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VIRGINIA
FREEDOM OF INFORMATION
ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA
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2022
Subcommittees
The
2022 Session of the General Assembly referred one bill to
the FOIA Council for study during the interim (HB 980, Williams
Graves) and another bill (HB 444, Bennett Parker) was enacted
with a second enactment clause that directed the FOIA Council
to convene a work group to make recommendations on best practices
regarding electronic meetings.
1. HB 444
Workgroup
House
Bill 444 (Bennett Parker) was enacted with a delayed effective
date of September 1, 2022, and a second enactment clause that
directed the FOIA Council to convene a workgroup to make recommendations
on certain best practices regarding electronic meetings. The
bill is summarized as follows:
- Virginia
Freedom of Information Act; meetings conducted through electronic
communication means. Amends existing provisions
concerning electronic meetings by keeping the provisions
for electronic meetings held in response to declared states
of emergency, repealing the provisions that are specific
to regional and state public bodies, and allowing certain
public bodies to conduct all-virtual public meetings where
all of the members who participate do so remotely and that
the public may access through electronic communications
means. The bill excepts local governing bodies, local school
boards, planning commissions, architectural review boards,
zoning appeals boards, and any board with the authority
to deny, revoke, or suspend a professional or occupational
license from the provisions that allow public bodies to
conduct all-virtual public meetings. Definitions, procedural
requirements, and limitations for all-virtual public meetings
are set forth in the bill, along with technical amendments.
The bill has a delayed effective date of September 1, 2022.
The second
enactment clause directs the FOIA Council to convene a workgroup
as follows:
- 2.
That the Virginia Freedom of Information Advisory Council
shall convene a work group, no later than May 1, 2022, to
develop recommendations for best practices for public bodies
holding all-virtual public meetings, including but not limited
to how to take public comment virtually and the proper use
of video by public body members. Such recommendations must
be completed by August 1, 2022. The work group shall include
representatives of the Virginia Association of Counties,
the Virginia Municipal League, the Virginia Coalition for
Open Government, and the Virginia Press Association and
such other stakeholders the Council deem appropriate.
Meetings
Scheduled:
Friday,
May 6, 2022, at 1:00 p.m., Virtual Meeting
Agenda
Meeting Video (.mp4)
Tuesday,
May 24, 2022, at 9:00 a.m., Virtual Meeting
Agenda
Best Practices
Summary
Meeting Video (.mp4)
2. HB 980
Subcommittee
The Subcommittee
consists of Delegate Simon (Chair) and Council members Potter,
Rodriguez Perkins, Seltzer, and Wade. The Subcommittee will
study House Bill 980
(Williams Graves), summarized as follows:
- Virginia
Freedom of Information Act; exclusions to application of
chapter;
local administrative investigations; disclosure.
Adds email addresses as
information that, when furnished in confidence to the local
governing body, with
respect to complainants in local investigations are exempt
from disclosure under
the Virginia Freedom of Information Act. The bill expands
the applicability of the
exemption to zoning enforcement complaints for all such
complaints, not just
individual enforcement complaints. The bill also adds local
public health and
safety, nuisance, and waste and recycling complaints to
the list of complainants
whose personal information is exempt from disclosure.
Meetings
Scheduled:
Tuesday,
July 26, 2022, at 10:00 a.m., Subcommittee Room #2, Pocahontas
Building, Richmond, VA
Agenda
Summary
Redraft of HB 980
Meeting
Video (.mp4)
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