NTSB – C-VILLE Weekly

In brief: FOIA fun, both sides—not, gabapentin implicated, and more

You say sunshine, we say FOIA

Reporters know one of the greatest tools for keeping the public informed is FOIA—the Freedom of Information Act. As Virginia Code notes: “The affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government.” Federal and state FOIA laws ensure that public meetings and information are truly available to the public.

Sunshine Week, an annual event to promote freedom of information and open government, falls around father-of-the-Constitution James Madison’s March 16 birthday. Smart Cville and the Virginia Coalition for Open Government hosted a FOIA panel March 25 for people appointed to boards and commissions, and we figured it’s never too late to share some FOIA highlights.

“We organized this event because we value transparency and knew others, within government and outside, have similar values,” says Smart Cville founder Lucas Ames. “If we’re truly committed to transparency and openness, it’s important that we take steps to promote those ideals, including educating local citizens who sit on boards and commissions that fall under the Virginia Freedom of Information Act.”

Megan Rhyne, executive director of the Virginia Coalition for Open Government, regularly fields FOIA questions, and ran down a few of the most common.

1. How to request: A FOIA request doesn’t have to be written, but it’s a good idea. An email can read: Under the Freedom of Information Act, I’m requesting all records from DATE to DATE that deal with X. Please provide an estimate to fulfill this request.

2. Fees: People aren’t always aware that they can be charged for copies of documents, particularly those that involve a lot of staff time to pull together. Government bodies can give you an estimate—but you have to ask for it, says Rhyne.

3. Response: A government body has five days to reply. Typical exemptions to FOIA: police investigative files, personnel records, working papers.

4. Not exempt: Messages dealing with public business on personal devices and in personal accounts. Government employees’ salaries must be disclosed.

5. Meetings: FOIA also mandates that the public be notified of meetings of elected and appointed officials, and these meetings are supposed to be open to the public. But the law does not require public comment, which surprises a lot of citizens, says Rhyne. Public notice of a meeting is required, except for staff meetings. Three or more members of an elected or appointed body cannot meet for coffee to talk about public business unless the public is notified.

Quote of the week

“In Charlottesville and around the globe, we stand firmly in stating: There are not very fine people on both sides of this issue.”—Charlottesville Police Chief RaShall Brackney on the racist threat that closed city schools

In brief

Albemarle ditched

Last spring, Governor Ralph Northam was here to tout construction software company CoConstruct’s $485,000 investment that would create 69 new jobs in Albemarle County. On March 22, CoConstruct announced it was moving to downtown Charlottesville and will lease 40,000 square feet in the five-story office building under construction on Garrett Street. 3TWENTY3 bought the property from Oliver Kuttner for $5.4 million in October.

Crozet crash

The National Transportation Safety Board released its 1,600-page report on the January 31, 2018, collision of an Amtrak train and a Time Disposal garbage truck. The NTSB concluded the truck went around downed crossing arms and driver Dana Naylor, who was acquitted of criminal charges last month, was impaired by marijuana and gabapentin, a drug used to control seizures or relieve nerve pain, for which he didn’t have a prescription.

Farm scuttled

Developer Justin Shimp’s plans to build the controversial Hogwaller Farm, an apartment complex and urban farm concept that would straddle Charlottesville and Albemarle, were put on hold when City Council voted 3-2 to deny a rezoning request necessary to build an on-site greenhouse. Shimp says he’s planning to pursue a similar opportunity on the property, according to Charlottesville Tomorrow.

Equity loans

Charlottesville launched its Business Equity Loan program earlier in March for existing businesses whose owners are socially disadvantaged either by race, ethnicity, or gender. The city allocated $100,000 to the Wes Bellamy initiative, and applicants who have been in business for at least six months can apply for loans from up to $25,000, according to Hollie Lee, an economic development specialist.

Time Disposal employee killed in Crozet train crash

More details on the January 31 fatal collision of an Amtrak train carrying Republican congressmen and a Time Disposal garbage truck at a railroad crossing in Crozet were released Thursday, and the National Transportation Safety Board lead investigator says the agency is aware of reports of issues at the crossing at Lanetown Road.

Christopher Foley, 28, of Louisa died at the scene when the truck upon which he was a crew member and a passenger was hit.

The Washington Post reports that Representative Phil Roe of Tennessee, a retired OB/GYN who was on the train, said, “I think it was a instantaneous death. I don’t think he suffered.”

On its Facebook page, Time Disposal says, “[W]e find ourselves in shock and with heavy hearts. Yesterday we lost an employee and a brother, his one-year-old son and mother of his child lost a father.” The company set up a GoFundMe account for his family, which has so far raised nearly $34,000.

The chartered train that was carrying GOP legislators to a retreat at the deluxe Greenbrier resort in White Sulphur Springs, West Virginia, was going 61mph, said Pete Kotowski, NTSB investigator in charge of the investigation at a press conference. The speed limit for that crossing is 60mph.

A data recorder indicated the train was going full throttle at 11:20am, and one second later it went to idle, which means it was braking, said Kotowski. “The train came to rest approximately 20 seconds after the throttle went to idle,” he said.

A video recorder on the front of the train was damaged, but has been sent sent to Washington for examination. The recorder, said Kotowski, could reveal more about whether the crossing arms were down when the train went through, as will electronic components taken from the signal.

He says it will be 12 to 14 months before the investigation is complete.

Reports of issues with the crossing equipment have been widespread since the crash.

Benny Layne, who owns the land at Marymart Farm where the shredded truck came to rest, told the AP he’d seen the crossing arms stay down for hours when no train was coming, and that he’d seen someone working on the signal earlier this week.

Timothy Griffith, who lives in nearby Grayrock, says during the four years he’s lived there, “I remember one occasion when the arms were down for no reason.”

Six people were taken to the hospital, and one, a Time Disposal employee, is in critical condition.

Local musician Jamie Dyer says that’s his nephew. “I can’t believe he’s alive,” says Dyer.

Dennis James “DJ” Eddy is in his mid-20s, had only been working for Time Disposal for a couple of weeks and was sitting in the middle of the cab when “the train hit the back of the truck and flipped it around,” says Dyer.

Dyer says the FBI came to the hospital room of the driver of the truck to draw blood, and he’s worried “they’re trying to pin it on this driver.”

The driver is 30 years old and has worked for Time Disposal for seven years, says Kotowski.

The waste company has been in business 33 years, employs 17 drivers and has 15 vehicles. The NTSB investigator says it’s had six roadside safety checks and two vehicle were placed out of service. Time Disposal trucks have had two crashes, one in 2015 and another in 2016.

The garbage truck, locomotive and train cars have all been removed and will be examined, says Kotowski.

So far the NTSB has interviewed four witnesses, and the agency is urging anyone who saw anything to contact them.

Among the lawmakers on the train were Senator Jeff Flake, who said the incident was reminiscent of last summer’s baseball field shooting, Senator Ted Cruz and House Speaker Paul Ryan, who offered prayers for the victims and injured and who said, “I’m just so thankful for the people who sprung into action today.”