Bishop Hill Marshall rethinks
Jan 22, 2011 Climate: Mann FOI A few weeks ago I reported on a skirmish in the battle over the University of Virginia's struggle to withhold emails from the state attorney general, Ken Cuccinelli. A state congressman, Bob Marshall had proposed legislation that would allow for government employees to be fired for breach of FOI legislation.
Now, we hear, Marshall's bill has been rebuffed by a subcommittee of the legislature and he has been told to try again.
[T]he bill Marshall offered before the FOIA/procurement subcommittee of the House general laws committee contains language he didn’t intend. It allows a judge to terminate the employment of a public employee if they’ve been found guilty of violating FOIA. Marshall, who does not possess a law degree, offered a disclaimer. He’d simply asked for staff to create a bill that contained punishment for violating FOIA, he said.
“I just asked … to draw me up a statute where there was something punitive there,” Marshall said
Reader Comments (10)
Perhaps hanging might be an option, or even exile to the colonies for life (Australia).
Peter Walsh
P.S. don't get me wrong, I love Australia (except Broome which I was in once and it was sooo damn HOT)
I am surprised that there is an impression that government employees can not be fired for breach of FOI legislation. Surely ALL employees, public and private, operate under a contract which permits an employer to fire them under some circumstances. And breach of a law seems to me to be a reasonable circumstance.
There are issues of proportionality to take into account, of course, but I would be amazed if there were specific provisos that meant someone could NOT be sacked for breaking the law.
Mr Marshal may have produced a law which goes too far the other way, and insists that employees should be sacked for ANY breach of FOI law, no matter how minimal or unintended...?
The employer can sack an employee but a court can't, except by giving them a criminal record which then allows the employer to sack for say Bringing into Disrepute.
Is it still called Botany Bay?
Yes, Ferguson. And the only thing on the menu is Kangaroo Tail Soup.
Stone walling, stiff arming, name calling, etc., etc. Par for the sceptic.
Meaning the sceptic's burden, of course!
RETEHSLAW: "...even exile to the colonies for life (Australia)."
Please, we breed our own, these days.
Yes, heavens forbid we make people accountable for their actions!
As for the chap above who questioned whether people can't ready be sacked, well...how many people have been sacked at CRU fir their deliberate and purposeful obstruction of the law?
The fact that no one has tells us the laws in place aren't up to the job of ensuring that the foi law is followed to the letter.
Mailman
Think "public flogging"...