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Is Virginia’s public records law at risk? Governor, transparency advocates disagree. McAuliffe will sign public-records law, but may still seek changes
(about 5 hours later)
Virginia Gov. Terry McAuliffe (D) has backed away from his opposition to legislation that would bar agencies from withholding public records because a portion is exempt, at least for now. Virginia Gov. Terry McAuliffe (D) has dropped — at least for now — his opposition to legislation aimed at making sure government agencies don’t withhold public records in their entirety in cases where a portion of those records are exempt.
His spokesman, Brian Coy, said the governor plans to sign a bill meant to overturn a Supreme Court ruling that open-government advocates feared would make a wide range of public documents secret. But the administration believes the ruling is much narrower and is still trying to limit the effect of the bill. McAuliffe spokesman Brian Coy said the governor plans to sign a bill meant to overturn a state Supreme Court ruling that open-government advocates say could make a wide range of public documents secret.
While Virginia’s Freedom of Information Act makes government budgets, reports and salaries open to the public, other information such as personnel records and trade secrets is exempt. In September, the commonwealth’s high court ruled that the Department of Corrections did not need to partially release materials related to Virginia’s execution procedures because portions were exempt from disclosure. But the administration, which believes the ruling is much narrower,may try to limit the effect of the bill by amending an identical version that is still working its way through the legislature.
Judge William C. Mims, in dissent, wrote that future government records may contain a “poison pill” portion that is exempt to prevent full disclosure — a concern shared by transparency advocates. [Va. Senate votes to use electric chair if execution drugs scare]
While Virginia’s Freedom of Information Act makes government budgets, reports and salaries open to the public, other information — such as personnel records and trade secrets — is exempt.
In September, the commonwealth’s high court ruled that the Department of Corrections did not need to partially release materials related to Virginia’s execution procedures because portions of those materials were exempt from disclosure.
Justice William C. Mims, in dissent, wrote that the ruling could lead government agencies in the future to deliberately include exempt information in their records soleley so they could then shield those records from public view.
Transparency advocates said they shared that concern.
[Virginia Supreme Court shields execution details][Virginia Supreme Court shields execution details]
Then-Del. Scott Surovell (D-Fairfax County) was the plaintiff in the execution records lawsuit, and now, as a state senator, he is sponsoring legislation that would make clear that agencies have the responsibility to redact private information rather than suppress entire records when parts are exempt from disclosure. The legislation, which sailed through the General Assembly, would make clear that agencies have the responsibility to redact private information rather than suppress entire records when parts are exempt from disclosure.
The bill sailed through the legislature but hit resistance when it reached the governor. McAuliffe instead proposed referring the matter to study by the Freedom of Information Advisory Council, which already backed Surovell’s bill. It was sponsored by Sen. Scott Surovell (D-Fairfax County), a first-term senator and former delegate who was the plaintiff in the execution records lawsuit.
Coy, the governor’s spokesman, said transparency advocates fears about the ruling’s far-reaching implications may be overblown. He said the proposed solution may have unintended consequences that create a higher workload for agencies and drive up the costs of document review. McAuliffe initially proposed referring the matter to study by the Freedom of Information Advisory Council, which had already backed Surovell’s bill.
His aides said the administration was concerned that the legislation could have unintended consequences, such as creating a higher workload for agencies and driving up the costs of document review.
“Really, this is a pretty wonky legal disagreement. Our interest in this is not in transparency or lack thereof,” Coy said. “It could have the unintended effect of making it harder to access public information, or at least more expensive.”“Really, this is a pretty wonky legal disagreement. Our interest in this is not in transparency or lack thereof,” Coy said. “It could have the unintended effect of making it harder to access public information, or at least more expensive.”
Surovell said the bill shouldn’t overhaul government practices because all it does is undo any changes made after his case, noting that no state agencies other than the Department of Corrections had raised concerns during committee hearings. Surovell said the bill shouldn’t overhaul government practices because all it does is undo any changes made after his case. He noted that no state agencies other than the Department of Corrections had raised concerns during committee hearings.
[Va. Senate votes to use electric chair if execution drugs scare] Neither he nor other advocates could point to examples of government agencies using the court ruling to withhold entire records.
He and other advocates couldn’t point to examples of government agencies using the court ruling to withhold entire records.
Roger Wiley, a lobbyist for the Virginia Municipal League and Virginia Association of Counties, said local governments already believe it’s their duty to redact exempt information rather than withholding entire records.Roger Wiley, a lobbyist for the Virginia Municipal League and Virginia Association of Counties, said local governments already believe it’s their duty to redact exempt information rather than withholding entire records.
Coy said the governor will sign the bill as submitted to him, but may seek further changes by amending an identical bill still working through the General Assembly. That bill is being treated by the governor’s office as a vehicle for revisions.Coy said the governor will sign the bill as submitted to him, but may seek further changes by amending an identical bill still working through the General Assembly. That bill is being treated by the governor’s office as a vehicle for revisions.
Surovell said he is open to tweaks but not a wholesale rewrite as the governor had originally proposed.Surovell said he is open to tweaks but not a wholesale rewrite as the governor had originally proposed.
“I’m glad he recognized open government is important, and we need to have a functional FOIA,” Surovell said. “This bill strikes perfect balance between redaction and disclosure.”“I’m glad he recognized open government is important, and we need to have a functional FOIA,” Surovell said. “This bill strikes perfect balance between redaction and disclosure.”