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VIRGINIA
FREEDOM OF INFORMATION
ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA
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2021
Subcommittees
The
2021 Session1 of the General Assembly referred three bills
to the FOIA Council for
study during the interim. At its meeting on April 28, 2021,
the FOIA Council established
two subcommittees to study these bills and other issues as
described below.
1. Meetings
Issues Subcommittee
The Subcommittee
consists of Council members Seltzer (chair), Bujakowski, Coleburn,
Conrad, James, and Del. Wampler. The Subcommittee will study
House
Bill 1997 (Murphy, 2021), summarized as follows:
Virginia
Freedom of Information Act; definition of "meeting."
Increases from three to four the number of members of a
public body meeting as an informal assemblage that constitutes
a meeting under the Virginia Freedom of Information Act.
The Subcommittee
will also study other issues related to electronic meetings
as needed, including the issue of whether a public body must
use a ".gov" website as its "official public
government website" for meeting notices.
Bill
draft from Elizabeth Bennett-Parker, Vice Mayor of the City
of Alexandria
Arlington
Advisory Group Letter
Meetings
Scheduled:
Wednesday,
May 26, 2021, at 1:00 p.m., Virtual Meeting
Agenda
Summary
Signed Final Order
in Gent v. Adams
VPA Comments
Joshua Heslinga
Remarks
Michael
Molloy Remarks
Ann
Harbour Remarks
Meeting Video (.mp4)
Thursday,
June 24, 2021, at 1:00 p.m., Virtual Meeting
Agenda
Summary
Bill Draft
Legislative History
of Electronic Meetings in Virginia
Letter
from 353 members of public
VCOG Remarks
AAUW-VA Remarks
GOVA Region 6 Remarks
VPA Remarks
Chuck Anderson
Remarks
Jere Gibber
Remarks
Alyia Gaskins
Remarks
Norma Kacen
Remarks
Julie Waters
Remarks
Harriet
Hirsch Remarks
Jane Materna
Remarks
Kathryn
Chiasson Remarks
Joseph Swartz
Remarks
Marj Signer
Remarks
Terry Danaher
Remarks
Micky Ogburn
Remarks
Meeting Video (.mp4)
Thursday,
August 26, 2021, at 1:00 p.m., Virtual Meeting CANCELLED
Agenda
Lucy Beadnell
Remarks
Tuesday,
October 5, 2021, at 11:00 a.m., Senate Subcommittee Room 2,
Pocahontas Bldg, Richmond, VA
Agenda
Summary
Concept draft from VCOG, VPA, VML,
VACo and Elizabeth Bennett Parker (NOTE: There is a typo on
lines 49-50. It should read "D. Any public body and the
entities it creates may hold all-virtual public meetings,
provided that the public body follows the other requirements
in this chapter for meetings, the public body has adopted
a policy as described in subsection E, and:")
NVAN Remarks
Renee Schneider Remarks
Eric Lin Remarks
Nisha Patel/Chuck Anderson
Remarks
Beth Moore Remarks
Andrea Hasenfus Remarks
Southside Planning District
Commission Remarks
Kim Callis Remarks
Eileen Davis Remarks
Katrina Bailey Remarks
Joe Chandler Remarks
Meeting Video (.mp4)
2. Records
Issues Subcommittee
The Subcommittee
consists of Council members Conrad (chair), O'Berry, Potter,
Rodriguez-Perkins, Seltzer, Treadway, and Wade. The Subcommittee will study House
Bill 2000 (Roem, 2021) and House
Bill 2196 (Mullin, 2021). The bills are summarized as
follows:
- HB
2000 - Virginia Freedom of Information Act; charges for
production of public records. Prohibits a public
body from charging a requester for any costs incurred during
the first two hours spent accessing or searching for requested
records when such requester has made four or fewer individual
records requests to such public body within 31 consecutive
days. The bill provides that for any additional time spent
accessing or searching for such records, or when such requester
makes five or more individual records requests to such public
body within any 31-consecutive-day period, the public body
shall not charge an hourly rate for accessing or searching
for the records exceeding the lesser of the hourly rate
of pay of the lowest-paid individual capable of fulfilling
the request or $33 per hour. The bill also requires public
bodies to post on their website or otherwise publish a written
policy (i) explaining how the public body assesses charges
for accessing or searching for requested records and (ii)
noting the current fee charged, if any, by the public body
for accessing and searching for the requested records.
- HB
2196 - Virginia Freedom of Information Act; required release
of law-enforcement disciplinary records; exceptions.
Requires the release of law-enforcement disciplinary records
related to completed disciplinary investigations. The bill
defines "law-enforcement disciplinary records"
as any record created in furtherance of a law-enforcement
disciplinary proceeding or any other administrative or judicial
proceeding, whether such proceeding takes place in the Commonwealth
or in another jurisdiction. The bill allows for the redaction
of certain personal contact information of the law-enforcement
officer, complainant, and witness or their families; social
security numbers; and certain medical information of the
law-enforcement officer and complainant.
Meetings
Scheduled:
Tuesday,
May 18, 2021, 12:00 p.m., Virtual Meeting
Agenda
Summary
VCOG Fees White
Paper
Fairfax
County FOIA FY 2020 Annual Report
Fairfax
County FOIA FY 2019 Annual Report
Fairfax
County Countywide FOIA Policy
Public
Access to Police Disciplinary Files
VPA Comments
Peter Lubeck
Remarks
Gregory Will
Remarks
Michael
Jones Remarks
Andy Ellington
Remarks
Cullen
Seltzer Remarks
Martin Crim
Remarks
Meeting Video (.mp4)
Monday,
June 14, 2021, 1:00 p.m., Virtual Meeting
Agenda
Summary
Presentation:
Fee Provisions from Other States
Virginia
Innocence Coalition Testimony
Tom
Synan/Tom Thompson Remarks
Town Damascus
Remarks
Doug Goodman
Remarks
Kamran Afzal
Remarks
Thomas Clark
Remarks
William
Jacoby Remarks
Robert Zullo
Remarks
Angela Turpin
Remarks
Meeting Video (.mp4)
Thursday,
September 2, 2021, 1:00 p.m., Senate Room A, Pocahontas Bldg,
Richmond, VA
Agenda
Summary
Video
HB
2196 Amended Bill
Police
Disciplinary Record Laws
Uniformed
Fire Officers Ass'n v. De Blasio
National
Landscape Cheat Sheet Public Access to Police Disciplinary
Records
VA
State Police Complaint Process
VA
Innocence Coalition Testimony
VPA
Memo
VCOG
Remarks (1)
VCOG Remarks (2)
RTAP Remarks
Rachel Moran Remarks
Ryan Zuidema
Remarks
Peter Newsham
Remarks
Mary McGovern
Remarks
Laura Emery
Remarks
Max Blalock
Remarks
Vineeta
Singh Remarks
Amy Quark Remarks
Dave Koenig Remarks
Virginia Wertman Remarks
Jessica Sapalio Remarks
Sara Meldrum Remarks
David Benedict Remarks
Bernardo Nunez Remarks
Terry Cavanaugh Remarks
Jennie Little Remarks
Pat Evers Remarks
Joseph Carter Remarks
Marcia Berman Remarks
John Whitley Remarks
Melanie Williams Remarks
Patricia Pacifico Remarks
KJ Geise-Koch Remarks
Lindsay Usher Remarks
Marina Pantner Remarks
Alyssa Brocker Remarks
Ortizee Remarks
Eva Ortiz Remarks
Lola Warren Remarks
Scott Varney Remarks
Carolyn Greathouse
Remarks
Stephanie Minor Remarks
Rachel Moran Remarks
Gary Settle Remarks
1Including both
the 2021 Regular Session and 2021 Special Session I of the
General Assembly. |