VCOG Board of Directors Meeting
Sept. 26, 2024, 2 p.m.
Offices of the Virginia Press Association
PRESENT: Bobbi Bowman; Paul Casalaspi (Vice President); Brian Colligan (participating by Zoom) Betsy Edwards (ex officio); Maria Everett (President); Craig Fifer; Joe Fuentes (Treasurer); Chris Gatewood; Stephen Hayes (Secretary); Joshua Heslinga; Amanda Kastl; Pat O’Bannon; Bruce Potter; Elliott Robinson; Jeff South (Past President); Jay Speer; Steve Stewart; Christopher Tyree. Also present: Megan Rhyne (Executive Director)
Everett called the meeting to order at 2:05 p.m. and members introduced themselves.
Minor changes were made to the minutes of the June 18, 2024, meeting (one misspelling, the omission of a board member from those present, and two requests by members to clarify the intent of their comments). As amended, the board approved the minutes unanimously, with South moving to approve, Bowman seconding, and O’Bannon abstaining.
FINANCIAL
Rhyne showed the endowment and budget documents in the Board meeting packet. The endowment is up so far, even after taking the first of four scheduled drawdowns. Edwards pointed out that the Total Budget column is for the entire year, so everyone should understand that figures thus far represent only ~2 months. Rhyne said the budget is in good shape thus far, with everything looking the way it is supposed to. We use the financial information to file reports with the Knight Foundation about the grant we received in 2005, which has still been required. That requirement may sunset in January — in discussions with them about that. Also use that to show potential donors financial information.
In response to a question about the endowments: The Woodrum family did not restrict that endowment, but VCOG has treated it as restricted. The Frosty Landon endowment was started in ~1996 with help from VPA, broadcasters, and other donors. On 10-year anniversary in 2006, we applied for a $200,000 matching grant from Knight (they give $200k if we raise $250k), and we got it, which brought it up to ~$450k. Growth since then is almost all market performance — few donations directly to the endowment.
The 990 is due November 15 and will be filed.
BOARD BUSINESS
Proposed agendas for some of VCOG’s committees were discussed. Want to know what committees are working, and how the Board can help.
Everett and Rhyne asked about establishing chairs. Heslinga commented that establishing chairs and empowering them to call meetings might help, rather than requiring Megan to poll and create one.
By consensus, Board decided acting chairs would be appointed, charged with having a meeting and electing a chair.
Reynolds Hutchins for the Development and Membership Committee. Heslinga later volunteered and was designated acting chair.
*Steve Stewart arrived
For the Governance Committee, Steve Stewart.
For the Legal/Litigation Committee, Richard Gard recommended by Rhyne and selected.
For the Legislative Committee, Craig Fifer.
For the Programming Committee, Jeff South. In response to a question from South, Rhyne clarified that the committee document is not listing their missions, just tasks that need to be done.
For Tech Issues, Chris Tyree.
Finance and Executive Committee not listed.
Everett charged acting chairs with having a meeting and getting things working.
Board terms: Heslinga moved to follow Rhyne’s recommendation and make Lawrence McConnell, who has been a VPA representative for at least 20 years, an at-large member. Seconded and passed unanimously. All three at-large members (Heslinga, Gatewood, and Fuentes) whose terms expire in 2024 expressed interest in being reappointed. Elliott expressed interest in remaining too, among the VPA & broadcasters seats. Rhyne to remind Sarah Vogelsong.
LEGISLATIVE WISH LIST
Rhyne discussed the ideas list and said that she shops a few to various legislators. Targeting Petersburg area legislators for the agenda items one due to their actions on the casino. The point is to give legislators an idea, not necessarily to have exact wording. Rhyne will send about a dozen proposals out next week.
Heslinga asked about the idea of a proposal on public body discretion, which Delegate Simon raised at a FOIA Council meeting. Fifer asked about whether a public body can decide to exercise its discretion categorically or must for each request. Heslinga noted that the discretion is unfettered and some sort of overall test or set of factors to consider might spur interest. Fifer noted that a minimal version might be that you have to have a reason it’s in the public interest to withhold. Kastl noted that there is some power in the statutory language requiring description of volume and subject matter and that additional language in the statute might be helpful.
Robinson asked about fees provisions/imposition and noted that Richmond always charges, even if they’ve already generated the records. Rhyne noted there’s an ongoing study under the FOIA Council and still upcoming. There was discussion. Edwards asked when state agencies started charging because she didn’t when she was the public information officer at DMV. Fifer noted that a public employee serving one requester may not be doing anything to serve other citizens during that time and said it’s a balance. Everett noted that she started at the FOIA Council in 1991 and the charges provisions were there then and reminded the Board that FOIA was written in a paper world. Everett said there’s a need to study this area and update FOIA and that some in government are not in favor of an affirmative duty to post things. Kastl noted that sometimes FOIA requests avoid a requester spending a little time finding something that’s already published.
Kastl noted that there’s nothing requiring records be stored in any particular organized fashion and that it is much faster and cheaper if records are stored sensibly and efficiently. Everett said inefficiencies in storage should not be passed on to the public. Fifer noted the language requiring consideration in buying IT about how to get information out of it and said that could be inspiration for more organizational language. Rhyne asked about whether there could be a study of the Virginia Public Records Act.
* member sitting next to Rhyne left
Fifer raised the topic of automated FOIA requests and AI-generated FOIA requests and suggested thinking about what VCOG’s position is. Fifer noted that software tools can help the requester or the public body and said he wouldn’t want to see technology banned, but he can also see the point of requiring that a human be involved. Rhyne noted that FOIA Buddy has been a topic of concern lately, flooding some Pennsylvania school boards and sometimes generating fake names associated with the request. The Pennsylvania administrative public body used existing law to say that you can’t have an anonymous request, interpreted these to be that, and said there was no duty to respond. There was further discussion.
Steve Stewart noted that codifying too many things regarding fees could lead to the FOIA officers who don’t charge fees starting to.
Rhyne noted that states have a lot of variation in fees provisions in their statutes and that different approaches have different positives and negatives.
Steve Stewart raised the subject of guaranteeing a media seat, or a specific print media seat, on the FOIA Council. Rhyne and Edwards noted there is one, filled by a television person. Edwards noted that the FOIA Council has become imbalanced and that public and media members should have parity.
* member between Elliott and Joe Fuentes left
Kastl asked about electronic meetings participation and whether anything is coming that way. Rhyne said that we worked two years ago to come up with a proposal, had wide buy-in, and then the next year people started asking for and getting more. Rhyne said that VCOG’s position has always been that in-person is preferable. Fuentes noted that the existing provisions have made things more complicated. There was further discussion of electronic participation and virtual meetings, the level for a quorum, engagement of representatives, capacity to attend meetings in light of personal limitations and other commitments, the relevance of convenience to the government and to members of public bodies, the methods and requirements for doing virtual or hybrid meetings (and doing them well), and knowing who is actually present in public meetings when attending virtually.
* Bruce Potter and Steve Stewart left during this discussion
EXEC DIR ACTIVITIES REPORT
Annual conference is April 3rd at Court Square Theater in Harrisonburg. Board dinner to follow, likely at Bella Luna Wood-Fired Pizza (which is not exclusively pizza). Consider whether to have a Board meeting in conjunction with the dinner. Some hotel rooms at the Hotel Madison are available. They’re all close together. Rhyne sent a letter to past conference supporters to thank them and note the new one.
The summer intern, Amanda, who worked from Chapel Hill, was great.
On the litigation front, appreciate the Litigation Committee’s quick consideration and responses. Court of Appeals ruled favorably in Warrenton case regarding working papers exemption. The Town is going to appeal that, although it’ll be a petition for an appeal, not a right of appeal. Court of Appeals has accepted VCOG’s amicus brief in the Hanover Sheriff’s Office names case; that case remains pending. The Litigation Committee recommended not getting involved in the Hanover Wegmans case, where the plaintiffs won on standing and then it went back to a lower court; the FOIA issue is one part of the larger case, related to a meeting during COVID times.
*Steve Stewart returned
New Truist account opened, and Wells Fargo account closed, after all funds moved over.
There’s still the issue with Vanguard wanting the account to transition to a brokerage account. Some question too about whether Vanguard account is a personal one or a business one. There was discussion related to this.
* Chris Gatewood left during this discussion
— I was absent briefly. Bd agreed to meet in December virtually and around the conference. Edwards said that the strategic plan committee met. —
* meeting adjourned at 4:02