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VIRGINIA
FREEDOM OF INFORMATION
ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA
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January 7, 2002, Richmond
The Freedom of Information
Advisory Council (FOIA Council) held its eighth meeting on
January 7, 2002. The meeting focused on the recommendations
of the subcommittees on the terrorism and Connell v.
Kersey and a review of legislation to be recommended
by the FOIA Council to the 2002 Session of the General Assembly.
Terrorism Subcommittee
Roger Wiley, a member
of the FOIA Council, reported on the progress of the Terrorism
Subcommittee. The subcommittee consisted of Nolan T. Yelich,
John Edwards, and Roger Wiley. The subcommittee unanimously
agreed on draft language to expand the current record exemption
relating to terrorism. The exemption, available to any public
body, would protect plans that prevent or respond to terrorist
activity to the extent that they contain specific tactical
plans, security or emergency procedures, which, if disclosed,
would jeopardize the safety of governmental personnel or general
public security of any government facility, building or structure,
information storage system. The subcommittee also recommended
that the current terrorism exemption from the open meeting
requirement be expanded to will allow any public body to convene
a closed meeting for the discussion of plans to protect public
safety as it relates to terrorist activity and includes briefings
by staff members or legal counsel concerning actions taken
to respond to such activity or a related threat to public
safety. The FOIA Council voted to adopt the recommendations
of the terrorism subcommittee.
Connell v. Kersey
Frank Ferguson,
a member of the FOIA Council, reported on the progress in
the Connell v. Kersey subcommittee. The subcommittee
consisted of Mr. Ferguson, Mr. Wiley, and Dick Trodden, Arlington
County's attorney for the Commonwealth. Mr. Trodden recommended
a parallel exemption to the Parole Board for the attorneys
for the Commonwealth. Mr. Ferguson and Mr. Wiley recommended
legislation that would provide a broad exemption for the attorneys
for the Commonwealth but clearly indicates that constitutional
officers are subject to FOIA.
Critical Infrastructure
Information Act
Senator Bolling,
chairman of the Critical Infrastructure Advisory Committee
of the Joint Commission on Technology and Science (JCOTS),
presented legislation under consideration by JCOTS regarding
the identification of critical infrastructure in Virginia.
The legislation's purpose is to protect the records that are
created to identify the risks of terrorism in critical infrastructure,
which is patterned after the federal model. Virginia would
be the first state to undertake this task and is expected
to engage private business to help. It is expected that the
private sector will be apprehensive if the information would
be subject to disclosure under FOIA. JCOTS has not taken a
position on this issue and Senator Bolling is uncertain whether
he will introduce the legislation. The Council offered its
assistance to determine what FOIA already exempts from mandatory
disclosure.
Sunset Provision
The Council reviewed
the draft legislation for the removal of the sunset provision,
which legislation would continue the existence of the Council
as a permanent legislative agency. It was noted that the FOIA
Council's proposed budget for the 2002–2004 biennium has been
included in the Governor's Budget.
Other Business
The Council heard
from the Chief Investment Officer of the Virginia Retirement
System (VRS) regarding legislation that is being drafted to
amend the VRS FOIA exemption with respect to closed meetings
for discussions of investment transactions.
Martika A. Parson,
a member of the FOIA Council, resigned from the Council to
accept additional duties at the Office of the Attorney General.
The Honorable Clifton
A. "Chip" Woodrum, Chairman
Maria J.K. Everett, Executive Director
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