HD70 - The Freedom of Information Act and Public Access to Government Records and Meetings

  • Published: 1989
  • Author: General Assembly. Joint Subcommittee
  • Enabling Authority: House Joint Resolution 100 (Regular Session, 1988)

Executive Summary:
The Subcommittee established by House Joint Resolution No. 100 (1988) made considerable progress in a full examination of the Virginia Freedom of Information Act. Issues pertaining to the effectiveness, deficiencies and the enforcement of the Act were explored.

Assertions were made to the Subcommittee that the policy of the Act as stated in § 2.1-340.1 of the Code of Virginia has effectively been reversed by public officials in that exemptions to the Act are construed too broadly and public access construed too narrowly. During some of the deliberations of the Subcommittee, specific concerns of the Virginia Press Association were addressed by state and local government officials. This exchange of perceptions and ideas proved to be a valuable resource to the Subcommittee in formulating some of its recommendations.

The Subcommittee sponsored a legislative package which included one bill and two resolutions. The bill, House Bill No. 1229, contained amendments to nine of the twelve sections which currently comprise the Virginia Freedom of Information Act. The specific amendments are discussed in the "Recommendations" portion of this report and in Appendix ll.

House Joint Resolution No. 246 continued the study for one more year. Consideration of some concerns or proposals, such as the sufficiency of information released by law enforcement officials pertaining to investigations, justification of compelling rationales for all exemptions to the Freedom of Information Act and the possible consolidation of all exemptions and exclusions to public access of governmental meetings and records, was deferred.

House Joint Resolution No. 247 requested the Office of the Attorney General to conduct a series of educational seminars on the Virginia Freedom of Information Act and to consider the publication of a manual explaining the Act. The manual would contain responses to frequent inquiries regarding the Act, interpretations of various provisions of the law pertaining to public access, and case citations. The manual would be updated periodically as determined necessary by the Office of the Attorney General.