortunately, some localities just have a predisposition to keep things secret.’’
In 30 percent of the cases, either the records did not exist, were kept in Richmond or reporters did not correctly ask for information.
Compared with the results of a similar survey done eight years ago, progress has been made with police and sheriffs.
In 1998, just 16 percent provided copies of crime logs. This year, 50 percent of the media representatives asking for the crime logs saw the documents while 43 percent were denied.
Ginger Stanley, executive director of the Virginia Press Association, said that part of the survey ‘‘is a bright light.’’
She said police chiefs and sheriffs were embarrassed by their response eight years ago and made a concerted effort to educate their staffs.
The state of Virginia was also concerned about the 1998 survey results, and in 2000 established the Freedom of Information Advisory Council, which gives seminars and distributes information to localities on open government.
‘‘They’ve done a lot of great work,’’ Stanley said.
In light of all of that work, Stanley acknowledges that this year’s survey results ‘‘are disappointing.’’
Eight years ago, the vast majority of reporters asking for reports of violence at schools, travel vouchers from government officials or for health inspection reports were able to get them. Those asking for salaries of high school football coaches got them 47 percent of the time.
Most of the numbers weren’t that high this year.
Of those seeking e-mails of city and county officials, 42 percent saw the documents and 10 percent were denied access. Most of the remaining cities and counties reported they did not use e-mail.
Fifty-two percent of the cities and counties provided fire inspection reports while 13 percent denied access to them. In the remaining places, the results were inconclusive mostly because the state inspects their schools and the records are kept in Richmond.
Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, praised the police and sheriffs, yet called the overall survey results ‘‘appalling.’’
‘‘Unfortunately, it shows we have a long way to go.’’
Only 13 jurisdictions provided all the information asked for - the cities of Alexandria, Bedford, Charlottesville, Portsmouth, Radford and Winchester, and the counties of Albemarle, Charlotte, Greene, New Kent, Prince George, Scott and Wise.
Wise County puts a premium on open government, said county administrator Glen ‘‘Skip’’ Skinner, because it’s good government.
Skinner said a group of business people proposing an economic development project in his county offered to provide him with promotional information only if it could be kept confidential. Although he could have classified the materials as ‘‘working papers,’’ he declined to do so.
‘‘It’s a gray area I just didn’t want to get into,’’ he said.
Landon said Virginia Beach, the state’s largest city, also deserves praise.
After being embarrassed by a series of missteps in responding to requests for information several years ago, the city set up a freedom of information office.
‘‘Other localities may not have the resources of Virginia Beach, but they can follow their example by adopting their mind-set,’’ he said.
That was not exactly the mind-set many other reporters found last September.
When sheriff’s departments in Stafford and several other counties refused to give crime logs, they advised people to read crime information in the local newspapers.
Instead of providing information, sheriffs in Buckingham and some other counties researched the names of requesters and discovered they worked for newspapers.
In 10 percent of the records requests, the media representatives were told they could not receive the records unless they stated why they wanted it. State law does not require citizens to say why they want to examine a public record.
Some government officials gave quirky responses to requests.
A reporter in Dinwiddie County was told to ‘‘hire a lawyer and return with a Subpoena Ducus Tecum’’ if he wanted to review crime logs.
A reporter in Shenandoah County was told the sheriff releases information only about crimes that he feels should be known to the public.
Dalglish said it not uncommon for requests for e-mails to be met with the most resistance.
‘‘People view e-mail as personal, private communication,’’ she said. ‘‘They are shocked to find out it is not their private property.’’
Landon said such a reaction is ‘‘inexcusable.’’
‘‘It’s very clear that under the law, a record is a record is a record, whether it is an e-mail or on old-fashioned paper. That should no longer be an issue.’’
He said after being sued over access to e-mails, Fredericksburg began archiving its e-mail. Every city and county should do the same, he said.
‘‘When you archive e-mail, the information is there without having to reinvent the wheel,’’ he said. ‘‘That sends the signal that everyone in local government wants to obey the law.’’

Leash Law Before Public

The public will once again have the opportunity to comment on a proposed leash law for the Fordland Estates subdivision during a hearing scheduled for Wednesday’s Board of Supervisors meeting.
The meeting will start at 6:30 p.m. in Conference Room B at the Riverstone Technology Park located on Route 58 West. An out-of-service elevator at Mary Bethune is the reason for the move to Riverstone, according to County Administrator Bryan Foster.
Fordland’s proposed dog ordinance recently came before the Board, but the Board sought to amend the language to allow for hunting dogs to run at large. Due to the amendment to the ordinance by the county’s attorney the ordinance must go through the public hearing process again.
Also on the agenda, the Board will review a recommendation from the county’s Planning Commission on revised language for an ordinance that would allow community centers in the county in certain zoned areas.
“The Board must set public hearings to consider the proposed changes to the zoning ordinance,” Foster said.
Commissioners voted at their December meeting recommending that community centers be allowed in B-1 and B-2 business zones by right and in all other zoning districts with a conditional use permit, with the exception of single-family residential R-1 areas.
An application for the Grace-Venable Community Center, to be located on Mountain Road, has been put on hold while the Board considers amending the ordinance to allow for community centers, Foster said.
The Board will also address proposed code amendments that will allow staff to proceed with the removal, repair, etc. of buildings and other structures that are deemed unsafe or a blight.
A funding request for the Crossing of the Dan Exhibit is also on the agenda. At a previous Board meeting Halifax County Historical Society President Barbara Bass asked the Board for $50,000 for the exhibit. Society members are seeking to have the funding in place prior to their celebratory event scheduled for February.
Two conditional use permit requests will also be addressed Wednesday.
A permit request from the Mid-Atlantic Broadband Cooperative for a 190-foot tower to be located on Route 40 east of Perth Road will be addressed, as well as, a request from Verlyn Emswiler of Emswiler Diesel for a recycling center at 2171 Bill Tuck Highway.
The Planning Commission recommended at its December meeting that both requests have public hearings scheduled by the Board for their Feb. 5 meeting.
Also at the meeting, the Board will recognize Cleve Wilborn for 55 years of service on the Transportation Safety Commission and Danny Jackson, the outgoing commissioner of revenue for the county.
Several vacancies on county agencies will also be addressed. There is a vacancy on the Improvement Council in District One, a vacancy on the William M. Tuck Airport Commission with the resignation of Marvin Wright and terms of Gary Newcomb, Bill Snead and Mark Stevens expiring at the end of January.
The Board of Equalization has a vacancy with the term of Jessie Hawkins ending, the Industrial Development Authority has an opening with the term of Garland Ricketts expiring in January and the county’s Planning Commission has a vacancy with the term of Ray Owen expiring.
Also, with Wilborn’s retirement, the Transportation Safety Commission has an opening, as does the Recreation Committee in District One.
The Board will next meet jointly with the councils of South Boston and Halifax on Tuesday, Jan. 16.

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