School Board Open Governance Progress

   The new web site is already letting a little sunshine into the governance of the School System.  I give them an A+ for being OPEN by placing the draft Student Code of Conduct Handbook online and available to everyone.  Unfortunately, the link is obscure – in the News section, in a small article titled "Student Code of Conduct Handbook being revised."  The link is the last word in the final sentence.  I believe that, for TRANSPARENCY, the link should be much more prominent so it receives a C-.  Therefore, the average grade for this small ray of sunshine is a B.

   EssexSunshine.Org recognizes that the web site is still under development and appreciates the effort of the School Board to become more open.  We believe that there is potential for the web site to receive an overall A in the future.  

   The July School Board Meeting, in conjunction with their retreat, is in Kingsmill Resort near Williamsburg on Thursday July 19th beginning at 9 am.  If any parents or other members of the public want to comment either contact your District SB Member and the at large SB Member before the 19th or plan on driving to Kingsmill for the Public Comment Period.  The meeting is open to the public and was announced to the Public at the last meeting, in the Rappahannock Times, and by EOS.  Unanswered is whether the location of the meeting is easily accessible and is it good public policy?

Clickener

What to Do With the Cannon? – Part 4 (and FINAL)

On Tuesday, 10 July the cannon question was answered.  Susan Derieux , President of the Museum informed the Board of Supervisors that the Essex County Museum would like to take custody of the much discussed 1864 cannon, raise funds for restoration and preservation, and properly display the cannon inside the Museum.  Noted local Attorney Alec Dillard, Jr. offered a pro bono recommendation that the County place the Cannon on permanent loan to the Museum rather than transfer ownership.  The Board of Supervisors BOS) unanimously passed a resolution to retain ownership but transfer custody of the cannon to the Museum and to coordinate its relocation.

Several local citizens immediately offered assistance to help move the cannon and one citizen offered a large seasoned white oak beam to provide the proper wood parts in authentically restoring the carriage.

This was a win for transparency in government.  The County Administrator and the BOS identified a significant issue, conducted preliminary research, and brought the issue to the public at an open meeting.  They received a large number of comments from the public and at the next meeting received a comprehensive proposal that address all of the major public concerns.  They followed an excellent decision making model, considered the facts an opinions, and took appropriate decisive action

This was also a win for the Rappahannock Times which devoted a large amount of space to the reporting, an exceptional half page article, and Letters to the Editor concerning the cannon.  Accurate and timely news coverage helps the BOS to be transparent and forms public opinion.

This was also a huge win for the Citizens of Essex County who, through their grass roots activism and communication with their supervisors, participated in reaching an optimal solution.  There won't be any direct cost to the citizens, but donations to the Museum are encouraged.  A hazard to public safety will be eliminated.  The Cannon, which has been in Essex County for a century will remain in the county, but will be inside protected from the environment, restored and preserved, and should become the centerpiece of a new display in our local museum.

Tuesday, 10 July, was a great day for TRANSPARENCY, OPEN GOVERNMENT, and GRASS ROOTS CITIZEN INVOLVEMENT.  

One final step of citizen involvement is essential - DONATIONS are needed to pay for the restoration and preservation (2 separate steps) and to design and build a suitable display within the Museum.  PLEASE DONATE.

Clickener

ERROR in the post “Where are the Public Meeting Minutes?”

I was factually wrong in the 3 July post "Where are the Public Meeting Minutes?"  The Code of Virginia 2.2-3707.1 ONLY APPLIES to the Executive Branch of the Commonwealth.

There is not any REQUIREMENT for any portion of local government to post minuets within any time limit, nor must they be posted online.  There are very specific requirements for local government to keep minutes of open meetings, what must be included in the minutes, and that the minutes must be open to the public.

Thank you to the Chairman of the Essex County School Board for notifying me of my error.

I apologize for the error and have edited the posting to correct the errors while keeping my errors open to public view.  I wrote the article - ESO had no responsibility for the erroneous citation.  After all, I believe in government transparency and should meet that same standard for articles published by ESO.

John R. Clickener

Transparency for Position Descriptions.

    This is one of ESO's initial steps in our effort to bring more sunshine into local government.  We are publishing the position descriptions for the Essex County Administrator and the Assistant County Administrator (or is the Deputy County Administrator?).  Transparency includes informing the public of what the specific duties and responsibilities are for our elected and appointed leaders of our County Government.

   This may have an additional benefit because the collection of position descriptions could be transferred to the much needed new Essex County Government web site. 

  

   Future posting will include additional individual position descriptions and the statutory duties of IDA, Planning Commission, etc.

   The following position descriptions are now open to the public:

     County Administrator   http://www.essexsunshine.org/pdflib/county-administrator-1.pdf

     Assistant County Administrator  http://www.essexsunshine.org/pdflib/assistant-county-admin-1.pdf

  

Clickener 

What to Do With the Cannon? Part 3

In Part 2 potential courses of action were discussed.  A fly on the wall at the Museum reported that the Essex County Museum and Historical Society Executive Board has approved a decision to accept the 1864 federal cannon from Essex County.  No official announcement yet, but a member was appointed to attend the next BOS Meeting on Tuesday, July 10, at the School Board Conference Room.

This may simplify the decision for the BOS but the sticking points are always in the terms and conditions.  Opinion - The course of action being suggested by the Museum has several benefits, no direct cost to the County, and no significant barriers.  It would: 1. Move the cannon to the Museum, thereby enabling the final work on the War Memorial to be started, 2. Eliminate a safety hazard, 3. Keep the cannon in Essex County, 4. Provide for a climate controlled display inside the Museum, 5. Not require County Funds, and 6. Allow sufficient time for the conservation, preservation, and restoration plan to be developed and donations accepted.

"What to Do With the Cannon", Part 4, the BOS Meeting, undoubtedly will be included in Erin Kelley's Rappahannock Times (RT) news reporting (18 July edition) of the BOS Meeting. 

So far the BOS has demonstrated good governance and decision making, the RT has reported on the issue, a local expert has written an exceptional opinion piece (published in the RT), a portion of the public has become engaged in the issue, and a civic organization has developed a thoughtfully considered proposal.  Although a final decision hasn't been reached, the cannon issue demonstrates how Transparency and Open Government can effectively work toward optimal solutions.

Clickener

What to Do With the Cannon? Part 2

A previous blog post described the issue of the old federal cannon and the open and transparent way the County Administrator and the BOS identified the issue, conducted research, and notified the public of the preliminary information.  This period between the last BOS regular meeting for FY 2012 and the first BOS regular BOS meeting of FY 2013 provides every member of the public with an opportunity to inform the County Administrator and each District Supervisor about their concerns and recommendations.

Considering that the BOS has taken all the appropriate preliminary steps – it's more than likely that they will provide an extended opportunity for public comment.  The BOS is scheduled to convene at 10:00 AM on Tuesday 10 July. At that meeting the Board could move for a decision or, if deemed necessary, conduct addition research and gather additional data. 

The BOS can, of course, use what ever process they chose to evaluate the options and reach a decision.  The classical method is to identify the potential courses of action and weight the relative costs and benefits of each. Given how openly and effectively they have worked the issue so far, I believe that they will be judicious in reaching a final decision.

Some potential courses of action, not ranked in any order, are:

            1.  Take no action.  Of course the risk of injury would still remain.

            2.  Place the old federal for sale by bid to cannon collectors.

            3.  Invite local volunteers, with the necessary skills, to repair the wooden carriage.

            4.  Donate the cannon, as is, to the Essex County Museum.

            5.  Trade the cannon, as is, for a National Park Service quality reproduction.

            6.  Place it in storage and defer the decision.

            7.  Loan the cannon, as is, to the Essex County Museum.

Although there are more potential courses of action and variations on each of the seven listed above there doesn't appear to be a single clearly best solution.  There are however, in my opinion, several poor choices among those listed above.

An obvious question is - Why is John Clickener so concerned about the cannon?  I have two interrelated concerns.  1. In my opinion, the old federal cannon, while not apparently historically significant, should be properly restored, preserved and properly protected and maintained. Where will it be positioned?  2. The final hardscape and landscape plans for the Essex County War Memorial, generously donated to Essex County by Joe and Helen Ware are being completed.  Whether or not the cannon should be included in the final plans will be determined by what course of action is decided upon by the BOS.  Will a cannon be displayed near the Memorial?  Will the old federal cannon be sold, traded, donated, loaned, or otherwise relocated from the area near the Courthouse and displayed somewhere else?

The striking War Memorial honors all those Essex County citizens who have defended the original Colony of Virginia and the United States of America through almost 260 years.  To properly honor those who have served in the most recent conflicts, it is essential that the hardscape plan be completed.  The final hardscape will provide spaces to memorialize the names of the young Essex County men and women who have recently served and to recognize those who will serve in the future.  The honoring of those who serve and the current public safety concern are why I believe a decision should be reached sooner rather than later.

Clickener

Where are the Public Meeting Minutes?

Since this article was posted errors were reported.  They have been redacted with lining out and changing the font color to gray.  I apologize for the errors.  John R. Clickener  07102012

Have you visited the new Essex County Schools web site (http://www.essex.k12.va.us/) yet?  It is much better organized, more attractive, and easier to navigate than the previous version.  Of course, it's a work in progress because there are additional features that will benefit students, staff, parents, and the community.

There does seem to be one major problem that the new web site has in common with the badly out dated county government (BOS) web site. While writing this article today, Saturday 30 June, I looked for the minutes of the School Board and the BOS meetings. The minutes of regular and special meetings of the SB are NOT POSTED on time.  However, the SB now has on line archives of the past two years of minutes and agendas. Apparently the Clerk for the BOS doesn't place the minutes on the County Government web site. --- And the BOS does not provide on line public access to an archive of minutes and agendas.

The most current SB minutes are for a regular meeting dated 14 May. The SB also held a regular meeting on 11 June.  The draft/unapproved minutes for that meeting were required to have been posted not later than the evening of 18 June. They were not there.  The SB also held a special meeting on 26 June.  Those minutes are required to be posted by the evening of 3 July.

Since the County Government has a web site, one would presume that the minutes would be posted there.  Since they do not post minutes on the web site, the BOS should require the BOS Clerk to inform the public when and how the minutes are made available in compliance with the Code of Virginia. 

The last regular meeting by the BOS was on 5 June.  The draft/unapproved minutes for that meeting were required to have been made public not later than the evening of 12 June.  The BOS met in special session at 5:00 pm on Wednesday, 27 June; therefore, those draft/unapproved minutes are required to be made public by the evening of 6 June. 

The Airport Authority, which is also required to make their minutes public, does post their minutes on the Essex County Government web site.  The most recent minutes are for the Authority's 10 May meeting.  They most recently met on 14 June; however, those draft/unapproved minutes were required to have been posted not later than 21 June.

The Code of Virginia Open Meetings Act mandates the broadest interpretation of open government and transparency.  The Act specifically requires ALL public bodies (which includes the BOS, the SB, and most other local government entities such as the Airport Authority and the Planning Commission) "…to take minutes at open meetings and prescribes specific items of information which must be included." (Code of Virginia 2.2-3707)  "Further, minutes must be made available within 5 working days of the original meeting and the final minutes within three working days of their approval."  (Code of Virginia 2.2-3707.1)

Charges may be brought and penalties may be assessed for violations of the ACT.

Additional transparency and open government requirements concerning the conduct of  public meetings, which the BOS and SB should consider, will be posted here on ESO.  They include: Public Notice requirements prior to convening meetings, the very limited and specific reasons that permit public bodies to convene in closed session, adoption and publication of a local supplement to Roberts Rules of Order, Newly Revised which specifies the local rules for public comment during open meetings, etc.

Article by JRC  John R. Clickener

The Superintendent's Contract Extension

The previous ESO article described open government and the process of decision making.  This opinion piece describes the lack of transparency and closed government decision making by the School Board (SB).

The 20 June issue of the Rappahannock Times (RT) Erin Kelley reported that School Division Superintendent Melvin's contract had been extended until 30 June 2015 at the last Regular School Board Meeting on Monday, 11 June.  This was a surprise because I attended that meeting and did not recall any vote or announcement concerning that topic.  Perhaps I hadn't listened closely enough.

My careful reexamination of the SB agenda found, within item IV. Consent Agenda; sub-item G. which stated "Approval of Personnel Action."  Not much transparency there.

Other concerns about transparency include:

- Why was a contract, with slightly over a year remaining, extended?

- Why was such an exceptional issue considered without any public notification?  The Code of Virginia permits certain narrowly defined specific personnel matters to be considered in a closed meeting (Section 2.2-3711 A 1). The Code does not prohibit public notification of an intent to discuss a contract extension.  Section 2.2-3712 A mandates that prior to a closed meeting, there must be a "…recorded vote in open meeting approving a motion that (i) identifies the subject matter, (ii) states the purpose of the meeting and (iii) makes specific reference to the applicable exemption from open meeting requirements…" 

- When and how was a decision reached to even consider offering a contract extension?

- Do the minutes of any open Board meeting report a vote, pursuant to Section 2.2-3712 A, which permitted a closed SB meeting to begin discussion of a contract extension?

There are other questions which could be posed.  In my opinion, the contract extension process appears to have been entirely opaque.  There doesn't appear to have been any public notification that an issue of the leadership and financial magnitude of extending the Superintendent's Contract was to be considered, was under consideration, or that an extension had been agreed to.  The first public notification that the contract had been extended appeared in the RT a week after the decision was made and prior to the draft minutes being published.(More about Board Minutes in a future fact article.)

I suggest the SB meet with their legal counsel to review the decision process and to determine if they fully complied with the closed meeting provision of the Code.  Second, the SB owes the public a full explanation of both the timeline and the purpose of the decision to extend the contract.  I have no doubt that the SB has the authority to extend the Superintendent's contract; however they have an obligation to be transparent in the execution of their duties and to ensure that the public is adequately informed and afforded the opportunity to provide comments.

Clickener

What to Do With the Cannon?

The previous ESO articles have focused primarily on open government and communications.  This opinion piece is focused on what open government and the process of decision making can look like.

The last Regular Meeting of the Essex County BOS (Tuesday, 5 June) had a routine agenda.  However, under new business the County Administrator and two members of the Board introduced their concern about the 1864 federal cannon located near the Essex County War Memorial.  In brief summary, the cannon, previously repaired at least three times, was described as badly deteriorated from a lack basic maintenance.  The carriage was described as near the point of collapsing.  The barrel, all 800+ pounds and parts of the carriage, were considered to be a potential danger to any child or adult who climbed on or leaned against a wheel, the axle, or the barrel.

An excellent Rappahannock Times (RT) article by Erin Kelley on the front page of the 13 June edition brought the concern to the attention of the public.  Shelba Notebook by Richard Carter, in the 20 June edition, devoted a three column opinion piece to his views on the both the governance process and the proper way to resolve the cannon issue.  The 27 June edition of the RT contained two letters to the editor (full disclosure – I wrote one of the letters) and an exceptional and well written feature article by David W. Gaddy.

"What to do with the cannon?" is important because, in my opinion, it provides an exceptional opportunity to not only see how local government should work but it enables the public to actively be a part of the decision process.  I consider the BOS process so far to be a classic decision model - identification of a specific problem, preliminary research, initial professional consultation, notification of the public of an issue, and seeking public input prior to considering a decision.  The remaining steps are identifying the potential courses of action, additional research, and reaching a BOS decision.. 

Some have accused the BOS three person committee of wanting to give away the cannon; others are appalled by the thought of a "reproduction" replacing the old federal cannon.  I was present at the Meeting on 5 June.  I heard a number of possible courses of action discussed.  There was NOT, repeat NOT, a motion to take any action or commit any county funding.  There was, after affording an opportunity for the members of the public who were present to comment, a motion to carry consideration of the cannon issue forward to the next Regular BOS Meeting.  That motion was approved.

This issue is important because the process is an example of transparency and open government at work.  No closed meetings, no rush to take action - simply an opportunity for the public to become aware and informed about a significant pending decision.  The RT has done our community a great service by giving extensive coverage to the issue.  Additional detailed background information is available in a collection of letters and articles in large binders at the Woman's Club of Essex County and, I've been told, at our Essex County Museum.  However, the most accessible information is Mr. Gaddy's comprehensive article which I encourage you to read.

Please become a part of the process.  Contact you District Supervisor and share your suggestions or recommendations with them.  The BOS has to make a decision which they believe will be in the best interests of all the citizens of Essex County both for the present and into the future.  Although the final decision may not be what you personally prefer, it should be a made with the BOS's consideration of all available public input. 

Clickener

   

Transparency and Open Government

ESO promised to provide comparative evaluation data for the Web Sites in the nearby counties.   WARNING – Essex County, as of mid-June 2012 did not compare well with the nearby Board of Supervisors (BOS) or nearby School Boards (SB) in the critical measures of TRANSPARENCY and OPEN GOVERNMENT! 

Please note that the Essex County SB launched the preliminary portion of their new web site on Tuesday, 26 June.  Their original goal was to release the new site on 30 June.  The SB, the School Administration, and particularly the Data Systems staff have made a considerable step forward.  Also, keep in mind that a number of the features and accesses to information announced as goals have still not been released.

It's ESO's opinion that a lot of sunshine is needed to make the electronic communications process of governance TRANSPARENT and OPEN in Essex County!  We'll show you what shutters should be opened, what shades to pull up, and the drapes to be pulled open.

First the SB.  Based upon the review and report by Sunshine Review, a nationally recognized independent transparency and open government advocacy web based organization, Essex County received a D Grade and ranks last among eight (8) counties in the Middle Peninsula and Northern Neck.  The summary table provides an overview:  PLEASE double click in the center of the space below to view the table.

The old (prior to 26 June 2012) Essex SB web site is the basis for the rating.  ESO considers that improvements have been made.   But because the new web site is still under development, we will not request Sunshine Review to evaluate the new site until October 2012.

Some of the essential missing information includes (opening shutters, pulling up shades, and opening drapes):

• A School Board Calendar for the July to June school and budget year.  All planned regular and Budget Meetings should be included

• A procedure to announce special and emergency SB meetings and budget meetings to the  public. The Code of Virginia requires that an announcement be made but doesn't mandate a specific procedure for the notification.

• Timely publication of all BOS meeting minutes. The Code of Virginia requires publication of the  preliminary/draft minutes within five (5) working days of each meeting.

• Improve the Budgets process. Establish procedures to seek public involvement earlier in the budget development cycle, provide much more budget information as required by the Code of Virginia, and publish the draft budget on the web site. 

The list is much longer than space permits; therefore, our focus will shift to the BOS.

The Essex County BOS web site received a D- Grade and ranked last among eight (8) counties in the Middle Peninsula and Northern Neck.  PLEASE double click in the center of the space below to view the table.  The summary table provides an overview: 

The BOS web site is missing many documents, publications, etc.  The overall appearance and navigation are badly outdated.  The only bright spots are the Treasurer's Office and the Commissioner's Office which offer online access to key information and functions. 

A short list of some essential missing information includes (opening shutters, pulling up shades, and opening drapes):

• A BOS Calendar for the July to June administration and budget year.  All planned monthly and Budget meetings should be included

• A procedure to announce special and emergency BOS meetings and budget meetings to the public. The Code of Virginia requires that an announcement be made by doesn't mandate a procedure.

• Timely publication of all SB meeting minutes. The Code of Virginia requires publication of the preliminary/draft minutes within five (5) working days of each meeting.

* Improve the Budgets process. Establish procedures to seek public involvement earlier in the budget development cycle, provide much more budget information as required by the Code of Virginia, and publish the draft budget on the web site.          

The entire BOS list is much longer than the one for the SB.  That is no surprise because the assigned Grade was just barely above an F.  


 The SB has taken the initiative in open government and transparency while the person(s) responsible for the BOS web site, despite recommendations to do so, appear(s) to be complacent.

Communications is a common theme in issues which require attention by the BOS and the SB.  EOS is not aware of any initiatives to add Face Book or Twitter (or BOTH) to their communication with the public.  It is EOS's belief that a reliance on the "way things have always been done" is a decision to be uncompetitive in economic development.  It is a decision not to recognize that many citizens under 40 and most citizens under 25 seek information and communicate through digital devices.  It at a minimum is a failure to open the shutters, pull up the shades, and pull open the drapes.  Those failures will keep the public in the dark.

More information about letting sunshine into the Essex County Government will follow.


Clickener and data from Sunshine Review

Sunshine Review Sources

One of our sources for facts, Sunshine Reviewii, is a widely respected independent National Open Government Organization. Sunshine Review evaluates the transparency of state government and local government (both Boards of Supervisors and School Boards). The following summary report card provides a starting point to evaluate how Transparentiii our Essex County government is. As citizens, we have the right to expect a high level of Transparency if we are willing to demand transparency and to pay the cost of providing open government.

The Essex County Board of Supervisors web site iv has a Sunshine Review score of D-.v The Essex County School Board web sitevi has a Sunshine Review score of D.vii Compare the Essex County Scores with the overall or average grades for our Commonwealth and local government units below.

Virginia on Sunshine Review viii Transparency report card

Our D- falls far below the state average C for Boards of Supervisors' websites. The D of the Essex School Board is well below the state average C. Please note that the Essex County School Board announced in May that a new website is being developedix with an "available on the web" target of July 2012.

Our next article will look at the surrounding counties.

WARNING – Essex County, as of mid-May 2012 does not compare well with the adjacent Board of Supervisors or adjacent School Boards in the critical measure of TRANSPARENCY! It's our opinion that a lot of sunshine is needed to make the process of governance TRANSPARENT in Essex County! We'll show you what shutters should be opened, what shades to pull up, and the drapes to be pulled open.

[1][i] Code of Virginia – Freedom of Information Act Virginia Code § 2.2-3700 (primary source)

[1][ii] http://Sunshine Review: Bringing State & Local Government to Light | Official Site

[1][iii] http://sunshinereview.org/index.php/Transparency_Checklist

[1][iv] http://www.essex-virginia.org/ex_gov.htm

[1][v] http://sunshinereview.org/index.php/Evaluation_of_Virginia_county_websites

[1][vi] http://www.essex.k12.va.us/

[1][vii] http://sunshinereview.org/index.php/Evaluation_of_Virginia_school_district_websites

[1][viii] http://sunshinereview.org/index.php/Virginia

[1][ix] http://www.essex.k12.va.us/agendasb.pdf Essex County School Board Agenda for May 14, 2012 Item VII Informational Item sub item C New ECPS Website Demonstration and Minutes (to be published) of the May 14 School Board Meeting

Clickener and Sunshine Review

Let's Get Started

Although there are many topics involving governance, (def: 1. exercise of authority; control. 2. a method or system of government or management.) within Essex County, Virginia it is the opinion of the ESO editorial staff that access to information (i.e.transparency) and completely verifiable/sourced information (i.e. facts) should be the fundamental obligations of government and the basic expectations of our citizens.

Of course the major issues of financial management, providing essential government services, staffing concerns, contracts for goods and services, efficiency of government operations, and ultimately the effectiveness of the operations will be examined, but without transparency and access to facts, our citizens are left in the dark (shutters closed, shades pulled down, and drapes pulled shut) and government can't be held accountable.

Facts are slippery things, sometimes deliberately hidden, sometime not available by lack of initiative. It's ESO's opinion that full government transparency, guaranteed by the Freedom of Information Act with certain enumerated exceptions will make facts available.i Our first task is to look at what is expected, how well Essex County Government is meeting the standards, and how well comparable counties (i.e. similar counties near Essex County) Boards of Supervisors and School Boards are meeting the same expectations.

Clickener and Sunshine Review