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VIRGINIA
FREEDOM OF INFORMATION
ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA
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September 23, 2004, Richmond
The HB
1357 Subcommittee, comprised of FOIA Council members Senator
Houck, Delegate Griffith, Messrs. Bryan, Edwards, and Axselle,1
met to discuss the actions of the subcommittee of the Joint
Rules Committee reviewing the provisions of HB 1357. The Joint
Rules subcommittee had met immediately preceding the Council
subcommittee. Delegate Griffith reported that the Joint Rules
subcommittee had labored long and hard to develop rules to
recommend to the full Joint Rules Committee concerning public
access to meetings of the General Assembly, other than floor
sessions, committee or subcommittee meetings and conference
committee meetings or subcommittees of such entities, which
by the provisions of HB 1357 are open to the public. Delegate
Griffith stated that the Joint Rules subcommittee, after considerable
deliberation and receiving comment from the public, had determined
that no rules were required as HB 1357 had adequately addressed
the issue of public access to meetings of the General Assembly.
Delegate Griffith indicated that he would be making that recommendation
to the Joint Rules Committee and stated that he believe the
Joint Rules Committee would accept the recommendation of its
subcommittee. Delegate Griffith was commended for the candid,
open and inclusive manner used by the Joint Rules subcommittee
as it deliberated on the provisions of HB 1357.
Mr.
Edwards stated that he believed that HB 1357 was a mistake
and that the FOIA Council should so state. He added that the
good faith work to date would not necessarily preclude future
rules from doing the wrong thing. Representatives of the Virginia
Press Association, while commending Delegate Griffith for
the candid discussion of the Joint Rules subcommittee, noted
that the FOIA Council should take the stand that HB 1357 took
the process into the internal workings of the General Assembly
and moved away from public access. The Virginia Coalition
for Open Government echoed the sentiments of the Virginia
Press Association.
Senator
Houck commented that the deliberations of the Joint Rules
subcommittee should be a comfort to everyone in that bright
minds had endeavored to craft a rule, but found it was impractical
to decide such a rule without undermining the policy of the
Freedom of Information Act (FOIA). Senator Houck, with the
consensus of the Council subcommittee, recommended that the
HB 1357 Subcommittee of the Council be established as a permanent
subcommittee to monitor and react to future attempts by the
Joint Rules Committee should it decide to establish access
rules to other meetings of the General Assembly. Additionally,
the Council subcommittee recommended that the Council commit
to do more work in educating members of the General Assembly
about FOIA, including the preparation of training and reference
materials not just for new members of the General Assembly,
but as an ongoing training effort for all members of the General
Assembly. The final recommendation was offered by Delegate
Griffith and related to committees of conference. He stated
that he was aware that one goal of HB 1357 was to gain access
to budget conferences; however, he stated that the provisions
of the bill should not be interpreted to require face-to-face
meetings of all committees of conference when in practice
no real meetings occur with the vast majority of committees
of conference. He noted that scope of discussion in committees
of conference is limited to the matter in controversy--not
every provision in a bill. These recommendations will be made
to the full FOIA Council at its next meeting on December 2,
2004.
1All
HB 1357 Subcommittee members were present.
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