VIRGINIA FREEDOM OF INFORMATION ADVISORY COUNCIL COMMONWEALTH OF VIRGINIA

1. Call to Order and introduction of members.

2. Consideration of bills referred by General Assembly to the Council for study; appointment of subcommittees.

BILL NUMBER: House Bill 1649
PATRON: Marshall, R.G.
SUMMARY: Freedom of Information Act; charges. Provides that if a requester specifies in writing that he desires to be notified if the charges for his request exceed a specified amount, the public body shall suspend processing the request and notify the requester if the public body determines that the charges will exceed the specified amount. The period within which the public body shall respond under this section shall be tolled for the amount of time that elapses between the notice by the public body and the response of the requester.

BILL NUMBER: House Bill 1797
PATRON: Jones, D.C.
SUMMARY: Freedom of Information Act; closed meetings; disclosure of closed meeting discussions. Provides that a public body may, by agreement of a majority of its members, adopt a rule prohibiting and providing appropriate sanctions for the disclosure by any member of information discussed in a closed meeting of the public body lawfully convened in accordance with § 2.2-3711 and § 2.2-3712 until such time as the subject of the closed meeting is made public by the public body.

BILL NUMBER: House Bill 2626
PATRON: Spruill
SUMMARY: Freedom of Information Act (FOIA); requests by inmates. Removes the provision that denies access to records to persons incarcerated in any state, local or federal correctional facility. As a result, inmates will have a right of access to records under FOIA.

BILL NUMBER: House Bill 2664
PATRON: Jones, S.C.
SUMMARY: Freedom of Information Act; closed meeting procedures; notice. Provides that the notice provisions of the Freedom of Information Act shall not apply to closed meetings of any public body held solely for the purpose of taking testimony or the presentation of evidence concerning the disciplining of any student or employee of any state school system. Currently, notice is not required for closed meetings of any public body held solely for the purpose of interviewing candidates for the position of chief administrative officer.

BILL NUMBER: House Bill 2665
PATRON: Jones, S.C.
SUMMARY: Freedom of Information Act; closed meetings to discuss threats to public safety. Expands the closed meeting exemption for discussions relating to terrorist activity to include other types of threats to the public safety.

3. Email and the Freedom of Information Act; UsingTechnology and Complying with the Law.

• Presentation: Diane Horvath, Office of the Secretary of Technology.
• Presentation: FOIA Requirements and the Virginia Public Records Act. Maria J.K. Everett, Executive Director, FOIA Council.

4. Public comment.

5. Other business.

6. Of Note.

7. Set future meetings.

8. Adjournment.

Council Members

Staff

Maria J.K. Everett, Executive Director
Lisa Wallmeyer, Assistant Director

The joint subcommittee’s web site is: http://foiacouncil.dls.virginia.gov. To assist us in providing Internet dissemination of materials, joint subcommittee presenters are requested to submit written comments and handouts in electronic format by (i) email to staff prior to meetings or (ii) diskette furnished to staff at meetings. Presenters are also requested to bring 20 copies of their remarks or handouts to meetings. These copies will be provided to joint subcommittee members and the public.

E-mail: foiacouncil@dls.virginia.gov.