The Law
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Plowman v. McAuliffe petition and plea in bar
Loudoun County Commonwealth’s Attorney James Plougman has filed suit against Gov. Terry McAuliffe over access to the records of the 206,000 felons whose rights would have been restored by the governor’s order (since struck down by the Virginia Supreme Court).
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2016-2017 Virginia Freedom of Information Act
The Virginia Freedom of Information Act: §§ 2.2-3700 – 2.2-3714 Effective July 1, 2016 – June 30, 2017 § 2.2-3700 Short title; policy. § 2.2-3701 Definitions. § 2.2-3702 Notice of chapter. § 2.2-3703 Public bodies and records to which chapter inapplicable; voter registration and election records; access by persons incarcerated in a state, local,…
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The session’s end nears
This session. I mean it. This session! It’s been a crazy, unexpected and wild ride. And while I may need a little perspective before I can accurately characterize the session, my initial impression is that it has been a mostly positive one for transparency in state and local government. There were many good…
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Subcommittee positions 2-2-16
Position Reason Notes SB 202 Oppose Salaries represent the single biggest expenditure of public money. Citizens need the accountability; government employees need information on whether they are being paid fairly; and society needs to determine whether government work is properly valued. By restricting the pool of those whose salary data must be disclosed,…
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Subcommittee positions 1/28/16
Position Rationale Notes HB 61 Support FOIA’s current penalties do not serve as an adequate deterrent to intentional misapplication of the law. The possibility of a criminal penalty (for only the most egregious violations) would incentivize government employees and officials to take FOIA’s records and meetings procedures with the utmost…
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Denton v. City Council of the City of Hopewell
Janice Denton is suing the Hopewell City Council for violation of FOIA’s meeting provisions. The council voted 5-2 in on Jan. 6, 2015, to go into closed session, citing the personnel exemption, for the purpose of selecting who would be the next mayor and vice mayor. Two council members objected to the closed session and…
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2015-2016 Virginia Freedom of Information Act
Effective date: 7/1/15 – 6/30/16 NOTE: Changes to FOIA effective July 1, 2015, have been incorporated and noted by highlights, italics and strikethroughs. § 2.2-3700 Short title; policy. § 2.2-3701 Definitions. § 2.2-3702 Notice of chapter. § 2.2-3703 Public bodies and records to which chapter inapplicable; voter registration and election records; access by persons…
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McCarthy v. City of Virginia Beach
Complaint, demurrer and amicus brief in McCarthy v. City of Virginia Beach regarding the city’s exercise of discretion in denying a family records related the their son’s suicide.
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VDOC v Surovell amicus brief
VCOG’s Amicus Curiae (friend of the court) brief in Virginia Department of Corrections v. Surovell, No. 141780
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VCOG amicus brief in Department of Corrections v Surovell
VCOG filed an amicus brief in the Virginia Supreme Court case Department of Corrections v. Surovell.
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2015 legislative wrap-up
When the General Assembly adjourned Feb. 27, it was with a fairly good record on government transparency behind it. Several good bills passed, several bad bills failed, and some that needed fuller vetting will be sent to the FOIA Council’s ongoing study. There were a few disappointments along the way, but whether it was because…
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2014-2015 Virginia Freedom of Information Act
Effective date: 7/1/14 – 6/30/15 NOTE: Changes to FOIA effective July 1, 2014, have been incorporated and noted by underlined italics. Click HERE for an overview of FOIA and answers to frequently asked questions. ***Click here for the form needed to begin a FOIA case in district court. Directions for using the form can be found here. § 2.2-3700 …
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2014 General Assembly
A round-up of access-related bills being followed and, in some cases, lobbied on in the 2014 General Assembly session.
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Fed court upholds Tennessee limit
Citing McBurney v. Young, the U.S. Supreme Court case saying Virginia's law limiting FOIA's use to state residents is constitutionally permissible, the 6th U.S. Circuit Court of Appeals ruled Aug. 16 that a similar limitation in Tennessee's law was OK, too.
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2013-2014 Virginia Freedom of Information Act
Effective date: 7/1/13 – 6/30/14 NOTE: Changes to FOIA effective July 1, 2013, have been incorporated and noted by italics. Click HERE for an overview of FOIA and answers to frequently asked questions. ***Click here for the form needed to begin a FOIA case in district court. Directions for using the form can be found here. § 2.2-3700…
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MYFLE – Full audio
We offer this recording of VCOG’s most recent records-management & FOIA workshop for free, but if you find the materials useful or would like to support more workshops like this, PLEASE DONATE to VCOG. Go to the visual presentation to go along with Anita Vannucci’s remarks. Go to the visual presentation to go along with…
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Post-McBurney commentary
VCOG Board of Directors member Mark Caramanica talks to On the Media about the ramifications of the Supreme Court’s ruling on state citizenship & the Freedom of Information Act.
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2013 General Assembly
These are bills being tracked by the Virginia Coalition for Open Government during the 2013 General Assembly session. Bills originating in the House are listed first, in numerical order, followed by Senate bills in the same order. Feel free to alert us to bills you think should be included on this list by sending a…
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2012-2013 Virginia Freedom of Information Act
Effective date: 7/1/12-6/30/13 NOTE: Changes to FOIA effective July 1, 2012, have been incorporated and noted by underlined italics. Click HERE for an overview of FOIA and answers to frequently asked questions. ***The form needed to begin a FOIA case in district court can be found here (PDF – 32KB) . Directions for using the form can…
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2012 Legislative Update
These are bills being tracked by the Virginia Coalition for Open Government during the 2012 General Assembly session. Bills originating in the House are listed first, in numerical order, followed by Senate bills in the same order. Feel free to alert us to bills you think should be included on this list by sending a…
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2011-2012 Virginia Freedom of Information Act
Effective date: 7/1/11-6/30/12 NOTE: Changes to FOIA effective July 1, 2011, have been incorporated and noted by underlined italics. Click HERE for an overview of FOIA and answers to frequently asked questions. § 2.2-3700. Short title; policy. § 2.2-3701. Definitions. § 2.2-3702. Notice of chapter. § 2.2-3703. Public bodies and records to which chapter inapplicable;…
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2011 Legislative Update
Last updated: 3:30 p.m., 2/28/11 NOTE: Bills that passed are listed first; bills that failed to advance out of their respective chamber are listed below. HB 1457 R. Marshall Provides that public employees may be terminated or otherwise disciplined for knowing and willful violations of FOIA. • Passed House and Senate. Amended to delete employee…
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2010-2011 Virginia Freedom of Information Act
Effective date: 7/1/10-6/30/11 NOTE: Changes to FOIA effective July 1, 2010, have been incorporated and noted by underlined italics. Click HERE for an overview of FOIA and answers to frequently asked questions. § 2.2-3700. Short title; policy. § 2.2-3701. Definitions. § 2.2-3702. Notice of chapter. § 2.2-3703. Public bodies and records to which chapter inapplicable;…
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2009-2010 Virginia Freedom of Information Act
Effective date: 7/1/09-6/30/10 NOTE: Changes to FOIA effective July 1, 2009, have been incorporated. § 2.2-3700. Short title; policy. § 2.2-3701. Definitions. § 2.2-3702. Notice of chapter. § 2.2-3703. Public bodies and records to which chapter inapplicable; voter registration and election records; access by persons incarcerated in a state, local, or federal correctional…