In an era where transparency in government is not just desired but legally required and publicly demanded, a troubling trend is emerging among elected officials: the use of encrypted messaging apps, particularly Signal, to conduct town business. While these apps promise privacy and security, their use raises significant ethical and legal questions, particularly concerning the Freedom of Information Act (FOIA) and the public’s right to know.
Signal has gained popularity due to its robust encryption features, allowing users to send messages, photos, and even make calls without leaving a trace. For many, this level of privacy is appealing; however, for elected officials, it can represent a troubling departure from accountability. The app’s encryption means that messages are stored on the phone and not stored on servers and cannot be accessed through traditional means of record-keeping. Consequently, any discussions or decisions made on this platform could be entirely hidden from public scrutiny.
FOIA was designed to promote transparency and accountability in government by ensuring that the public has access to the records of government agencies. This includes communications between officials about town business. When officials use Signal to discuss matters that affect their constituents, they are effectively sidestepping the very regulations that ensure public transparency. By communicating through an encrypted app, elected officials can avoid creating a paper trail, making it nearly impossible for citizens to access vital information about decision-making processes and policy discussions.
The ramifications of this covert communication method are profound. When elected officials operate outside the bounds of FOIA, they undermine public trust and erode the democratic principles that govern our society. Citizens have a right to know how their representatives are making decisions that impact their lives. The use of applications like Signal raises concerns about favoritism, corruption, and the overall integrity of local governance.
Moreover, without a clear record of discussions, accountability wanes. If a decision leads to negative outcomes, how can the public hold their officials accountable if there’s no documentation of the conversations that led to those choices? This can lead to a sense of helplessness among constituents, who may feel their voices are not being heard or considered.
Former Town Mayor, Stan Milan, shared the following statement about his experience in using the Signal app, “As a former participant influenced by Kwasi Fraser [Former Town Mayor and Interim Town Manager] and Valerie Cury, [Publisher and Editor of the Blue Ridge Leader and Loudoun Today], I can attest that the Signal app was used consistently, as well as during regularly scheduled meetings at her [Valerie Cury] home in Lincoln, to conduct campaign strategies and tactics to attack the opposition. Signal was introduced to the Mayoral team in 2022 by Bertaut [Current Town Mayor] and was our main means of communicating amongst ourselves. After taking office as Mayor in 2023, I didn’t feel comfortable continuing to use Signal and I spoke up about this. Thus, becoming a whistleblower. I stated they were conducting private meetings and advocating how bad that was, when we were doing the same things we said we were against. Then the subtle smear campaign against me began. I was not a team player any longer.“
As this practice becomes more widespread, it is imperative for state and local governments to reevaluate their policies regarding communication and transparency. Legislative measures should be introduced to address the use of encrypted messaging apps by public officials.
Furthermore, educational initiatives should be implemented to inform elected officials about their obligations under FOIA and the importance of maintaining transparency. By fostering a culture of transparency, governments can help rebuild trust with their constituents, ensuring that accountability remains at the forefront of public service.
The use of Signal and similar applications by elected officials may seem like a modern solution for secure communication, but it poses a significant threat to the principles of transparency and accountability that are foundational to democratic governance. As citizens, it is crucial to advocate for open communication practices and demand that our elected officials conduct town business in a manner that is accessible and accountable to the public.
Purcellville News contacted the Mayor, Vice Mayor, Interim Town Manager, Town Council Members of Purcellville and Valerie Cury (publisher and editor of The Blue Ridge Leader) for their comments. Town Council Members Erin Rayner and Kevin Wright responded that they do not have nor have they ever used the Signal app for messaging. Council Member Erin Rayner also remarked, “Furthermore, using such an app to conduct town business is illegal and violates FOIA regulations.” Town Council Member Caleb Stought stated, “I do have a Signal app account. I have used it in the past primarily for secure communications with colleagues while I was in the military. However, I have never used Signal to discuss or conduct town business.” The Interim Town Manager Kwasi Fraser responded with the following statement: “Thank you for your email. However, your request raises significant privacy and a range of cybersecurity concerns regarding the public disclosure to you or others of software applications installed on the personal devices of Town Council members and management. It’s unclear whether you are referring exclusively to Town-issued devices or to all devices. In light of these serious privacy and cybersecurity concerns, I recommend you clarify the scope of your request. Furthermore, please be advised that any formal inquiry of this nature should be submitted through our established FOIA process. I have copied our Town Clerk to this email should you require assistance with submitting a FOIA request.”
At the time of publishing, Purcellville News had not received responses from Mayor Christopher Bertaut, Vice Mayor Carl “Ben” Nett , Town Council Member Susan Khalil, Town Council Member Carol Luke and Valerie Cury.
Purcellville News will submit a formal FOIA inquiry today through the town’s process, as requested by Interim Town Manager Fraser seeking answers to the following questions: Do you have a Signal app account on your personal phone? Do you have a Signal app on your town phone? Have you ever utilized the Signal app for communications with anyone regarding town-related business on your town phone? Have you ever utilized the Signal app for communications with anyone regarding town-related business on your personal phone? If you have utilized the Signal app on either phone for discussions related to town business, are the records of such discussions still preserved, or have they disappeared or been deleted?
For more information about Virginia FOIA “Freedom of Information Act”, visit their official website at :https://law.lis.virginia.gov/vacodepopularnames/virginia-freedom-of-information-act/
