Sunrise over V.A. Capitol.
VIRGINIA FREEDOM OF INFORMATION ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA

2006 Subcommittees

At its June 12, 2006 meeting the FOIA Council appointed three subcommittees to study current FOIA issues and legislation as detailed below.

1. PPEA/PPTA Subcommittee

The PPEA Subcommittee was initially formed in 2005 to study issues raised by HB 2672 (Delegate Plum), which would have amended an existing meeting exemption to allow for closed meetings to discuss records exempt from public disclosure relating to the Public-Private Education Facilities and Infrastructure Act (PPEA). In the 2006 Regular Session, the General Assembly passed SB 76 (Senator Houck), a recommendation of the FOIA Council, as a result of the work of the PPEA Subcommittee in 2005. The General Assembly also passed SB 5011 (Senator Houck) during the 2006 Special Session, which addressed certain other issues under the PPEA and the Public-Private Transportation Act of 1995 (PPTA). The provisions of SB 5011 will expire on July 1, 2007. The PPEA/PPTA Subcommittee has been continued to examine the issues raised by SB 5011 and consists of Council members Axselle (Chair), Edwards, Wiley, and Houck.

Meetings Scheduled:
Wednesday, August 9, 2006 - 1:00 p.m.
General Assembly Building, 2nd Floor

Meeting Summary
VDOT draft (prepared for review at the August 23 meeting)
Virginia Press Association draft (prepared for review at the August 23 meeting)

Wednesday, August 23, 2006 - 10:00 a.m.
General Assembly Building, Senate Room A
Meeting Summary
Subcommittee Draft

2. Electronic Meetings Subcommittee

The Electronic Meetings Subcommittee was initially formed in 2005 to study issues raised by HB 2760 (Delegate Reese), which would have allowed local public bodies to conduct meetings under FOIA through electronic communication means (telephone or audio/visual). Currently, only state public bodies may conduct meetings in this manner. SB 465 (Senator Edwards), introduced during the 2006 Regular Session, would have clarified that political subdivisions of the Commonwealth, except any unit of local government, are authorized to conduct electronic communication meetings. SB 465 was referred by the General Assembly to the FOIA Council for study. The Electronic Meetings Subcommittee has been continued to examine these issues and consists of Council members Edwards (Chair), Fifer, Miller, Wiley, Bryan, Yancey Spencer, and Houck, and Alan Wurtzel,1 Chairman of the State Council of Higher Education for Virginia (SCHEV).

Meetings Scheduled:
Wednesday, August 9, 2006 - 10:00 a.m.
General Assembly Building, 2nd Floor
Meeting Summary

Draft (prepared for review at the August 23 meeting)

Wednesday, August 23, 2006 - 2:00 P.M.
General Assembly Building, Senate Room A
Meeting Summary
Revised Draft

Wednesday, October 11, 2006 - 10:00 A.M.
General Assembly Building, Speaker's Conference Room, 6th floor
Meeting Summary

Wednesday, November 8, 2006 - 2:00 P.M.
General Assembly Building, Speaker's Conference Room, 6th floor
Meeting Summary
Draft (to be discussed)

Friday, December 15, 2006 - 10:00 a.m.
General Assembly Building, Speaker's Conference Room, 6th floor
Draft (to be discussed)

Meeting Summary

3. "Fifth Response" Subcommittee

During 2005, the FOIA Council considered whether to add a "fifth response" within FOIA to address situations where a public body receives a records request for records that do not exist or cannot be found. FOIA currently does not specify what response a public body is to provide in such a situation. The Council appointed a subcommittee consisting of Council members Fifer (Chair), Bryan, Griffith, and Malveaux to examine these issues.

Meetings Scheduled:
Thursday, July 27, 2006 - 1:00 p.m.
General Assembly Building, 2nd Floor
Meeting Summary
Draft

Wednesday, November 8, 2006 - 1:00 p.m.
General Assembly Building, Speaker's Conference Room, 6th floor
Meeting Summary

4. VRS Workgroup

VRS Workgroup -- The VRS Workgroup was formed at the October 11, 2006 meeting of the FOIA Council in response to a presentation from the Virginia Retirement System. Bob Schultze, Director, and Charles Grant, Chief Investment Officer, made a presentation to the Council regarding the need for a FOIA exemption that will allow the delayed release of certain sensitive investment information and the ability to protect confidential information provided by external entities doing business with VRS. Mr. Schultze and Mr. Grant indicated that without such an exemption, certain private investment managers would not work with VRS for fear that their private records might be disclosed under FOIA. Additionally, certain factual situations could create conflict between VRS' fiduciary duties in managing investments and its duties as a public body under FOIA to respond to records requests. Council members expressed concern over the definitions to be used and the scope of the exemption, and how it would differ from the existing exemption for VRS records found at subdivision 12 of § 2.2-3705.7. The workgroup consists of Council members Courtney Malveaux and Mary Yancey Spencer.

Meetings Scheduled:
Wednesday, November 29, 2006 - 12:00 p.m.
Virginia Retirement System Investment Board, 3rd Floor
1111 East Main Street, Richmond, VA 23219
Draft - This is a proposed draft of an exemption requested by the Virginia Retirement System (VRS). The VRS Workgroup (Council Members Courtney Malveaux and Mary Yancey Spencer) met on November 29, 2006, with VRS personnel and other interested persons to discuss the exemption request presented by VRS at the October 11, 2006, meeting of the Virginia Freedom of Information Advisory Council (FOIA Council). Consensus was reached that the exemption, if approved, should be placed within the Virginia Freedom of Information Act (FOIA) rather than in another law, that it should be specific to VRS, and that it should also have a corresponding meetings exemption. The VRS Workgroup has not made any policy recommendations or endorsements. The attached draft has not been approved, endorsed, or recommended by the FOIA Council, but is being presented as a vehicle to facilitate further discussion and comment. The draft will be presented for discussion at the next full FOIA Council meeting on December 15, 2006.

 

1 Mr. Wurtzel resigned his membership on the subcommittee on August 31, 2006.

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