Arlington, VA

(Updated at 3:25 p.m.) Arlington County is planning to start forwarding public records requests about Amazon to the company, despite not yet having finalized the agreement to do, officials say.

Arlington County agreed to alert the tech and retail giant whenever someone files a Freedom of Information Act (FOIA) request for public records involving the company. Both Arlington County and the Commonwealth of Virginia have agreed to the deal, which has been criticized by open government advocates who fear it make public records harder to access.

The deal is part of a $23 million incentive package the County Board unanimously approved last month to lure the company and its promise of at least 25,000 jobs to the county. However, county officials still need to sign on the dotted line to seal the FOIA deal — something Arlington County spokeswoman Jennifer Smith says they will do within the next two weeks.

“Since the agreement has not yet been fully executed, the provision is not yet in effect,” Smith said of the FOIA deal. “Nonetheless, we will likely notify Amazon of requests for records if and when they come in.”

Smith did not answer a question about why the county decided to honor the agreement before executing it.

Arlington’s FOIA agreement says the county will “give Amazon not less than two (2) business days written notice of the request to allow Amazon to take such steps as it deems appropriate with regard to the requested disclosure of records.”

It also stipulates that the county agrees to, “disclose only such records as are subject to mandatory disclosure under VaFOIA or other applicable law or regulation,” referring to the state laws requiring a response within five days to public requests and that the government apply exemptions narrowly.

County Attorney Stephen MacIsaac told ARLnow through a spokeswoman the agreement with Amazon is a “courtesy” and that it “will not change the County’s response to the request” of public records.

“It provides Amazon with awareness of the FOIA request, giving the company the opportunity to protect records it believes are entitled to protection in the event the County intends to release the records,” he said.

This gives Amazon time to file a “reverse open records request” case in court preventing the county from sharing information, according to FOIA expert Professor John Cary Sims of the University of the Pacific McGeorge School of Law.

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Morning Notes

County Officials Defend Amazon FOIA Deal — “The Arlington government’s top attorney says there’s nothing improper about part of the county’s incentive deal with Amazon that gives the company notice of Virginia Freedom of Information Act filings related to the agreement.” [InsideNova]

Pedestrian Struck in Virginia Square — Police, firefighters responded to a pedestrian struck by a vehicle on Wilson Blvd at N. Oakland Street Tuesday morning. The vehicle was turning and struck the pedestrian, who suffered minor injuries, we’re told. In Arlington, pedestrian-involved crashes like this are common, occurring almost every day, though most — like this incident — result in non-life-threatening injuries to the victim. [Twitter]

Smoke Fills Lee Highway Building — Firefighters responded to an under-construction commercial building on the 5800 block of Lee Highway yesterday afternoon to investigate smoke in the building. It was determined that the smoke came from a malfunctioning HVAC unit. [Twitter]

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(Updated at 10:45 p.m.) About a year ago at this time, Arlington looked to be in serious trouble down in Richmond.

In mid-March 2018, county officials faced the decidedly unpleasant prospect that they’d come out on the losing end of a bruising legislative battle with two local golf and country clubs.

One of the county’s foremost foes in the General Assembly had engineered the passage of legislation to slash the clubs’ tax bills, potentially pulling more than a million dollars in annual tax revenue out of the county’s coffers.

Arlington had spent years tangling with the clubs, which count among their members local luminaries ranging from retired generals to former presidents, arguing over how to tax those properties. Yet the legislation from Del. Tim Hugo (R-40th District) would’ve bypassed the local dispute entirely, and it was headed to Gov. Ralph Northam’s desk.

That meant that Arlington’s only hope of stopping the bill was convincing the governor to strike it down with his veto pen.

In those days, long before evidence of Northam’s racist medical school yearbook photos had surfaced, the Democrat was well-liked in the county. He’d raised plenty of cash from Arlingtonians in his successful campaign just a year before, and had won endorsements in his primary contest from many of the county’s elected officials.

Yet the situation still looked dire enough that the County Board felt compelled to take more drastic steps to win Northam to their side. The county shelled out $22,500 to hire a well-connected lobbying firm for just a few weeks, embarking on a frenetic campaign to pressure the governor and state lawmakers and launch a media blitz to broadcast the county’s position in both local and national outlets.

“It became apparent to all of us that every Arlingtonian had something at stake here,” then-County Board Chair Katie Cristol told ARLnow. “At a time when we were making excruciating decisions about our own budget, the idea that you would take more than million dollars and put it toward something that wasn’t a priority for anyone here was so frustrating.”

That push was ultimately successful — Northam vetoed the bill last April, and the county struck a deal with the clubs to end this fight a few weeks later.

An ARLnow investigation of the events of those crucial weeks in spring 2018 sheds a bit more light on how the county won that veto, and how business is conducted down in the state capitol. This account is based both on interviews with many people close to the debate and a trove of emails and documents released via a public records request (and published now in the spirit of “National Sunshine Week,” a nationwide initiative designed to highlight the value of freedom of information laws).

Crucially, ARLnow’s research shows that the process was anything but smooth sailing for the county, as it pit Arlington directly against the club’s members. Many of them exercise plenty of political influence across the region and the state, and documents show they were able to lean heavily on Northam himself.

“One would expect a Democratic governor to be highly responsive to one of most Democratic jurisdictions in the state,” said Stephen Farnsworth, a professor of political science at the University of Mary Washington in Fredericksburg. “But this was a matter of great concern to a bunch of very important people in Virginia, and that may well be the reason why additional efforts were necessary.”

And, looking forward, the bitter fight over the issue could well have big implications should similar legislation ever resurface in Richmond.

“Structurally, this bill could absolutely come back someday,” Cristol said. “And the idea that a bill that has such deleterious consequences for land use and taxation in jurisdictions across Virginia could come back and garner support because of an effective lobbying interest is very much a real threat.”

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In recent weeks, Arlington County and its school system have sought to charge ARLnow hundreds of dollars to fulfill public records requests, or simply not responded to them — and others around the county have noticed similar issues accessing public documents.

The county has asked for more than $1,140 in all to provide records in response to three requests by ARLnow under the Freedom of Information Act, using accounting practices that raised eyebrows at one of Virginia’s open government watchdog groups. In another case, Arlington Public Schools has gone more than a month before providing any response to an ARLnow FOIA request, missing a state-mandated deadline by weeks.

Other reporters and political activists told ARLnow they’ve received even larger bills, or similarly been stumped by radio silence from the county on the requests.

Virginia’s FOIA, designed to open up public documents for public inspection, has frequently been criticized by transparency advocates for its litany of exemptions allowing government officials to withhold vast swaths of information from disclosure. Rather than claiming any of those exemptions in these instances, however, the county could be running afoul of the law itself.

Megan Rhyne, executive director of the Virginia Coalition for Open Government, was particularly taken aback by the size of the fees the county has sought to assess ARLnow. While the FOIA does allow government agencies to “make reasonable charges” to offset costs associated with tracking down the necessary documents, Rhyne expressed bewilderment at some of the county’s tactics for calculating those fees.

For instance, in response to one ARLnow request for six months worth of data on Arlington Transit service, the county estimated that a “management analyst” would need to spend 13.5 hours searching for records that could match ARLnow’s request, at a rate of $40.39 per hour.

Then, the county said an “associate planner” would need to spend three hours on the request, at a rate of $35.95 per hour. Finally, the “acting transit services manager” would spend an hour on the work, to tack on another $40.76.

“That’s a LOT of time,” Rhyne wrote in an email. “And what will the ‘associate planner’ need to take three hours to do different from the analyst? And then the ‘manager.’ What do any of them DO as part of this process? That’s three layers, with more than 17 of those hours going to people all making over $74,000/year.”

Rhyne points out that “the amount of the fees charged does not tell the whole story,” noting that what’s really important is how the county arrived at those figures. But if Arlington is adding unnecessary steps to the process, she says that wouldn’t match up with the law’s requirements.

“Fees must represent the actual cost to the government, and the costs must be reasonable,” Rhyne said.

It’s difficult to pin down, however, just how often the county is assessing such large fees for FOIA requests.

Logs released through a separate ARLnow FOIA request show that the county charged an average of $28.50 to respond to records requests over the first six months of this year — however, those logs do not include fees assessed on requests that weren’t completed, meaning people could be choosing not to move forward with a request if the price tag is too steep. The logs do show that the county’s completed five requests with fees of $100 or more from January through the end of June, including ones with fees of $316, $550 and $614.50.

Other would-be requesters around the county say such large fees are not unusual, however.

Matthew Hurtt, a local Republican activist, says the county sought to charge him more than $1,100 when he asked for email correspondence related to Arlington’s bid for Amazon’s second headquarters. He says even a “significantly refined” request came with a fee north of $900.

Jonathan O’Connell, a reporter with the Washington Post, says the county wanted to charge him $319.55 for Amazon-related documents — and even if he’d paid, officials informed him they’d be claiming an exemption to withhold all the information anyway.

“Arlington actually gave me a pretty similar response to what other Virginia jurisdictions gave me, which is nothing of value,” O’Connell told ARLnow. “I didn’t pay them because they told me they weren’t going to to give me anything related to HQ2.”

In other cases, the county’s responses have been confusing or non-existent.

Roshan Abraham, an activist with Our Revolution Arlington, filed a request on July 30 for documents related to the county’s incentive package to bring Nestle to Arlington, but didn’t hear back from the county for weeks. When informed by ARLnow that documents posted to the county’s website on Aug. 17 could match his request, Abraham said he never received any communication from the county about it, and that some documents he’d asked for remain missing.

Similarly, county transit bureau chief Lynn Rivers told ARLnow in early August that staff had erred when they attached a $323 fee to a June 29 request for two months’ worth of Arlington Transit data. She pledged to deliver the documents free of charge, but even after several calls and emails seeking clarity, ARLnow hasn’t received any response.

And in the case of the school system, officials have yet to respond to a July 30 request from ARLnow seeking documents related to plans to rename Washington-Lee High School.

The FOIA calls for officials to respond to requesters within five “working days,” and either detail whether the records are available or ask for more time to track them down. Linda Erdos, Arlington Public Schools’ assistant superintendent for school and community relations, wrote in an email on Aug. 21 that she’d provide such a response the following day.

After two follow-up emails to Erdos since then, ARLnow still has yet to receive any answer.

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Nestle is now in line to earn half of the $4 million in local grants Arlington promised the company in exchange for moving to Rosslyn, after meeting the county’s targets to qualify for the incentives.

In all, the packaged food giant will receive $12 million in cash and infrastructure improvements after agreeing to relocate its corporate headquarters to 1812 N. Moore Street last February. But the money did come with some strings attached, forcing the company to prove that it will create 748 new jobs with an average annual salary of $127,719 in the county and lease at least 205,000 square feet of office space by the time 2020 arrives.

Only $4 million will come from the county itself, through a “Economic Development Incentive” grant, while a $6 million state grant and $2 million in nearby infrastructure construction round out Arlington’s deal with Nestle. Even still, the grants have become a hot-button political issue around the county, with plenty of observers questioning whether the incentive money might’ve been better spent elsewhere.

So far, at least, the company seems to be holding up its end of the bargain. According to documents released through a Freedom of Information Act request, Nestle has created and maintained 358 new jobs at the Rosslyn office, and has leased 229,000 square feet of space in Rosslyn through June 30. Daniel Nugent, chief legal officer and general counsel for the company, signed a July 18 affidavit attesting to those statistics.

That means the company has well exceeded its office space requirement to earn the grant money, but fell just short of the 374 new jobs it needed to create by the time June 30 rolled around.

However, Cara O’Donnell, a spokeswoman for Arlington Economic Development, noted that the company only needed to hit 90 percent of the grant’s requirements to earn the money. Accordingly, the county will now release $2 million to Nestle.

“This year, Nestle achieved 95 percent of its new jobs target and 111 percent of its facility lease target, well above the 90 percent required in each category,” O’Donnell told ARLnow. “They are currently meeting targets as required.”

Josh Morton, a spokesman for Nestle, added that the discrepancy in the job figure is because “the number is always changing as more people are hired in Arlington.” In July and August alone, he says the company hired another 125 employees.

Though she generally remains “skeptical” of such relocation incentives, County Board Chair Katie Cristol thinks “it’s great, but not a surprise to know that Nestle is performing consistently with those expectations.” She attributes that to the work of county staff to “develop an incredibly conservative incentives program where we can see a very clear and really significant return on investment in any incentive we make.”

“We’re not going to do something speculative where we’re giving away the public’s money without a lot of confidence that we’ll see that money return to us well in orders of magnitude beyond what we invested,” Cristol said.

Cristol is well aware what kind of controversy the Nestle incentives kicked up after the Board approved them last year, and how the prospect of similar grants going to Amazon to bring HQ2 to Arlington has roiled the community.

So while she does remain “a little uneasy” about the prospect of “a community like Arlington, that has so much else to offer, seeking to offer cash incentives,” Cristol thinks the Nestle deal does show that these grants can work, if managed properly.

“We’re delighted to have Nestle here, they’ve been a great partner in the community already,” Cristol said. “And in the long term sense… we’re going to be really gimlet-eyed about continuing to look at all over those targets and looking at the return on investment over the life of any deal we put together.”

Nestle will next report back to the county on July 15, 2019 to affirm that it’s indeed created all 748 jobs it promised for the Rosslyn office.

File photo

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Morning Notes

County HQ Renovation Vote Delayed — The Arlington County Board last night agreed to defer consideration of renovations to county government headquarters until April. The Board will discuss the “‘opportunity costs’ for the $10 million in rent abatements that will fund part of the renovation project,” in the context of the current county budget discussions, according to Board Chair Katie Cristol. [Twitter]

Arlington Declines Amazon FOIA Request — A Freedom of Information Act request for more information about the county’s Amazon HQ2 bid, sent from the Washington Post’s Jonathan O’Connell, was denied on the grounds that the information was “exempt from disclosure.” At the County Board meeting this past weekend, several speakers called on the county to release more information about what it has offered Amazon. [Twitter, WTOP]

Letter: APS Should Revise Gym Shorts Policy — Eighth-grade students wrote a letter to the editor encouraging Arlington Public Schools to revise its policy on girls’ gym shorts. Per the letter: “The shorts we are required to wear by the school system cause many of us embarrassment because the wide, open legs allow others to see our undergarments, especially during floor exercises. Additionally, the current gym shorts are too big for petite girls.” [InsideNova]

Arlington TV Now in HD — “You can now watch Arlington TV (ATV), the County’s government cable channel, in high definition (HD) on Comcast Xfinity. From live County Board meetings to original programming about Arlington, viewers with HD sets can now watch the same programming on Channel 1085 on Comcast Xfinity’s HD tier.” [Arlington County]

Auditor Releases Report on ECC Overtime — Arlington County Auditor Chris Horton has released a report on overtime incurred by the county’s Emergency Communications Center, which handles 911 calls and dispatches first responders. The ECC’s overtime costs were about $1.4 million last year. Horton found that “a more efficient training process could result in greater staffing efficiency, and potentially reduce overtime expenses.” [Arlington County]

Four Phases of Snow Removal — For those who need a reminder after this anemic winter, a YouTube video explains the county’s four-stage snow removal process. [YouTube]

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Morning Notes

Instant Runoff Bill Fails in Richmond — It appeared to be headed toward potential passage, but a bill to allow Arlington County to hold instant-runoff elections for County Board was referred to another committee on a 51-49 House of Delegates vote and is effectively dead for 2018. [InsideNova]

Arlington Denies Request for 911 Recording — “Arlington County has denied a request from the family of Bijan Ghaisar to release the 911 call made after a hit-and-run crash he was involved in, before a police chase ended with U.S. Park Police fatally shooting him.” [Covering the Corridor, WTOP]

ARLnow on Kojo — ARLnow founder Scott Brodbeck will discussing the state of local news on the Kojo Nnamdi Show today. The show airs at noon on WAMU 88.5 FM. [Kojo Nnamdi Show]

A-SPAN Celebrates Quarter Century — The Arlington Street People’s Assistance Network, which started as a grassroots effort to address local homelessness, recently marked its 25th anniversary with a fundraiser and celebration in Rosslyn. [InsideNova]

Email List Hits 10K — ARLnow’s email newsletter mailing list crossed the 10,000 mark on Monday. Thank you to all of our subscribers, who are receiving our headlines free of social media filters. (ARLnow’s Twitter account reached 40,000 followers in December and our newly-verified Facebook account is on the verge of 24,000.)

Flickr pool photo by Kevin Wolf

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Morning Notes

ARLnow’s Eighth Birthday — Today is the eighth anniversary of the founding of ARLnow.com. Here is our first post ever.

Sexual Harassment FOIA Folo — In a follow-up to our FOIA request seeking any records of sexual harassment or assault allegations against senior Arlington officials since 2000 — no such records were found — we asked about any such cases, against any county employee, that were handled by the County Attorney’s office over the past decade. The response from the county’s FOIA officer: “There are no records responsive to your request because no such cases exist.” The last publicly reported case was that against an Arlington police officer in 2007.

Vihstadt Launches Re-election Bid — Arlington County Board member John Vihstadt made it official last night: he is running for re-election. Vihstadt, who is running as an independent, has picked up at least one Democratic challenger so far. However, he again has the backing of a number of prominent Democrats, including fellow Board member Libby Garvey, Commonwealth’s Attorney Theo Stamos and Treasurer Carla de la Pava. [InsideNova]

County Accepts Millions in Grant Funds — “The Arlington County Board today accepted $17.85 million in grant funding from three transportation entities that will be used for transit, bridge renovation and transportation capital projects in the County.” Among the projects is a new west entrance for the Ballston Metro station. [Arlington County]

County Board Accepts Immigration Donation — “The Arlington County Board today accepted a resident’s anonymous donation for a Citizenship Scholarship to help Arlingtonians pay the $725 federal application fee charged to those seeking to become U.S. citizens.” [Arlington County]

Man Convicted of 7-Eleven Robberies — A man arrested last year for a string of robberies has been convicted by a federal jury of three armed robberies and an armed carjacking. Among the crimes were two armed robberies of 7-Eleven stores in Arlington. [Alexandria News]

Arlington Lauded for Solar Program — The U.S. Department of Energy has named Arlington County a “SolSmart” community “for making it faster, easier and more affordable for Arlington homes and businesses to go solar.” [Twitter, Arlington County]

Flickr photo by John Sonderman

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Arlington County’s Dept. of Human Resources has no record of any allegations of workplace sexual harassment or sexual assault against senior county officials over the past 18 years.

That’s the response ARLnow.com received to a Freedom of Information Act request, filed in the wake of a wave of sexual misconduct allegations in Hollywood, politics and the news business.

The recent #MeToo awakening started with explosive allegations against Hollywood producer Harvey Weinstein and has since spread, with dozens of prominent men from Kevin Spacey to Matt Lauer to Rep. John Conyers Jr. facing accusations that have led to firings and resignations.

One common thread: often the men accused of serious wrongdoing — from rape to harassment — were in positions of authority, which they used against their victims.

ARLnow wanted to see if anyone in a position of high authority within Arlington County government has been accused of sexual harassment or assault since 2000. At first we asked a county spokeswoman, who then directed us to file a Freedom of Information Act request.

Here’s the response we received to our FOIA filing:

This letter is in response to your Virginia Freedom of Information Act request for details of any allegations, known to Arlington County’s Human Resources Department, of sexual assault or sexual harassment against Arlington County elected officials or senior staff members (director level or above) since 2000.

Please note, pursuant to Virginia Code Section 2.2-3704(B)(3) the requested records could not be found or do not exist.

Thank you for contacting this office.

Sincerely,

Ina Chandler
Arlington County FOIA Officer

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County Board member Libby GarveyArlington County Board Chair Libby Garvey recently started a discussion about whether Board members should be better paid.

County Board members make just over $50,000 a year for what is considered part-time work. But in reality, Garvey says, Board members spend full-time hours studying and discussing the issues, attending community events and taking meetings, in addition to the long hours spent conducting County Board meetings and work sessions multiple times per month.

With Arlington’s high cost of living, a $50,000 a year salary may give otherwise qualified County Board candidates a strong economic disincentive to run.

(It should be noted that the earliest the County Board could enact a pay raise for themselves is 2020.)

On the other hand, some argue that there have been no shortage of candidates running for County Board and that the office does not necessarily have to be a full-time endeavor.

So what are County Board members spending their time on? A daily schedule for County Board members, obtained by an Arlington resident under the Freedom of Information Act and provided to ARLnow.com, provides a glimpse of Board members’ working schedules during the last three months of 2015.

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Morning Notes

View of 23rd Street in Crystal City, from the top of an office building

Groundbreaking for Hotel Project — Developer B.F. Saul broke ground yesterday on a new hotel project. A 10-story Homewood Suites hotel will be replacing the former Colony House Furniture store at 1700 Lee Highway near Rosslyn. Demolition of the store is now proceeding, five years after it closed its doors. [Washington Business Journal]

Kojo Controversy Defused — Arlington County Board candidate Erik Gutshall wasn’t happy with the choice of political operative Ben Tribbett as a call-in guest for a Kojo Nnamdi Show segment on the County Board race — and the candidate made his feelings known via Twitter. Tribbett had done some paid polling work for incumbent Libby Garvey earlier this year, Gutshall pointed out. In the end, Gutshall himself joined the segment as a call-in guest, along with Tribbett and ARLnow.com editor Scott Brodbeck. [Storify]

Arlington Posting FOIA Responses Online — Arlington County is now releasing its responses to Freedom of Information Act requests online, for all to see. The first posted response is documents and emails related to NOVA Armory. Said County Manager Mark Schwartz: “My overarching goal is to increase government transparency. This is one simple way that we can share information that we have already collected… which already has some interest from the community.” [Arlington County]

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