Three subcommittees of the Virginia Freedom of Information Advisory Council met July 21 and July 22 to review draft legislation and hear testimony on topics which could directly impact all public bodies, including local governments. The subcommittees did not act on any proposals and will meet again in August to continue their discussions.
Meetings Subcommittee
The Meetings Subcommittee reviewed a draft bill from Sen. Bennett-Parker that would further specify the time and place for posting proposed meeting agendas. VACo suggested that posting requirements for agendas should mirror the existing requirements for posting meeting notices.
The subcommittee also discussed HB463 (Cohen), which would amend the definition of “meeting” to allow more than two members of a public body to gather without triggering open meeting requirements. Testimony from Fairfax County Public Schools focused on how the current definition places greater restrictions on larger public bodies than on smaller ones. HB463 would also ease quorum requirements when members are participating electronically by allowing virtual participants to be counted toward a quorum under certain circumstances. Subcommittee members noted that current law already permits more than two members to gather for information-sharing purposes, provided no public business is conducted. The discussion also explored alternative approaches to defining a meeting, including using a quorum, a percentage of members, or a fixed number of members as the threshold.
Records Subcommittee
The Records Subcommittee considered HB313 (Wachsmann), which raises the question of whether Virginia’s FOIA rights should extend to property owners who are not Virginia citizens. Members were provided with the example of a North Carolina resident who owns property in Virginia but is not currently eligible to submit a FOIA request related to that property. The proposed legislation, however, would not be limited to property records. The subcommittee suggested any change should be limited to owners of real property, and expressed concern as to how FOIA officers would verify whether a requester is a property owner.
Other testimony presented to the subcommittee included the growing impact of AI-generated FOIA requests and significant differences in the costs estimated by local governments to fulfill similar records requests from a local reporter.
Remedies Subcommittee
The Remedies Subcommittee focused on enforcement of FOIA rights, including assessment of civil penalties and notice requirements. HB160 (Simon) would add reliance on advice from a public body’s legal counsel to the list of mitigating factors a court may consider when assessing penalties. VACo testified in support of this provision. The bill would also require that proceedings be brought against officers, employees, and members of public bodies in their individual capacities in order to seek penalties.
VACo testified in opposition to HB159 (Simon), which would eliminate the requirement to provide formal notice before a hearing to enforce FOIA rights.
The Council’s subcommittee meeting materials and livestream information are available through the Virginia Freedom of Information Advisory Council website here.
VACo Contact: Julie Whitlock, Esq.