VIRGINIA FREEDOM OF INFORMATION ADVISORY COUNCIL COMMONWEALTH OF VIRGINIA

2016 Subcommittees

For 2014, the FOIA Council appointed two subcommittees to study FOIA legislation and begin the study of FOIA directed by House Joint Resolution No. 96 (2014), as detailed in items numbered 1 and 2 below. Those Subcommittees continued their work in 2015 and are expected to complete the study in 2016.

1. Records Subcommittee

The Records Subcommittee in 2014 studied §§ 2.2-3705.1 (exemptions of general application), 2.2-3705.7 (records of specific public bodies and certain other limited exemptions) and 2.2-3705.8 (limitation on record exclusions). The Subcommittee in 2015 studied §§ 2.2-3705.2 (public safety) and 2.2-3705.3 (administrative investigations). Also in 2015, the Subcommittee began to study § 2.2-3705.6 (proprietary records and trade secrets), then asked staff and interested parties to meet as a Proprietary Records Work Group to address the topic. For 2016 the Subcommittee will continue its work by completing its study of FOIA exemptions as directed by HJR No. 96. The Subcommittee consists of Council members Ashby (Chair), Jones (Vice Chair), Hamlett, King-Casey, Porto and Vucci.

Meetings Scheduled:
Monday, April 11, 2016, 1:30 p.m., Speaker's Conference Room, 6th Floor, General Assembly Building
Agenda
Summary

Monday, May 9, 2016, 10:30 a.m., Speaker's Conference Room, 6th Floor, General Assembly Building
Agenda
Summary

Wednesday June 1, 2016, 10:30 a.m., Speaker's Conference Room, 6th Floor, General Assembly Building
Agenda
Summary
Draft re: Personnel records/letters of recommendation
Draft re: Virginia College Savings Plan/personal information
Draft re: Public safety consolidation draft
HB 817/SB 494 global changes re: "prohibit disclosure" --> "authorize withholding"

Thursday, June 23, 2016 at 1:30 p.m., House Room D, General Assembly Building
Agenda
Summary
Uniform Treatment of Private Trade Secrets Under the Virginia Freedom of Information Act from Virginia Press Association
Health and Social Services Exclusions Draft 17100067

Wednesday July 20, 2016 at 10:30 a.m., House Room C, General Assembly Building
Agenda
Summary

Thursday, August 18, 2016, 10:00 a.m., House Room C, General Assembly Building
Agenda
Summary
Agency Comments Re: Proprietary Records and Trade Secrets Exemptions:
     Department of Aviation
     Virginia Marine Resources Commission
     Virginia Resources Authority
     Virginia Health Information, Inc.
     Virginia Commercial Space Flight Authority
     Virginia Department of Transportation
     Office of the State Inspector General
     Commonwealth Health Research Board
Agency Comments re: Global Language Change in HB 817 (2016):
     Department of Health
     Department of Conservation and Recreation
     Department of Social Services
     City of Hampton School Board

Thursday, September 8, 2016, 10:00 a.m., House Room C, General Assembly Building
Agenda
Summary
Definition of "Custodian"

Thursday, September 29, 2016, 10:00 a.m., House Room D, General Assembly Building
Agenda
Summary
Revised Section Removing APA, JLARC, AND OSIG
HB 817/SB 494 global changes re: "prohibit disclosure" --> "authorize withholding"
Draft re: Personnel records/letters of recommendation
Excerpts from Connecticut Law on Records of Criminal Investigations

Personnel Records Work Group

Meetings Scheduled:
Thursday, July 14, 2016, 10:00 a.m., House Redistricting Room, 2nd Floor, General Assembly Building
Agenda
Preliminary draft by work group

Thursday, August 4, 2016, 10:00 a.m., House Redistricting Room, 2nd Floor, General Assembly Building
Agenda

Wednesday, September 7, 2016, 1:30 p.m., House Room C, General Assembly Building
Agenda
DHRM Draft Suggestions
VPA Draft

Proprietary Records Work Group

As stated above, the Records Subcommittee in 2015 asked staff and interested parties to meet to study proprietary records and trade secrets exemptions in § 2.2-3705.6 and elsewhere in FOIA. The goal of the work group is to determine whether one or more general exemptions for such records might be created. The work group met four times in 2015 and continues its work in 2016. All interested parties are welcome to participate.

Meetings Scheduled:
Thursday, March 24, 2016, 10:00 a.m., Speaker's Conference Room, 6th Floor, General Assembly Building
DMME Comments
VA Department of Aviation Comments
VA Commercial Space Flight Authority Comments
VA Port Authority Comments
Office of the State Inspector General Comments
VA Department of Medical Assistance Services Comments
VA Resources Authority Comments
VA Department of Agriculture and Consumer Services Comments
UVA Office of State Governmental Relations Comments
Department of Rail and Public Transportation Comments

2. Meetings Subcommittee

The Meetings Subcommittee began its study of all meetings exemptions as directed by HJR No. 96 during the 2014 interim, and completed its initial review in 2015. After studying the exemptions, the Subcommittee moved on to consider procedural and other meetings issues, which it will continue in 2016. The Subcommittee consists of Council members Dooley (Chair), King-Casey, Landon, Porto, and Selph.

Meetings Scheduled:
Monday, April 11, 2016, 10:00 a.m., Speaker's Conference Room, 6th Floor, General Assembly Building
Agenda
Summary

Wednesday, May 4, 2016, 1:30 p.m., Speaker's Conference Room, 6th Floor, General Assembly Building
Agenda
Draft of 2.2-3707, Notice of Meetings; Access to Agendas
Revised context draft
Summary

Monday June 6, 2016 at 1:00 p.m., Speaker's Conference Room, 6th Floor, General Assembly Building
Agenda
Summary
Posting of minutes draft
Meeting notice; access to agendas draft
Revised context draft

Monday July 18, 2016 at 10:30 a.m., House Room C, General Assembly Building
Agenda
Summary

Thursday August 11, 2016 at 1:30 p.m., House Room C, General Assembly Building
Agenda
Summary

Monday, September 19, 2016 at 10 a.m., in House Room C, General Assembly Building
Agenda
Summary

Monday, October 17, 2016 at 10 a.m., in House Room D, General Assembly Building
Agenda
Summary