Thursday, January 9, 2014

Gloucester, VA - FOIA and Private Email Accounts In Virginia

Over the past several years there has been a dramatic increase in the number of instances in which elected officials and their staff have been caught utilizing private email accounts to conduct government business or pass insider information through what they would have us believe to be a Freedom of Information exempt means. The names of many of them are familiar to us all and include former IRS Commissioner Douglas Shulman, former Alaska Governor Sarah Palin, former President George W. Bush, almost the entire Obama administration, the Environmental Protection Agency, former New York Mayor Michael Bloomberg and the list goes on.  It has been argued unsuccessfully by many that government information contained in private emails is exempt from FOIA because the information is not in the control of the government entity. 
 
The Virginia Freedom of Information Advisory Council(A state agency with the expertise to help resolve disputes over Freedom of Information issues) and the Code of Virginia do not support such contentions.  The following is the Virginia Freedom of Information Advisory Council’s opinion on email communications.  This opinion is basically the Commonwealth’s adopted legal opinion on the use, access and retention of email communications as pertains to the Commonwealth of Virginia Freedom of Information Act. 
 
 E-MAIL:
USE, ACCESS & RETENTION
The use of e-mail in the business place has become routine and is a preferred mode of communication. For state and local government officials and employees, the application of the Virginia Freedom of Information Act (FOIA) relating to access to records and the Virginia Public Records Act (the PRA) relating to the retention of records comes into play.
 
Government officials and employees frequently ask two key questions about the use of e-mail --"Can the public and media access my e-mail under FOIA?" and "Do I have to save my e-mail?"
 
This document will attempt to answer these questions and provide guidance about the use and management of e-mail by state and local government.
 
The nature of e-mail
E-mail generally refers to any communication that requires an electronic device for storage and/or transmission.1 E-mail is a medium for correspondence -- essentially, e-mail is the "envelope" for the communication. For purposes of FOIA & the PRA, e-mail provides a medium for communication, much like a telephone or the U.S. Mail provides a means of communication. The fact that a communication is sent via e-mail is not alone conclusive of whether that e-mail must be accessible to the public under FOIA or retained pursuant to the PRA; one must look at the text and substance of the communication to determine whether it is indeed a public record.
 
The Virginia Freedom of Information Act
FOIA addresses access to public records. Section 2.2-3701 of the Code of Virginia defines public records for purposes of FOIA to include "all writings and recordings that consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostatting, photography, magnetic impulse, optical or magneto-optical form, mechanical or electronic recording or other form of data compilation, however stored, regardless of physical form or characteristics, prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business."
 
Clearly an e-mail would fall under this broad definition of a public record, because it applies to all writings and recordings…set down by…mechanical or electronic recording…however stored, regardless of physical form or characteristics. As noted above, e-mail is just the medium, or the envelope, used to convey the communication. Just as a letter sent via U.S. Mail from one public official to another concerning public business would be a public record under FOIA, so would that same communication sent via e-mail.
 
FOIA requires that unless subject to a statutory exemption, all public records must be open to inspection and copying. Therefore, an e-mail relating to public business would be accessible just like any other public record, and may be withheld from public disclosure only if a particular exemption applies to the content of the e-mail.
 
The Virginia Public Records Act
While FOIA governs access to records held by state and local government, the PRA governs how long a government entity must retain certain records. The PRA defines "public record" for purposes of records retention, and like FOIA, the definition is fairly broad and would include e-mail as a public record. Section 42.1-77 defines a public record to include recorded information that documents a transaction or activity by or with any public officer, agency or employee of the state government or its political subdivisions. Regardless of physical form or characteristic, the recorded information is a public record if it is produced, collected, received or retained in pursuance of law or in connection with the transaction of public business.
 
The PRA sets forth different retention schedules for different types of records. Several factors shape how long a record needs to be held. Many records are only kept for so long as business requires them to be kept, although if a record has historical significance or is created by an agency head or director, it may need to be kept longer. For example, certain records are required to be maintained permanently, such as records from standing committees of the General Assembly, annual reports of state agencies, and correspondence of agency directors. Other records need only be kept so long as they are administratively necessary, such as reminders of events like blood drives or fund raisers, courtesy copies of correspondence, or messages received from a listserv. Along the continuum, other records may be required to be retained for 30 days to ten years, depending on their content. After the retention time has expired for a particular document, then that record may be destroyed pursuant to the guidelines set forth by the Library of Virginia.2

2 PRA is administered by the Library of Virginia. For more details on retention schedules for particular types of records or for a particular agency, or for information regarding the proper disposal of records, please contact the Library of Virginia. Records retention information and contact information is also available on the Library's website at http://www.lva.lib.va.us/whatwedo/records/index.htm.
 
In providing guidance for adhering to the PRA, the Library of Virginia notes that e-mail should be treated the same as paper correspondence. Again, e-mail is only the medium, or the envelope, by which the correspondence is sent; the retention schedule for a particular e-mail will depend on its content and should be preserved the same as its paper equivalent. Both incoming and outgoing e-mail should be retained, along with any attachments sent via e-mail.
 
Tips for using and managing e-mail
All e-mails related to public business are subject to the provisions of FOIA and the PRA, and should be managed in the same manner as all other public records.
 
There is a tendency with e-mail to hit the delete button as soon as you are finished with a particular message. However, consideration must be given to whether that particular e-mail must be retained for purposes of the PRA -- you can't automatically delete your e-mail, just as you can't automatically throw away paper correspondence and records.
 
FOIA governs access to records. The PRA dictates how long you are required to keep certain records. If a government entity keeps an e-mail (or any other record) for longer than its retention schedule requires, that e-mail will still be subject to FOIA if requested. Conversely, if a government entity properly disposes of a record pursuant to a retention schedule, and a subsequent FOIA request is made for that record, FOIA does not require the government entity to recreate the record.
 
E-mail is often used as a substitute for a telephone call, and is quite informal. However, e-mail creates a record of that communication that must be retained pursuant to the PRA and will be available upon request to the public under FOIA. Consider the consequence of choice to use e-mail instead of the telephone -- it may not be in your best interest to be as informal on e-mail as you are on the telephone.
 
The Library of Virginia discourages the practice of maintaining permanent records solely in electronic format, without a paper or microfilm backup.3 For records that do not need to be maintained permanently, these e-mails can be printed out and stored in a traditional, paper file (and the electronic copy can be deleted) or electronic folders can be created on the computer to organize e-mails based on functions, subjects or activities. The Library of Virginia suggests that these folders are assigned to your home directory on the computer, and not on the network. By way of example, at the FOIA Council we print a copy of all of the FOIA questions that we receive via e-mail, along with our corresponding response, and file the paper copy in a chronological file. After we have printed a copy to retain for our records, we delete the e-mail off of the computer.
 
Public officials and employees should not commingle personal and official e-mails. Private e-mails do not need to be retained; e-mails relating to the transaction of public business do. From an e-mail management perspective, it is probably not a good idea to mix personal and official business in the same e-mail. Official e-mails that need to be retained should be maintained with other public records that relate to the same content.
________________________________________________________________________
 
As is clearly evident; the Commonwealth of Virginia does have established guidance pertaining to the use of private email accounts by elected officials and government employees.  Virginia also has laws against government officials and employees passing insider information, holding non-public meetings, conducting government business outside of the parameters of FOIA. Unfortunately, Virginia has not established laws prohibiting its officials and employees from sending government information to their private email accounts. There are no specific laws defining what can and cannot be done with government information sent to their private email accounts.  There are no specific laws that allow for government or public access to their private accounts to establish audit trails or fulfill FOIA requests.  There are no specific laws that prevent the disclosure of information protected from public disclosure when information is sent to a private email account.  There are no specific laws requiring the registration of private email accounts used to conduct government business.  Without more specific laws regulating private email use in government it is essentially left up to each official’s and employee’s conscious and integrity to decide whether or not they will follow the guidelines established by the Virginia Freedom of Information Advisory Council and the Code of Virginia.      
 
Many communities throughout the United States of America like Gloucester CountyVirginia now see many of their elected government officials and government employees using private email accounts to conduct government business, pass insider information, hold private meetings and skirt FOIA requirements.  A quick look at email addresses for Gloucester County Supervisors on the Gloucester County website revealed each Supervisor having there own county government email address.  A quick look at the Gloucester County Public Schools website revealed six of the seven Gloucester County School Board members list private email addresses.  A review of FOIA obtained Gloucester County Public Schools email conversations revealed email conversations that were either sent to, forwarded to, carbon copied to or originated from private email addresses belonging to Gloucester County School Board members and school administration personnel.  This is further evidence of these officials’ and employees’ ongoing conscious and deliberate effort to minimize transparency in local government. 
 
 
Betty Jane Duncan…BJDuncan12@cox.net
Ben Kiser…Kiserben@gmail.com  AND
Ben Kiser… hkiser1@cox.net
Diane Gamache…dgamache2@cox.net
Charles Records…crecords@zandler-dev.com
Ann Burruss…Aburruss2@cox.net
Carla Hook…hookc@cox.net
Kevin Smith…kevinsmith914@gmail.com   AND  
Kevin Smith…rev.kev2@verizon.net
Kimberly Hensley… kimberlyehensley@gmail.com
Randy Burack…georgeburak@cox.net 
Troy Andersen…troyandersengp@cox.net
Enhanced by Zemanta

Wednesday, January 8, 2014

White House: Legislation to Extend Emergency Unemployment Insurance

State of the Commonwealth Address Governor Robert F. McDonnell

Governor of Virginia Bob McDonnell speaking at...
Governor of Virginia Bob McDonnell speaking at CPAC. Please attribute to Gage Skidmore if used elsewhere. (Photo credit: Wikipedia)
Mr. Speaker. Mr. President.

Justices of the Supreme Court and Judges of the State Corporation Commission,

Ladies and Gentlemen of the General Assembly, now in your 395th year,

My fellow Virginians,

It is my privilege to address you, one last time, as Governor, on the State of the Commonwealth.

I must note that because it’s my last speech the Speaker promised me all the time I wanted… so get comfortable.

For 22 years I have served with you. First, in this chamber as a Delegate. Then as Attorney general. Now, as Governor.

While this public chapter of my life draws to a close, I’m not the only one saying farewell.

Tonight, a grateful Commonwealth salutes the public service of:

Lieutenant Governor Bill Bolling, who has redefined the role of his office as a jobs creator,

policy leader, and Cabinet member, and presided over the Senate with grace. Thank you Bill for over 20 years of outstanding service.

And, Attorney General Ken Cuccinelli. Thank you for solid legal advice, strong conservative leadership, and care for the disenfranchised.

I also want to welcome the 16 newly sworn in members of the legislature and implore you to never forget the thrill and privilege of this day.

Governor Mills Godwin rightly said there is no “higher honor” than serving as Governor of Virginia. Serving with you for the last four years has been the greatest professional opportunity of my nearly 60 years of life.

Tonight, I give profound thanks to the people of Virginia for your confidence when you elected me to this high office; an average middle class kid from Fairfax County occupying the same seat once held by Patrick Henry and Thomas Jefferson. I have tried my very best, with spectacular teamwork, to serve you well.

We have achieved many good things together for the eight million people of our beloved Commonwealth.

Where some may have hoped for conflict, we instead forged consensus.

Where some might have preferred sound bites to solutions, we chose results over rhetoric.

I'm a conservative. I believe strongly that these principles are right for America. Some of you are moderates. Some are progressives. You believe just as deeply that your ideas are correct. But before any philosophical allegiance, there is one identity that comes first, and matters most: we are all Virginians.

We were sent here, to Mr. Jefferson’s Capitol, to be servant leaders of the people. To use the unique talents God has given each of us to expand access to the American Dream, because all are created in the image and likeness of God, and all deserve an equal opportunity to pursue happiness and succeed.

With that in mind, I believe the measure of our success is fairly simple.

Did we help create jobs and opportunity, and make Virginia a better place to live, worship, work, and raise a family?

Did we support a single mother in Roanoke trying to raise her little girls while working two jobs?

Did we make dreams more attainable for a small businessman in Woodbridge focused on helping his customers, and growing his business?

Did we lift up the man in Danville who made a mistake, served his time, and now wants to restart his life?

I can say, without hesitation, we have. And the credit belongs to the 140 leaders in this body, our remarkable can-do Cabinet, and to the citizens of Virginia.

In this Capitol, we debated passionately and civilly, we worked together, we shared the credit. We adhered to the “Virginia Way”, and our democracy is better for it.

In the waning hours of an administration, many like to talk of individual legacies. So I’ll perhaps disappoint you tonight by saying that I’d rather focus on our joint achievements.

I think we’ve done what the Boy Scouts tell us to do: we’ve left the campground a little better than we found it. The gains we made took patience and leadership, and the mettle to demand change when the status quo did not deliver excellence.

Leadership is how, when we finally addressed Virginia’s pressing need for new transportation infrastructure after 27 years, the Speaker of the House, my dear friend Bill Howell, put his own name on the bill…. I figured carrying one bill every three years wouldn’t kill him! And when that bill came to the floor Del. Onzlee Ware stood up to give a strong final speech in favor of its passage……Onzlee got his train… and then promptly retired!

It’s about how, when we took office in January 2010, with unemployment at 7.4%, we laid out a comprehensive set of proposals to get Virginians back to work, and it was Senators Chuck Colgan and William Wampler, and Delegate Lacey Putney and others who said “Governor, we’ll carry those bills.”

It’s about how, when we passed the Opportunity Educational Institution bill and said we will not tolerate a single failing school, it was Delegate Algie Howell who captured the moment when he said, “The next great civil rights battle is in educational opportunity, and today I challenge leaders across the Commonwealth to join me in this fight.”

Time and again, we have rejected the twin ideological poles and navigated toward common ground to make the nation’s best state even better. Looking at the last four years, something important has happened: Virginia’s state government has worked.

When I campaigned for this office, I got the message down to a bumper sticker: “Bob’s for Jobs.” What can I say, I have a good name for politics!

It wasn’t just a slogan; it’s why I ran. That’s why our chief priority has been simple: to put in place the policies necessary to help the great free enterprise system create good jobs and opportunities for our people…. and then get the heck out of the way!

While there is so much that government should not do, there are those limited but important areas where government must act to help individuals prosper and the free market grow. The wisdom of the Founders and of history define the correct rules.

An efficient government has an obligation to ensure our businesses and families have the modern transportation infrastructure necessary to get goods to market, mom and dad to work, and everyone to the soccer game on time.

A responsive government provides our young people greater access and affordability at our top flight colleges and universities, so they can receive the skills necessary to land the in-demand jobs of the 21st Century.

A responsible government keeps its communities and citizens safe and secure.

The wise and frugal government envisioned by Jefferson manages and funds its core functions well, and leaves the rest to individuals, the family, faith-based and benevolent institutions, and the private sector.

It’s a balance, and by most empirical measures, we’ve struck the right one in Virginia.

Since we took office in January 2010, the unemployment rate has fallen from 7.4% to 5.4%.

We have the third-lowest unemployment rate east of the Mississippi, and the lowest in the Southeast…. and for those keeping up with the neighbors, like I do, our rate is a full point lower than Maryland, and two full points lower than North Carolina.

Over 177,000 net new jobs have been added; more than 160,000 in the private sector.

You provided nearly $120 million in new economic development tools, and the result has been 76,000 jobs and $13.6 billion in capital investment from projects announced over the last four years that were either assisted by the state or are receiving state incentives.

One of those projects was Bassett Furniture, a self-described “100-Year-Old Virginia Start-up,” and an integral part of the economy of Southern Virginia. Last month we were able to utilize the Governor’s Opportunity Fund to help the company expand its manufacturing plant in Henry County adding 25 jobs and spending $1.5 million in capital investment. They invested in Virginia, and we invested in them. With us tonight is Vice President Eddie White. Eddie- thanks for believing in Henry County and Virginia!

Bassett is in the right state for growing a business. Forbes recognized that a few months ago when they returned us to #1 and named Virginia America’s “Best State for Business.” Thanks to Bill Bolling, Jim Cheng, Jim Duffey, and Todd Haymore and many of you for strong economic development leadership.

Much of our recent growth has come from making agriculture and forestry, Virginia’s largest industry, a key component of our business development strategy.

With our top quality local products and our expanding world class port, we are successfully selling Virginia to the world.

In the past few years, I’ve completed 9 international trade missions, and we’ve opened agricultural trade offices in India, China, Great Britain, Russia, Mexico, and Costa Rica. Last year agricultural and forest products exports reached a record high of $2.6 billion.

In Beijing they’re drinking Virginia wine; in Moscow they’re eating Virginia beef; and in Tokyo all the talk is Virginia soybeans. It all means more jobs here at home.

While Virginia’s economy has grown, we have kept the size and scope of government properly in check.

We came into office facing record budget shortfalls totaling $6 billion. Now, we leave office having posted four straight budget surpluses totaling a Virginia record $2 billion.

We have budgeted wisely and held the line on growth in general fund spending.

In the 9 years from Fiscal Year 2007 to Fiscal Year 2016, general fund spending will have grown by an average of only 1.2% a year, far less than the rate of growth in population and inflation. We have reduced the number of non-higher education state employees by approximately 2000, and eliminated or consolidated 36 boards and commissions and 9 agencies. Government is doing more with less!

We’ve dramatically increased our financial reserves by growing the Rainy Day Fund from $295 million to just over $1 billion by the end of Fiscal Year 2016; the fourth-largest balance in history.

The budget I introduced uses debt conservatively, to stay within our capacity limits, while targeting important safety, environmental, and maintenance needs. It eliminates the accelerated sales tax gimmick for over 99% of businesses, beefs up a depleted Literary Fund to build schools, and leaves the largest un-appropriated balance since 1991 when the Rainy Day Fund began. Happy New Year!

We have been good stewards of our taxpayer’s dollars, and spent wisely on government’s core functions.

Nowhere was our commitment to core services more evident than in the work last session to pass Virginia’s first sustainable transportation funding plan since 1986…. the year Delegate Yost was born.

In an uncommon demonstration of election year bipartisan cooperation, something we rarely witness nationally, we did it. The transportation bill passed with the votes of 44 Republicans and 43 Democrats. Virginia families and businesses finally got the infrastructure funding that should sustain us for generations.

Before we passed that bill we audited VDOT and located every single efficiency and every available dollar. We used debt capacity to jumpstart 900 projects in 2011 for a short term fix. We expanded the use of PPTA’s to lead the nation. But it wasn’t enough.

The simple fact was this: the gas tax was only raising 46% of what it had in 1986, while the cost of asphalt was up over 350%. Not complicated: We had a math problem.

Traffic in Northern Virginia had become the worst in the country. Hampton Roads was the 20th worst, and Richmond was 60th. Virginians were wasting gas, late for work, and hitting potholes.

Now, thanks to our work, our transportation system will receive over $6 billion in new funding over the next 6 years alone, with an estimated annual economic impact of $9.5 billion and the creation of over 13,000 new jobs.

Already, we’ve seen what this new funding means.

This past year we advertised a Virginia record $2.5 billion in road construction projects.

We finally have the resources to begin widening I-64 from Newport News to Richmond.

We have reached a crucial milestone with long-awaited plans to modernize I-66 in Northern Virginia.

Construction on the critical I-95 Express Lanes from the Mixing Bowl to the Speaker’s district will be completed in early 2015.

We have begun the second phase of Route 460 construction in Buchanan County, and will start the new Route 460 from Hampton Roads to Petersburg soon.

Phase II of Rail to Dulles, the Silver Line, is now funded and will provide needed congestion relief for Northern Virginia.

Amtrak service has returned to Roanoke for the first time in 34 years, and Norfolk for the first time in 35.

All this because you worked, across regional and partisan divides long deemed unbridgeable, and provided a modern, safe and well-funded transportation system for our people. Thanks to the Speaker, Delegates Jones, Albo, and O’Bannon; Senators Howell, Stosch, Watkins, Wagner and Norment for your leadership.

I thank all of you who voted for this bill…. and the rest of you can still take credit for the projects back home.

We also took bold actions to improve our public education system. Like my dad said, to get a good job, you need a good education. We’re helping more children gain that access. Every child, regardless of her zip code or social status, deserves the opportunity of a world-class education with a great teacher in a great school.

We increased the percentage of our education dollars going into the classroom, where our children learn, from 61% to 64%.

We’ve given parents an honest view of the performance of their child’s school with a transparent A-F school grading system.

We rewarded dedicated teachers with their first pay-raise in five years and established an innovative performance pay system.

We ended irresponsible social promotion of third-graders who aren’t reading at grade level, and invested significant new resources in remedial reading programs.

We effectively eliminated teacher tenure, raised the standards for graduation, authorized Teach for America, implemented tuition scholarship tax credits, and reduced bureaucratic red tape and local unfunded mandates. We expanded charter and virtual schools, created a Teacher’s Cabinet, nearly tripled the number of STEM Academies from 8 to 22. And this year’s budget funds the Standards of Quality with over $500 million in new money.

The results: Graduation rates are up 8% since 2008, the dropout rate is down 6% since 2012, and reading scores for 4th graders are 10% higher than the national average.

We have taken a tough love, zero tolerance approach to chronically underperforming schools, by creating the “Opportunity Educational Institution,” allowing the state to turnaround and manage failing schools. This is the civil rights issue of our day. In the 8th most prosperous state in the nation, how can we tolerate a single failing school for our kids? As I leave office, I implore you to let OEI demonstrate that it will help those schools in Petersburg, Alexandria, and Norfolk that have been underperforming for years. Knowing some children aren’t getting the same education as other kids just one school district away is just not right. The time for excuses is over. It’s time for excellence for all.

When young people complete their K-12 education, they must be either career ready or college bound. If they are not, you and I and they have failed. In the globally competitive economy, employers demand more people that are well-educated and well-trained for diverse but very specialized missions.

We’ve made Virginia’s colleges and universities much more affordable and accessible the past few years.

With my budget recommendations, we will have reinvested nearly $600 million in new funding in our colleges over 5 years. My budget provides the highest TAG grant awards in history at $3300 per student annually. The past two years have produced the lowest average yearly tuition increases in over a decade, but our students still have too much debt.

The Top Jobs Higher Education Act of 2011 created the blueprint for the future and put us on track to award an additional 100,000 degrees over 15 years, with a focus on STEM disciplines. Already 14,000 new slots for Virginia students have been added. We also have required universities to be more accountable in spending by reallocating resources to top priorities. My budget contains a new funding formula that rewards performance and compliance with our legislative goals. Please enact it and make it work.

Every new acceptance letter that hits a mailbox in Virginia Beach, Tazewell, or Arlington is a testament to the progress we’ve made and a passport to the American Dream for that student. I’m very grateful to Secretary Fornash, Secretary Siddiqi, Secretary Dyke, Senator Norment, and Delegates Cox and Dance for leading the way.

I learned as a Virginia Beach prosecutor that public safety is the foremost duty of government, because it secures one’s inalienable rights.

Our crime rates continue to decrease, and Virginia now has the nation’s 4th lowest violent crime rate and the 8th lowest property crime rate. This is a testament to the years of tough sentencing and no parole laws we’ve put in place. The major reforms you passed at my request toughen laws for prosecuting gang members, child predators, and repeat drug dealers.

However, justice is not fully served if we’re only tough on the front end, but give no help to those who have paid their debts and want to be a part of their community again. For the 95% of individuals who are eventually released, we want them to be good citizens; not future prisoners. Therefore, the smart approach is to combine tough sentences with targeted assistance to help them fellow Virginians successfully re-enter society.

That’s why we demanded dramatic improvement in Virginia’s prisoner re-entry system.

The success of these efforts is clear: Virginia now has the second-lowest recidivism rate in the country.

But statistics don’t tell the full story. People do.

Tonight, we’re joined in the gallery by Tamio Holmes.


Tamio spent part of his teenage years on the street, dealing drugs, a road that twice led him to prison.

But it was in prison that he found a way out of that sad cycle. During his nine-year term, he successfully completed a work training program where he earned certification in the Groom Elite program in Virginia’s horse industry. After being released, Mr. Holmes used that training to open his own successful business. Even better, he has reunited with his family and serves as a positive role model to his daughters, helping them make good life choices.

Today, Mr. Holmes regularly returns to the prison to teach other offenders the skills and life lessons he learned. Tamio, we thank you for your character and for the positive example you are setting.
In America, we believe deeply in second chances and redemption, so I was pleased to join many of you this summer to sign an executive order for the automatic restoration of civil rights for non-violent offenders.

The sacred right to vote, which our men and women in uniform have died to secure, has been restored to 8,013 people during our four years; almost double the amount of any previous Administration. But civil rights restoration should not be subject to the arbitrary judgment of a governor; it should be made a permanent part of our laws. Therefore, in the coming years, I ask you again to take an important step for justice and pass a constitutional amendment to permit the automatic restoration of civil rights.

And we must not forget that men and women in uniform are still defending that right to vote today.

This summer, in a most special privilege of being governor, I got to meet with brave Virginia warriors at Walter Reed and Ramstein Germany hospitals, in the sands of Kuwait, and at bases in Kabul and Kandahar. We have one of the top National Guard Units in America, and as we gather in safety for this speech, the soldiers of the 1710th Transportation Company in Emporia, who I met with, remain deployed in the dangerous fields of Afghanistan.

Tonight, we are joined by Tabitha Rhodes, wife of Company Commander Rodney Rhodes, and Sarah Talbert, wife of Master Sergeant Albert Talbert, who is on his third deployment. Tabitha and Sarah, the people of Virginia thank you for your sacrifice, commend the leadership of your husbands and all who serve with them, and pray for their safe return next month.

We’ve made great progress making Virginia the most veteran-friendly state in the country. We expanded the Wall of Honor at the Virginia War Memorial, provided in-state tuition for veterans, and created a job placement program for our veterans. We have shown our love and appreciation for the brave few that protect our way of life.

I am also pleased to report that our joint progress extends to the protection of Virginia’s natural beauty.

Over the last four years we’ve conserved 232,000 acres of open space.

Virginians are enjoying cleaner air and water too. America possesses few treasures like the Chesapeake Bay, and each generation must exercise good stewardship. We put $460 million into clean water efforts, including the $221 million bond package you approved last year. We also invested $5 million in oyster restoration and last year’s oyster harvest was the biggest since 1987, and we have the largest blue crab population since 1993. Please, keep this progress up, it tastes great. As they say, save the crabs…then eat them.

I also want to thank our great state employees, the lynchpin of Virginia’s success. Over 100,000 work tirelessly every day from Chincoteague to the Cumberland Gap to serve others.

We have tried to reward that service. We provided the first pay-raise for state workers in six years and two 3% performance bonuses at Christmas in 2010 and 2012, with a third included in my proposed budget. We helped secure your retirement by making the largest deposit into our pension system in history: $2.2 billion in 2012. We also fixed the untenable cash position of VRS with major reforms to reduce future unfunded liabilities by $9 billion over 25 years. I have included $315 million in the budget to fully fund the payback of previous deferrals, and the graduated implementation of the new 7% rate of return.

On a personal note, I want to applaud First Sergeant Marc Wiley and the members of the State Police Executive Protection Unit. You serve around the clock, travel constantly, and do it all with professionalism and character. You’ve become family to my family, and we’re going to miss you greatly.

We’ve also improved customer service in government operations, especially in healthcare.

We are launching Commonwealth Coordinated Care to better facilitate care for those eligible for both Medicaid and Medicare. We’ve saved taxpayer dollars by expanding managed care for Medicaid statewide. Our Medicaid reforms are saving hundreds of millions annually.

We made the largest investments ever in Virginia’s system of intellectual and developmental services stemming from last year’s settlement with the Department of Justice. As a result of this settlement agreement Virginia will provide 750 new Medicaid waiver slots, and expand community based services for individuals with developmental disabilities, in addition to providing transition funding for the closure of the state’s training centers. In this biennial budget I’m also recommending an additional $38 million for critical services like crisis prevention and intervention, community based mental health programs, and bed space capacity.

Mental health issues affect so many Virginia families. We must continue to do all we can to provide immediate help to those in need, and comfort to those who hurt.

We’ve also helped bring a lot of joy into a lot of lives this past year with one of the most heartwarming, and successful, government efforts I’ve ever witnessed.

The “Virginia Adopts Campaign,” led by Secretaries Kelly, Hazel, and soon-to-be Secretary Holton, had a goal of matching 1,000 foster children with permanent loving families over the past year. We exceeded that goal and tonight, here in the gallery, we are joined by the 1000th adoptive family.

The Blanchard’s have been foster parents to over 20 children, and now they are welcoming Michael to the family! Michael – I know you’re thinking about a professional basketball career, but hey, maybe try your hand at politics too; trust me, they could use you down here! Thank you Blanchard family for making Virginia a more loving place to call home.

Adoption is working, It’s creating families; it’s saving taxpayer dollars. That’s why I’ve recommended $10.3 million in the upcoming budget to expand foster care and adoption support to age 21, and I hope you’ll approve that change.

We’ve supported families in other ways as well, and tonight I’m pleased to report that both the teen pregnancy and abortion rate have significantly declined over the last four years.

Virginia has the greatest concentration of technology workers in the country. We continued to grow our “Silicon Dominion” with targeted legislation like a capital gains exemption for technology businesses, creation of an angel investor tax credit, and a tax credit to attract data centers.

We also dramatically reformed and improved the Virginia Information Technology Agency, expanded modeling and simulation opportunities and launched MACH37, the nation's first cyber-security accelerator.

Looking forward, there are many important structural reforms left to address in state government….which I would have done myself if you had just approved a two-term governor!

We need to reform the tax code for the modern Virginia economy, re-examine state and municipal authority and service responsibility, fight for a balanced federal budget and the restoration of federalism and maybe one day finally end the outdated and nonsensical state bourbon & vodka monopoly. I’d say you can still knock all of that out this session if you move real fast.

We have made much progress. But not everything has proceeded as I had wished or hoped.

I am not perfect. But I have always worked tirelessly to do my very best for Virginia. I’ve set very high standards for myself. But, as a flawed human being, I’ve sometimes fallen short of my own expectations.

Choices I made were legal, and as several reviews have shown, no person or company received any special benefits during our Administration.

However, I understand the adverse public impression some of my decisions have left. I have prayed fervently that the collective good we have done over the past four years will not be obscured by this ordeal.

Tonight, I say to you, and to all Virginians, that I am deeply sorry for the problems and pain I’ve caused this past year.

The last four years have been good in making this a true “Commonwealth of Opportunity” for all Virginians.

Unemployment down two full points and over 177,000 new jobs created.

Tuition increases down; on our way to 100,000 more slots for Virginia students.

A transformative transportation infrastructure bill.

Major innovative reforms of our public education system.

Record budget surpluses.

A healthier Chesapeake Bay.

A stronger pension system.

And don’t forget, we reopened 19 rest stops and increased the highway speed limit to 70mph!

We’ve done a lot; accomplished much. But, in the years ahead, when I think back over our term in office, it won’t be the top line bullet points of our success that come first to mind.

Rather, I’ll remember we tried to follow the words of Jesus in the Scriptures to love your neighbor as yourself, and to care for the poor, the hungry, the homeless, the prisoners, the little children, the mentally ill.

I’ll remember eight Virginia universities playing in the Governor’s Holiday Hoops Classic and raising nearly half a million pounds for our Food Banks; and all the Virginia businesses that participated in the Governor’s Bowl Food and Fund Drive and raised another 1.1 million pounds.

I’ll remember the emotion of walking the Richmond Slave Trail and seeing the remnants of horror at Lumpkins Jail, and I ask you to approve the $11 million in the budget for the national slavery and heritage site.

I’ll remember the vision of Bob Sledd, working for free, and Pam Kestner who created our first statewide housing plan and found new resources for the effort, leading to a 16% reduction in homelessness last year.

I’ll remember visiting the brave people of Glade Spring and Pulaski after the devastating tornados that struck those communities; and I’ll remember the outpouring of support from Virginians who donated over $1 million in just one month to the Disaster Relief Fund we created.

In short, I’ll remember the caring, generous, and good-hearted people of Virginia.

We are all very fortunate to call Virginia home. We live in the place where America was born. Now, you have the opportunity to play a pivotal role in where our nation goes from here. As you do, remember the image of George Washington on his knees at Valley Forge, and the words of the great Virginian in his first Inaugural Address: “The propitious smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right that Heaven itself has ordained.”

Tonight, I also ask you to embrace the new Administration.

Work closely with Governor Terry McAuliffe, Lieutenant Governor Ralph Northam, and Attorney General Mark Herring to continue to make Virginia a “Commonwealth of Opportunity” for all our people.

I thank you for your warm friendship, strong partnership, and can-do results oriented leadership, and as I now step aside from the pinnacle of my life of public service, I thank God, once again, for making me a Virginian!

Thank you, and may God in His mercy and wisdom continue to bless the great people of the Commonwealth of Virginia.
Enhanced by Zemanta

Governor McDonnell Announces Launch of the Commonwealth Innovation and Entrepreneurship Measurement System

English: Governor of Virginia at CPAC in .
English: Governor of Virginia at CPAC in . (Photo credit: Wikipedia)

RICHMOND - Governor Bob McDonnell announced today the launch of the Commonwealth Innovation and Entrepreneurship Measurement System (IEMS), a web-based portal that uses key metrics and outcomes to track the performance of Virginia’s innovation economy.

Speaking about the new system, Governor McDonnell said, “This system, which is available to the public, provides a dashboard and strategic path to new opportunities in the innovation economy using key indicators that can assist lawmakers, industry leaders and other stakeholders determine the best public-private investment priorities and policies. This program is an excellent example of how we can utilize creative solutions to empower the emerging economy and help create the jobs of the future.”

The IEMS was developed by the Center for Innovative Technology (CIT) to further the work of the Commonwealth Research and Technology Strategic Roadmap, which links funding for research commercialization projects to Virginia’s strategic technology priorities.  The IEMS measures five key performance areas of Virginia’s Innovation Economy, as well as the economic impact of innovation and entrepreneurship. The key performance areas are:

·         Talent Pipeline – the degree to which the educational system is developing the skills needed to support entrepreneurism and innovation in the Commonwealth.
·         Research and Development – the level of targeted innovation taking place through research and development activity occurring in the Commonwealth.
·         Access to Capital – the amount of public and private funding deployed to support company formation and taking new ideas to the marketplace.
·         Commercialization – the level of university-based technology licensing and company formation in Virginia.
·         Business Dynamics – tracking outcomes and other elements of an innovative and entrepreneurial ecosystem.

A final category, Outputs, measures the economic impact of innovation and entrepreneurship in Virginia’s economy, especially as they affect employment and wages in key industries.

Data feeding the IEMS come from federal, state and private sources, with economic performance indicators identified by CIT, the Council on Virginia’s Future, the Virginia Chamber of Commerce’s Blueprint Virginia and other sources.

Jane Kusiak, Executive Director of the Council on Virginia’s Future, said, “Fostering innovation and entrepreneurship are essential elements of Virginia’s global competitiveness strategy. The Innovation and Entrepreneurship Measurement System will enable our leaders to discuss quantifiable ways to enhance innovation and entrepreneurship in the Commonwealth. The Council on Virginia’s Future is proud of its partnership with the Center for Innovative Technology on the IEMS and is launching a new indicator on innovation and entrepreneurship on Virginia Performs to showcase this system.”

Governor McDonnell thanked Senator Bryce Reeves and Delegate Charles Poindexter for sponsoring legislation in the 2013 session that led to the creation of the IEMS. 

The IEMS portal can be found HERE.
Enhanced by Zemanta

Monday, January 6, 2014

Gloucester, VA Officials Circumvent Discovery Throughout The County

Bad news for Gloucester County, Virginia officials.  Starting today, we are now publishing every private email address that the county uses to circumvent discovery in communications with each other.

  What does that mean?  We have discovered that a great deal of Gloucester County, Virginia officials and managers are using private email addresses in their communications that concern public county business.  They are hiding information from public discovery by doing this.  This has been an issue nationwide with politicians getting caught and busted for this exact activity.  We have no issues showing you who is doing this within the county as we continue to collect a list of those using a system that should never be done.  Even if these people have nothing to hide, they are circumventing discovery which means that they are hiding communications.  That is reason to believe they are not up and up in their dealings and are very suspect of wrong doing beyond circumventing discovery.

jjorth@vims.edu   James J Orth.  Gloucester Board of Supervisors.

c_records@yahoo.com  Charles Records, Gloucester School Board Member.
crecords@zandler-dev.com  Another email address for Charles Records above.

kiserben@gmail.com  Ben Kiser, The Kiser, Gloucester Superintendent of Schools.

aburruss2@cox.net  Ann Burruss, Gloucester Schools.

bjduncan12@cox.net  Betty Jane Duncan - Gloucester Schools?

hookc@cox.net  Carla Hook, Gloucester School Board member.

kevinsmith914@gmail.com  Kevin Smith,
rev.kev2@verizon.net  Same as above.  2 email addresses.

kimberlyehensley@gmail.com  Kimberly Hensley, Gloucester County Schools

georgeburak@cox.net  - Randy Burak, Gloucester County Schools

troyandersengp@cox.net  Troy Anderson, Gloucester School Board

This is just our first list of people in Gloucester County, Virginia government who are circumventing discovery by using personal emails in place of county emails to conduct county business.  We have the original emails on file where these addresses came from.

Now all of these people know better.  Heck, one is even an attorney who, without question, knows better.  Now in fairness, JJ Orth, at the top of the list, it's his VIMS email address being used which is still subject to a certain degree of scrutiny for public view.  Each one of these people would seem to be in clear violation to the Freedom of Information act.  You have to ask what it is they are hiding.  Each one of these people should be made to expose everything in their personal email accounts since they have used these accounts for public business.  Do you think any of them will willingly do so?  We don't think so either.  More are coming.




Enhanced by Zemanta

Gloucester, VA Animal Control Monthly Report Updates Way Out of Date, January 2014.

The most recent monthly report that has been produced and published, by Animal Control of Gloucester, Virginia, for public view was last performed in June of 2011.  Would anyone say that maybe they are just a little out of date?

http://www.gloucesterva.info/AnimalControl/tabid/666/Default.aspx

The above is a link to the page on the county site that states that this report is an annual report, however, when you look at the actual report itself, it shows that is is supposed to be a monthly report.  Is this just to much trouble for the over glorified doggie catchers to stay up with?  At a cost of $600.00 per animal handled by this department, one would figure that they should at least be able to attract semi intelligent help that can at least read and write and do simple math each month.  If you do not want to download a report to look at it.  We have it here below.



Enhanced by Zemanta