Newsletter


  • Lee Albright: FOIA warrior

    Nelson County man battled DGIF for fish hatchery records When Virginia’s Department of Game and Inland Fisheries halted public access to Nelson County’s Fish Hatchery, neighbors were not happy.Before the ’03 closing, the hatchery, nestled in the tiny community of Montebello in the county’s mountainous western reaches, had drawn an estimated 40,000 visitors each year.…


  • Seal of disapproval

    HEATHSVILLE — Northumberland County has a new official seal, featuring a brilliant yellow shield held upright by long-tongued bipedal lions. The seal is displayed on the county’s Web site, but the county refuses to authorize use by anybody else — including the Northumberland Woman’s Club and even the local sheriff. As one critic noted, “this…


  • Freedom of Information Complaints

    Charlottesville — When it’s time to talk about controversial roadways — where to build them, or whether — closed sessions almost inevitably occur, legal or not. “Somebody, someday might sue Charlottesville over the Meadowcreek Parkway, so City Council rushes into secret session to huddle over possible options,” the Daily Progress noted. But as the editorial…


  • Your tax dollars hard at work

    If you’re looking for records from a federal agency, don’t hold your breath.According to a report issued by the National Security Archive, the FBI, CIA and the Pentagon have unanswered requests dating back to the 1980s. The archive is a nonprofit research center seeking to declassify government documents.


  • MKB v. Warden. Was is it?

    This is the court story of the case that doesn’t exist. Even though two different federal courts have conducted hearings and issued rulings, there has been no public record of any action. No documents are available. No files. No lawyer is allowed to speak about it. Period.Yet this seemingly phantom case does exist — and…


  • FOI and the war in Iraq

    by Harry Hammitt Every so often a story comes along involving FOIA that serves to remind us why the statute is so important in our democracy. Sometimes, with little or no warning, a piece of information works its way out of the system that either astonishes us because of its substantive quality or because we…


  • Supreme Court rules in Fredericksburg e-mail case

    One for the books, but questions still linger Does use of e-mail by several members of a local governmental body ever constitute an impermissible electronic meeting? Two years after the Fredericksburg e-mail case started as a feud among political rivals, the Virginia Supreme Court weighed in on the issue, but its March 5 opinion in…


  • E-Government Briefs

    Carroll + Hillsville = Chillsnet If community Web sites are all about “branding,” Chillsnet.org may get the prize.Chillsnet is a “community portal” that gets its name from a Carroll County/Hillsville partnership. Andy Cohill, developer of the Blacksburg Electronic Village, recently praised the Chillsnet site, saying Internet users who can’t find a good community portal will…


  • FOIAC by the numbers

    From March 29 to June 8, the council fielded 243 telephone and e-mail requests for information, as well as seven requests for formal, written opinions.The period encompassed 51 work days, which means requests averaged nearly five inquiries per day. Of the phone and e-mail requests, 129 came from state and local government, 85 came from…


  • FOIAC Subcommittees and workgroups set this spring, already under way

    The 2004 General Assembly punted three bills to the FOI Advisory Council for further review. That’s exactly the kind of role the architects of the council envisioned when the body was created in 2000.At its next regularly scheduled meeting, the council heard presentations from Executive Director Maria Everett on what the bills referred to the…


  • FOI Advisory Council Updates: Recent Council Advisory Opinions

    In response to an inquiry from the Sierra Club, the council issued AO-25-03 to answer whether Newport News could withhold records generated by a public relations firm hired to boost public support for the King William Reservoir Project. The city invoked the attorney-client and work-product exemptions of FOIA. The council, however, concluded that the attorney-client…


  • Coalition Bulletin Board

    Woodrum, Maroney join VCOG’s board Former Del. Clifton A. “Chip” Woodrum has joined VCOG as a member of its board of directors. He accepted the appointment after retiring from the legislature in early January.The Roanoke lawyer was awarded one of 13 at-large seats on the recently expanded VCOG board. (Ten other directors are designated by…


  • Exemption for records, meetings bring total to 127

    When the 2004 General Assembly wasn’t squabbling about taxes and budgets, it inserted nine new exemptions in the Freedom of Information Act. Seven deal with records, two with meetings, bringing the state’s total to 127. Four other record exemptions were expanded, usually to include additional agencies. As suggested by the FOI Advisory Council, record exemptions…


  • General Assembly (mostly) keeps itself under Virginia’s Freedom of Information Act

    For more than three decades, Virginia’s legislature wisely (policy-wise and politics-wise) wrote itself into its Freedom of Information Act Always there were some exceptions applicable only to the General Assembly. In the beginning, even committee meetings were kept secret. Local government, state boards and sunshine advocates occasionally grumbled about “double standards” — but, if only…


  • PPEAs shut out the public — and some elected officials

    As predicted, Virginia’s so-called public-private education partnerships are causing right-to-know tensions — not just with parents but with school boards, city councils and boards of supervisors as well. The secret nature of the so-called PPEA process almost guarantees such conflicts, with elected governing bodies on the outside looking in — or, in some cases, not…


  • Media, ALA plan ‘Sunshine Week’ to press for government openness

    Journalism organizations, schools and libraries plan a week-long campaign to push harder for access to government. Beginning March 13, news outlets will run stories, editorials and cartoons urging greater access to government information. The effort has been dubbed “Sunshine Week.” “From city hall to Congress, and from police chiefs’ offices to the attorney general’s office,…


  • Records access spotty, surveys continue to find

    With record access tested in more than 30 states in the last seven years, you’d think government officials would be obeying FOI laws by now. Not so. The new Tennessee Coalition for Open Government even announced its audit ahead of time. Even so, one-third of the time its auditors were denied access. As TCOG Director…


  • Everett honored for her access work

    Maria Everett, executive director of the Virginia Freedom of Information Advisory Council, was given VCOG’s 2004 award for exemplary work in seeking to keep government open to public scrutiny. The Virginia General Assembly created the council in 2000 to foster compliance with the state’s open-meeting and open-record laws. Under Everett’s leadership, the council has gained…


  • Restrict a governor’s working papers, Griffith urges

    A decade ago, the joke around Richmond was that even VDOT’s road crews had one of those rubber stamps that said, “Confidential. Governor ’s Working Papers.” At the time, Republican George Allen was governor. What a difference a decade makes. House Majority Leader Morgan Griffith, R-Salem, now wants to restrict a governor’s ability to keep…


  • Corp. no public body, but will operate as such

    The Martinsville-Henry County Economic Development Corp. hired a lawyer to say if it was subject to FOIA. Roger Wiley, the FOI lawyer, said in his opinion it was not a public body, and thus not covered by FOIA. The corporation said it would operate as a public body anyway — as urged by Wiley and…


  • Public TV/radio not a public body

    WHRO, the public television and radio station in Norfolk, is not a public body subject to FOIA because it is not supported wholly or principally by public funds, Norfolk Circuit Chief Judge Joseph Leafe held on Sept. 1. The ruling put an end to an attempt by David Wigand of Pulaski to compel the station…