Entry 306 of 519
By Carol Lindstrom On June 25, 2009 at 11:21 PM
The Virginia Freedom of Information Advisory Council is a State of Virginia agency that focuses on Freedom of Information Issues. This source is available to individuals, public officials and the media. They also serve by providing advisory opinions which are published and are a searchable internet resource for anyone with a FOIA question.

Their Advisory Opinions section can be viewed in chronological order or in a searchable database. The chronological order is a good way to review recent trends (if any) while the searchable option allows you to look for a specific topic. Using searchable, I checked under the word "erosion" and found this neat bit of information indicating that when an investigation is performed related to land-disturbing activities where the 'owner' has violated some form of the erosion and sediment control laws, the name of the complaintant does not have to be released by the investigating agent. That information can be withheld as part of the records causing the investigation.

Another interesting find there was under the search for "Planning Commission". This involved the presence of Town Council members at a Planning Commission Meeting who participated in the discussion about business upon which they would likely have to act in the future. In this case, the meeting should have been advertised as a Joint Public Hearing. Another part of the question answered dealt with the appointment of Town Council Members on Planning Commission Subcommittees. Some interesting discussion is found in the document, and some good ideas of what is and is not allowed to happen in public meetings.

Another good one I found deals with Committee Meetings (notice and minutes) and FOIA violations that occurred involving this. The discussion is thorough and sites relevant FOIA laws concerning notice requirements of all committees. It further clarifies that any committee or group formed to perform a delegated function or to advise the town is subject to FOIA. Regular meetings, special, and emergency meetings all require notices. That notice time frame is a minimum of 3 WORKING days (excluding the date of the meeting as well as holidays and weekends) for regular meetings, and at the same time that members of the group are notified of special and emergency meetings. In addition, anyone who has requested notice of meetings should have been noticed. Requesters of notices can be contacted through email or telephone if the requestor agrees to this. (So if you are someone who wants to be noticed, you can get it through the mail, or you could ask the town to call you instead - it is not required that they provide this service but it may be something they will consider for people who do not have internet access but have requested notification and the timeframe is such that mail service just would not work). It also clarifies another question that I have been asked recently. The committees themselves are not required to take minutes except where membership of the committee includes a majority of the governing body.

So there ya have it. A great resource to look up information on FOIA that may be of particular interest to you. If you have a question about the way a meeting was conducted, whether or not you were allowed to be in the meeting, what documents you have a legal right to obtain or view, here is one good place to find an answer.