HD17 - Report of the Virginia Freedom of Information Advisory Council


Executive Summary:
Established by the 2000 Session of the General Assembly (*1), the Freedom of Information Advisory Council (the "Council") was created as an advisory council in the legislative branch to encourage and facilitate compliance with the Freedom of Information Act. As directed by statute, the Council is tasked with furnishing, upon request, advisory opinions regarding the Freedom of Information Act (FOIA) to any person or agency of state or local government; conducting training seminars and educational programs for the members and staff of public bodies and other interested persons on the requirements of FOIA; and publishing educational materials on the provisions of FOIA. (*2) The Council is also required to file an annual report on its activities and findings regarding FOIA, including recommendations for changes in the law, to the Governor and the General Assembly.

The Council is comprised of 12 members, including one member of the House of Delegates; one member of the Senate of Virginia; the Attorney General or his designee; the Librarian of Virginia; the director of the Division of Legislative Services; one representative of local government; two representatives of the news media; and four citizens. Delegate Clifton A. "Chip" Woodrum of Roanoke has served as the Council's chairman since creation of the Council in July 2000.

The Council provides guidance to those seeking assistance in the application of FOIA, but does not facilitate the actual receipt of documents. By issuing advisory opinions, the Council hopes to resolve disputes by clarifying what the law requires and to guide the future public access practices of state and local governments. Although the Council has no authority to mediate disputes, it can be called upon as a resource to help fashion creative solutions in an attempt to remedy a dispute. The Council is a resource for the public, representatives of state and local government, and members of the media. In fulfilling its statutory charge, the Council has been quick to gain recognition as a forum for the discussion and study of FOI and related public access issues. The Council continually attempts to keep abreast of trends, developments in judicial decisions, and emerging issues. In many instances, the Council is the focal point for addressing FOIA problems and attempting to correct situations that merit change based on public policy considerations.

In its second year of operation, the Council examined the impact of electronic communications as they relate to the open records and meetings requirements of FOIA. The Council also studied several bills from the 2001 Session of the General Assembly that did not advance during the legislative process but instead were referred to the Council for study. Three bills, HB 1597 (Landes), HB 2091 (Devolites), and HB 2700 (Larrabee), would have amended the record exemption provisions of FOIA. (*3) The Council also reviewed the latest Virginia Supreme Court decision relating to FOIA in the matter of Connell v. Kersey, decided June 8,2001. In that case, the Supreme Court held that attorneys for the Commonwealth are not "public bodies" as defined in FOIA. Prior to this decision, many had believed that attorneys for the Commonwealth were subject to the provisions of FOIA. To assist it in its deliberations on the bills referred to it by the 2001 Session of the General Assembly and on the effect of the Connell v. Kersey case, the Council formed workgroups of any and all interested parties to examine the implications of each issue and to make recommendations to the Council for resolution of these issues.
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(*1) Chapters 917 and 987 of the 2000 Acts of Assembly.
(*2) Chapter 21 (§ 30·178 et seq.) of Title 30 of the Code of Virginia.
(*3) HB 1597 amends the Freedom of Information Act to include a right of access to scientific data used as the basis of new laws; HB 2091 provides a record exemption for records, documents or other information, the disclosure of which would constitute an unwarranted invasion of personal privacy; and HB 2700 provides that the working papers exemption shall not be invoked by the mayor or chief executive officer of any political subdivision of the Commonwealth to prevent the sharing of documents or other records that are necessary to the informed deliberation of such local governing body.