ATI Praises VA House Passage of Strengthened FOIA Law
FOR IMMEDIATE RELEASE
Thursday, February 9, 2011
The American Tradition Institute today praised yesterday’s passage of a stronger Freedom of Information Act law in the Commonwealth of Virginia’s House of Delegates, after the University of Virginia had previously misled a House member about the existence of records pertaining to former UVA climate scientist Michael Mann.
Delegate Robert Marshall, who recently joined ATI Environmental Law Center senior director of litigation Christopher Horner and Virginia resident David Schnare in a FOIA request of UVA’s records on Mann, had previously been denied by the university in a request of his own. Marshall sponsored the bill, which passed the House in a 95-3 vote. The legislation doubles the civil penalty for failure to comply with the law; previously violators could be assessed between $250 and $1,000, but under Marshall’s bill the fines would be between $500 and $2,000. The Virginia Senate will now consider the proposed changes.
“We simply cannot tolerate a situation like the UVA. FOIA officials told me that no documents existed,” Del. Marshall told Virginia Statehouse News. “This bill sends a message that the House of Delegates does not think that the prior penalty was sufficient.”
On Jan. 6 ATI’s Environmental Law Center requested from UVA emails and other documents related to claims made by Dr. Mann to obtain, and claim payment under, certain taxpayer-funded grants. Mann, currently at Pennsylvania State University, worked at the UVA’s Department of Environmental Sciences when he produced what was hailed at the time as the ‘smoking gun’ affirming the theory of catastrophic man-made global warming.
In response to Del. Marshall’s previous FOIA request, UVA had denied these records existed. But during the course of Attorney General Ken Cuccinelli’s pre-investigation under the Virginia Fraud Against Taxpayers Act (“FATA”), UVA dropped that stance. Court records reveal that counsel for the University has indicated instead that the Mann-related records do in fact exist, on a backup server. However, now UVA is in delay mode in response to ATI’s FOIA request.
“Public servants need to understand that the records in their custody belong to taxpayers, not to themselves,” said Paul Chesser, executive director of ATI. “Let’s hope this legislation is passed so that deception and disrespect of an elected official, and abuse of public information laws, will incur a harsher penalty.”
See ATI’s Virginia Freedom of Information Act request for Michael Mann’s records at University of Virginia (PDF)
See ATI’s Virginia Freedom of Information Act request for donor records of University of Virginia for response to Attorney General Kenneth Cuccinelli’s investigation (PDF)
FOR IMMEDIATE RELEASE
Thursday, February 9, 2011
Contact: Paul Chesser, paul.chesser@atinstitute.org
202-670-2680
If you cannot read this press release, please click here: http://www.atinstitute.org/blog_post/show/77
ATI Praises VA House Passage of Strengthened FOIA Law
The American Tradition Institute today praised yesterday’s passage of a stronger Freedom of Information Act law in the Commonwealth of Virginia’s House of Delegates, after the University of Virginia had previously misled a House member about the existence of records pertaining to former UVA climate scientist Michael Mann.
Delegate Robert Marshall, who recently joined ATI Environmental Law Center senior director of litigation Christopher Horner and Virginia resident David Schnare in a FOIA request of UVA’s records on Mann, had previously been denied by the university in a request of his own. Marshall sponsored the bill, which passed the House in a 95-3 vote. The legislation doubles the civil penalty for failure to comply with the law; previously violators could be assessed between $250 and $1,000, but under Marshall’s bill the fines would be between $500 and $2,000. The Virginia Senate will now consider the proposed changes.
“We simply cannot tolerate a situation like the UVA. FOIA officials told me that no documents existed,” Del. Marshall told Virginia Statehouse News ( http://virginia.statehousenewsonline.com/2877/house-tightens-violations-to-states-foia-laws/ ). “This bill sends a message that the House of Delegates does not think that the prior penalty was sufficient.”
On Jan. 6 ATI’s Environmental Law Center requested from UVA emails and other documents related to claims made by Dr. Mann to obtain, and claim payment under, certain taxpayer-funded grants. Mann, currently at Pennsylvania State University, worked at the UVA’s Department of Environmental Sciences when he produced what was hailed at the time as the ‘smoking gun’ affirming the theory of catastrophic man-made global warming.
In response to Del. Marshall’s previous FOIA request, UVA had denied these records existed. But during the course of Attorney General Ken Cuccinelli’s pre-investigation under the Virginia Fraud Against Taxpayers Act (“FATA”), UVA dropped that stance. Court records reveal that counsel for the University has indicated instead that the Mann-related records do in fact exist, on a backup server. However, now UVA is in delay mode in response to ATI’s FOIA request.
“Public servants need to understand that the records in their custody belong to taxpayers, not to themselves,” said Paul Chesser, executive director of ATI. “Let’s hope this legislation is passed so that deception and disrespect of an elected official, and abuse of public information laws, will incur a harsher penalty.”
See ATI’s Virginia Freedom of Information Act request for Michael Mann’s records at University of Virginia ( http://www.atinstitute.org/uploads/File/ATI_UVA_Mann_FOIA_Final.pdf )
See ATI’s Virginia Freedom of Information Act request for donor records of University of Virginia for response to Attorney General Kenneth Cuccinelli’s investigation ( http://www.atinstitute.org/uploads/File/ATI_UVA_Donors_FOIA.pdf )
For an interview with American Tradition Institute executive director Paul Chesser, call (202)670-2680 or email paul.chesser@atinstitute.org.
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Game on!
Stronger law not ratified. Still no emails produced under the FOIA. Stonewalling continues, while Obama and Chu proceed.
I just have this feeling that a box of strong magnets are about to get accidental stored right next to a certain server at UVA , ‘after all who was to know they would have an effect’
If they are willing to spend half a million to fight to keep the records from prying eyes, it seems unlikely that a $2000 dollar fine is much of a deterent.
Minuscule financial penalties merely provide incentives to malfeasant public officialdom in pursuit of PR self-aggrandizement.
By analogy with Sarbanes-Oxley, the time is past-due to specify tax-funded operations’ direct accountability and responsibility for complying with FOIA as a fiduciary obligation akin to public interest in suppressing accounting fraud.
To the extent insular, ossifed academic elites succeed in immunizing themselves from public scrutiny, just so will corruption permeate insiders’ self-dealings on every level. AGW for years has been a classic case.
“… under Marshall’s bill the fines would be between $500 and $2,000.” ???
They will thumb their noses at this also. The solution is to give them 3 months to comply and if they fail, cut the organizations funding by 50% for each month they are out of compliance… each and every month.
After their staff quits from not getting paid, replace them.
Well, I’m a little underwhelmed by the increase in the penalty. They’re going to have to put some real teeth into the penalty or the law will continue to be ignored.
Since they can’t call it the Mann act…..how about the Mann-up act? 😉
Make it $2000/week after the first 30 days, with ongoing collections (they need to start pay each and every week, or penalties and interest begin to pile up)
They need to add jail time to the fine–like one day in the slammer for each $1 of fine. Now THAT would put some teeth into the law. Then the perpetrators should be fired for insubordination and obstruction–they’d be good for flippin’ burgers (or working in the Obama administration) and that’s about it.
30 days to one year in a federal pen.
I bet FOIA requests would be processed promptly.
And why not prison time in the state pen for obstructing?
Anyone see this yet?
Climategate U-turn as scientist at centre of row admits: There has been no global warming since 1995
Read more: http://www.dailymail.co.uk/news/article-1250872/Climategate-U-turn-Astonishment-scientist-centre-global-warming-email-row-admits-data-organised.html#ixzz1DVmEmFDB
REPLY: That’s dated Feb 10, 2010, this is 2011. Old news -Anthony
I agree – the fine is fine,
but add to it a reduction or stoppage of funding until compliance with the FOIA request.
What point is the penalty? As a vast number of FOI requests are sent to public bodies, won’t the penalty simply be paid out of the public purse? If so, how does this act as a deterent or as an incentive to comply?
It is necessary to give the law some real teeth. Consideration should be given to making those responsibe for keeping the record liable to pay out of their own pocket both the legal costs of resisting compliance and any fine for non compliance, then that might act as a deterent against non compliance. Likewise, repeated and persistent non compliance should perhaps lead to a small term of imprisonment (say 28 days).
When did the lawyer and UVA officials “realize” the information was backed up? Who knew and when did they know it?
If it can be proven that the lawyer perjured himself, can he be prosecuted? Disbarred at least? If he asserts and it can be shown that he really did not know, can he be proclaimed terminally stupid and disbarred for public ignorance? Too many of these sleaze-balls running around loose these days.
There must be something really rotten in those records.
Of course, since the FOI laws in Great Britain
and especially those in the various States and
the United States itself have been used as a veil
by the “Team” and their supporters, we get stuff
like Princes Charles flapping about “deniers” not
getting behind the body of “proof” for Global
Warming.
See:
http://www.bbc.co.uk/news/uk-12403292
If it can’t be shown to be false, it must be true.
With good PR the Big Lie has great staying power.
I thought it was against the law………….
If I embezzled a $1/2 million, and the fine was $2000…
….I know I would really have to think about it /sarc
There’s too much money involved for the truth to ever emerge. The online Washington Examiner this week is detailing the corruption of our government by an ultra-rich environmental groups. It is truly frightening in its scope, including our tax dollars going to fund the groups, and the present executive branch’s share in the money. Since GE is one of the big players, this collection of articles needs to be public knowledge.
Virginia through its politicians has a long history of protecting any and all behavior by the universities in this state – that includes republicans as well as democrats!
REPLY: That’s dated Feb 10, 2010, this is 2011. Old news -Anthony
Ahh man, thought I scooped something…always late to the game. 🙂
Unfortunately its a world problem ” global warming” not confined to Virginia LOL just joking
What about those amounts per day until FOI requests fulfilled. I don’t see a deterrent here – didn’t UVA spend another half million of Taxpayers money to fight it?
Del. Marshall told Virginia Statehouse News. “This bill sends a message that the House of Delegates does not think that the prior penalty was sufficient.”
Whoa! there fightin’ talk Bob.
You sent them a clear message alright: nothing to worry about, keep lying in response FOI requests.
Jeez, I would not like to see these Dep’s when they get mad. I bet they raise thier voices an’ all.