Entry 422 of 487
By Carol Lindstrom On March 14 at 12:17 AM
Sunshine Week: March 14 thru 20 of 2010.

"Sunshine" may make it possible, but it is only YOU, the people who can make open government a reality. Few have said it any clearer than Attorney General Eric Holder, "The American people have the right to information about their government's activities, and these new guidelines will ensure they are able to obtain that information under principles of openness and transparency," (from the Sunshine Week reading room: Federal FOIA Guidelines Bring Back Presumption of Openness, par3; from http://www.sunshineweek.org/ReadingRoom.aspx, last accessed 3/12/10).

Laws, such as the Freedom of Information Act, provide citizens with the right to access information. However, you cannot expect your government to simply start handing out any and all information. You need to ask for it, and you need to be specific in your request.

Many of the documents that are created by all levels of government are kept for years (in some cases forever). Not everyone knows that these documents even exist. If you live within the Commonwealth of Virginia, you can find out exactly what documents are required to be kept and for how long by going to the website of the Library of Virginia: Retention Schedules. Three links are provided at the bottom of the page for (1) Glossary, (2) General Schedules for Virginia Localities, and (3) General Schedules for State Agencies.

The Glossary can provide you some information to help you in understanding the schedules themselves.

The General Schedules for Virginia Localities is a list of all of the groups of documents that are required to be maintained at the City, County, and Town levels of government. By clicking on the link to one of those groups, you will be directed to a document that will give you details types of documents (including a brief description) within that group and information on how long they are required to be maintained. (I will provide some examples of this below.)

The General Schedules for State Agencies provides a list of the groups of documents which are required to be maintained at the State level and clinking one of those links will take you to a list of the documents with a brief description and information on how long they must be held before they can be disposed of by the Agency.

I am most familiar with the Virginia Localities schedule because the access and use of public documents is the primary information source that I use for blogs. This is how I use this resource:

If I am trying to find out about land use issues, I go to the Records Management Locality General Schedules and scan the list. There, I find that GS-05 is the Group number for Land Use, Land Development and Public Works. I click on that link and it takes me to a document entitled: RECORDS RETENTION AND DISPOSITION SCHEDULE GENERAL SCHEDULE NO. 06 COUNTY AND MUNICIPAL GOVERNMENTS LAND USE, LAND DEVELOPMENT, AND PUBLIC WORKS.

The first page gives some of the basic information for records retention and disposition. (Since I have read that about a gazillion times by now, I scroll down to the next page and start looking at the list.

The first entry you will see is in the left hand column and contains: "Agreements, Bonds, and Contracts," directly below it is a brief description of some of the documents included within this category "This series consists of agreements, contracts, and bonds relating to professional services and construction. This series may include but is not limited to: surety, bonds, correspondence, letters of credit, and public/private agreements. There is a series Number in the center column which is used by the jurisdiction for filing procedures. The right-hand column contains information on how long the records must be maintained. In this case that is "Retain 5 years after completion of legal terms then destroy in compliance with No. 8 on the schedule cover page". You will note that No. 8 on the schedule cover page refers you back to that first page of the document. There you will find that No. 8 states "Custodians of records must ensure that information in confidential or privacy protected records is protected from unauthorized disclosure through the ultimate destruction of the information. Normally, destruction of confidential or privacy-protected records will be done by shredding or pulping. "Deletion" of confidential or privacy-protected information in computer files or other electronic storage media is not acceptable. Electronic records must be "wiped" clean or the storage media physically destroyed."

The issue of privacy deals with those items for which there are exclusions to the Freedom of Information Act. For more information, the easiest and quickest source I have found is to go to the Virginia Coalition for Open Government website and use the 2009-2010 Virginia Freedom of Information Act. Here you will find the text of the Act listed by each section. In this particular example, concerning contracts, 'proprietary records and trade secrets' be an issues. Those are found in the list as: "§ 2.2-3705.6.   Exclusions to application of chapter; proprietary records and trade secrets." (By the way, this is something that I have learned by using the system. Experience is, indeed, a wonderful teacher.)

Scroll down the page and you will find the full next of the Virginia Freedom of Information Act. This section is too long for me to cut and paste here. One example from this list is "3. Confidential proprietary records, voluntarily provided by private business pursuant to a  promise of confidentiality from a public body used by the public body for business, trade and tourism development or retention; and memoranda, working papers or other records related to businesses that are considering locating or expanding in Virginia, prepared by a public body, where competition or bargaining is involved and where, if such records are made public, the financial interest of the public body would be adversely affected. " In fact, it is pretty much the same types of stuff that cause public bodies to require those occasional 'closed session' to discuss.

Another example concerns the Public-Private Transportation Act of 1995 and the Public Private Education Facilities and Infrastructure Act of 2002. "11. a. Memoranda, staff evaluations, or other records prepared by the responsible public  entity, its staff, outside advisors, or consultants exclusively for the evaluation and  negotiation of proposals filed under the Public-Private Transportation Act of 1995 (§ 56-  556 et seq.) or the Public Private Education Facilities and Infrastructure Act of 2002 (§  56-575.1 et seq.), where (i) if such records were made public prior to or after the  execution of an interim or a comprehensive agreement, § 56-573.1:1 or 56-575.17  notwithstanding, the financial interest or bargaining position of the public entity would be  adversely affected, and (ii) the basis for the determination required in clause (i) is  documented in writing by the responsible public entity; and"...

Now, wandering back to the Library of Virginia's Land Use, land Development, and Public Works Section, you will find a lot of other information that you may find useful:

  • Building Records: Inspection and Permit Files: This series consists of commercial and residential building, electrical, mechanical, storage tank/container, and/or plumbing applications; drawings; issued permits; supporting documentation; and inspections -- Retain 3 years after issuance of the Certificate of Occupancy or equivalent then destroy in compliance with No. 8 on the schedule cover page.

  • Capital Improvement: This series consists of construction and building maintenance records pertaining to local government projects. -- Retain for the life, both active and inactive, of the improvement then destroy.

  • Code Enforcement: This series consists of complaints, notices of violations, record of action taken, correspondence, departmental comments, and supporting documentation -- Retail 3 years after resolution then destroy in compliance with No. 8 on the schedule cover.

  • Development Files: This series consists of, but is not limited to, approved and as-built land development, commercial site plan, calculations, and subdivision construction -- Retain permanently.

  • Development files: Supporting Documentation: This series consists of records used to develop property including but not limited to: drawings, temporary easements, plans, plats, maps, correspondence, departmental comments and related studies used to develop property. -- Retain 5 years after final approval then destroy.

  • Environmental Files: This series consists of, but is not limited to, records pertaining to erosion and sediment control, storm water, and the Chesapeake Bay Watershed. -- Refer to 000303, "Development Files" and/or 000304, "Development Files - Supporting Documentation."

That should be enough to get the general idea. I hope some of you will take the opportunity to check out these valuable online resources. If you are trying to find out information and need to request certain documents, the Library of Virginia offers a great source to find out what should be available before you go and ask for the documents. Additionally, if you are making a FOIA request, knowing as much about the specific documents available as you can find out, will help prevent you from having to pay for copies of unnecessary/unrelated documents and minimizes the work that staff will have to do to provide the documents.

Oh...I found some new stuff: Under Administrative Records: RECORDS RETENTION AND DISPOSITION SCHEDULE GENERAL SCHEDULE NO. 04 COUNTY AND MUNICIPAL GOVERNMENTS COUNTY, CITY, AND TOWN ADMINISTRATION RECORDS BOARDS OF SUPERVISORS AND CITY/TOWN COUNCILS :

  • Citizen Complaint Files: This series documents citizen complaints, preliminary investigations, findings, background material, and responses. -- Retain 1 year after last action then destroy in compliance with No. 8 on schedule cover page. (This would be a useful tool for Town Council to utilize. Although only held for 1 year, a routine review by Town Council could help to identify patterns.)

  • Citizen Petitions: This series documents receipt of a petition from citizens, preliminary research, and responses. Code of Virginia §14.2-301 -- Retain permanently in locality.

  • Correspondence/Subject Files - Boards/Councils - Chairpersons: This series documents incoming and outgoing letters, memoranda, faxes, notes, and their attachments, in any physical format including, but not limited to, paper and e-mail -- Retain in agency 5 years then transfer records to the Archives, Library of Virginia for permanent retention. Archives may purge records in accordance with standard archival practices.

  • Index to Minutes: This series consists of paper, microfilm, or electronic indexes of contents of board of supervisors or city/town council minutes. -- Retain permanently.

Ahh....so little time, so many questions. I hope that you enjoy exploring your rights and learning more about your government.