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Virginia Freedom of Information Act, July 1, 2004, though June 30, 2005
(For comparison purposes only, you may wish to see the language in previous statutes.)
§ 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 facility.
§ 2.2-3704. Public records to be open to
inspection; procedure for requesting records and responding to
request; charges.
§ 2.2-3704.1. Posting of notice of rights
and responsibilities by state public bodies; assistance by the
Freedom of Information Advisory Council.
§ 2.2-3705.1. Exclusions to application of
chapter; exclusions of general application to public bodies.
§ 2.2-3705.2. Exclusions to application of
chpter; records relating to public safety.
§ 2.2-3705.3. Exclusions to application of
chapter; records relating to administrative investigations.
§ 2.2-3705.4. Exclusions to application of
chapter; educational records and certain records of educational
institutions.
§ 2.2-3705.5. Exclusions to application of
chapter; health and social services records.
§ 2.2-3705.6. Exclusions to application of
chapter; proprietary records and trade secrets.
§ 2.2-3705.7. Exclusions to application of
chapter; records of specific public bodies and certain other
limited exemptions.
§ 2.2-3705.8. Limitation on record
exclusions.
§ 2.2-3706. Disclosure of criminal records;
limitations.
§ 2.2-3707. Meetings to be public; notice of
meetings; recordings; minutes.
§ 2.2-3707.01. Meetings of the General
Assembly.
§ 2.2-3707.1. Posting of minutes for state
boards and commissions.
§ 2.2-3708. Electronic communication
meetings.
§ 2.2-3709. (Effective until July 1, 2005)
Meetings of Board of Visitors of the University of Virginia.
§ 2.2-3710. Transaction of public business
other than by votes at meetings prohibited.
§ 2.2-3711. Closed meetings authorized for
certain limited purposes.
§ 2.2-3712. Closed meetings procedures;
certification of proceedings.
§ 2.2-3713. Proceedings for enforcement of
chapter.
§ 2.2-3714. Violations and
penalties.
§ 2.2-3700. Short title;
policy.
A. This chapter may be cited as "The Virginia Freedom of
Information Act."
B. By enacting this chapter, the General Assembly ensures the
people of the Commonwealth ready access to public records in the
custody of a public body or its officers and employees, and free
entry to meetings of public bodies wherein the business of the
people is being conducted. The affairs of government are not
intended to be conducted in an atmosphere of secrecy since at all
times the public is to be the beneficiary of any action taken at
any level of government. Unless a public body or its officers or
employees specifically elect to exercise an exemption provided by
this chapter or any other statute, every meeting shall be open to
the public and all public records shall be available for inspection
and copying upon request. All public records and meetings shall be
presumed open, unless an exemption is properly invoked.
The provisions of this chapter shall be liberally construed to
promote an increased awareness by all persons of governmental
activities and afford every opportunity to citizens to witness the
operations of government. Any exemption from public access to
records or meetings shall be narrowly construed and no record shall
be withheld or meeting closed to the public unless specifically
made exempt pursuant to this chapter or other specific provision of
law. This chapter shall not be construed to discourage the free
discussion by government officials or employees of public matters
with the citizens of the Commonwealth.
All public bodies and their officers and employees shall make
reasonable efforts to reach an agreement with a requester
concerning the production of the records requested.
Any ordinance adopted by a local governing body that conflicts
with the provisions of this chapter shall be void.
§ 2.2-3701.
Definitions.
As used in this chapter, unless the context requires a different
meaning:
"Closed meeting" means a meeting from which the public is
excluded.
"Emergency" means an unforeseen circumstance rendering the
notice required by this chapter impossible or impracticable and
which circumstance requires immediate action.
"Meeting" or "meetings" means the meetings including work
sessions, when sitting physically, or through telephonic or video
equipment pursuant to §2.2-3708, as a body or
entity, or as an informal assemblage of (i) as many as three
members or (ii) a quorum, if less than three, of the constituent
membership, wherever held, with or without minutes being taken,
whether or not votes are cast, of any public body. The gathering of
employees of a public body shall not be deemed a "meeting" subject
to the provisions of this chapter.
"Open meeting" or "public meeting" means a meeting at which the
public may be present.
"Public body" means any legislative body, authority, board,
bureau, commission, district or agency of the Commonwealth or of
any political subdivision of the Commonwealth, including cities,
towns and counties, municipal councils, governing bodies of
counties, school boards and planning commissions; boards of
visitors of public institutions of higher education; and other
organizations, corporations or agencies in the Commonwealth
supported wholly or principally by public funds. It shall include
(i) the Virginia Birth-Related Neurological Injury Compensation
Program and its board of directors established pursuant to Chapter
50 (§38.2-5000 et seq.) of Title 38.2 and (ii) any committee,
subcommittee, or other entity however designated, of the public
body created to perform delegated functions of the public body or
to advise the public body. It shall not exclude any such committee,
subcommittee or entity because it has private sector or citizen
members. Corporations organized by the Virginia Retirement System
are "public bodies" for purposes of this chapter.
For the purposes of the provisions of this chapter applicable to
access to public records, constitutional officers shall be
considered public bodies and, except as otherwise expressly
provided by law, shall have the same obligations to disclose public
records as other custodians of public records.
"Public records" means all writings and recordings that consist
of letters, words or numbers, or their equivalent, set down by
handwriting, typewriting, printing, photostatting, photography,
magnetic impulse, optical or magneto-optical form, mechanical or
electronic recording or other form of data compilation, however
stored, and regardless of physical form or characteristics,
prepared or owned by, or in the possession of a public body or its
officers, employees or agents in the transaction of public
business.
"Scholastic records" means those records containing information
directly related to a student and maintained by a public body that
is an educational agency or institution or by a person acting for
such agency or institution.
§ 2.2-3702. Notice of
chapter.
Any person elected, reelected, appointed or reappointed to any
body not excepted from this chapter shall (i) be furnished by the
public body's administrator or legal counsel with a copy of this
chapter within two weeks following election, reelection,
appointment or reappointment and (ii) read and become familiar with
the provisions of this 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 facility.
A. The provisions of this chapter shall not apply to:
1. The Virginia Parole Board, except that (i) information from
the Virginia Parole Board providing the number of inmates
considered by such Board for discretionary parole, the number of
inmates granted or denied parole, and the number of parolees
returned to the custody of the Department of Corrections solely as
a result of a determination by such Board of a violation of parole
shall be open to inspection and available for release, on a monthly
basis, as provided by § 2.2-3704 and (ii)
all records concerning the finances of the Virginia Parole Board
shall be public records and subject to the provisions of this
chapter. The information required by clause (i) shall be furnished
by offense, sex, race, age of the inmate, and the locality in which
the conviction was obtained, upon the request of the party seeking
the information;
2. Petit juries and grand juries;
3. Family assessment and planning teams established pursuant to
§ 2.2-5207; and
4. The Virginia State Crime Commission.
B. Public access to voter registration and election records
shall be governed by the provisions of Title 24.2 and this chapter.
The provisions of Title 24.2 shall be controlling in the event of
any conflict.
C. No provision of this chapter or Chapter 21 (§ 30-178 et
seq.) of Title 30 shall be construed to afford any rights to any
person incarcerated in a state, local or federal correctional
facility, whether or not such facility is (i) located in the
Commonwealth or (ii) operated pursuant to the Corrections Private
Management Act (§ 53.1-261 et seq.). However, this subsection
shall not be construed to prevent an incarcerated person from
exercising his constitutionally protected rights, including, but
not limited to, his rights to call for evidence in his favor in a
criminal prosecution.
§ 2.2-3704. Public records to
be open to inspection; procedure for requesting records and
responding to request; charges.
A. Except as otherwise specifically provided by law, all public
records shall be open to inspection and copying by any citizens of
the Commonwealth during the regular office hours of the custodian
of such records. Access to such records shall not be denied to
citizens of the Commonwealth, representatives of newspapers and
magazines with circulation in the Commonwealth, and representatives
of radio and television stations broadcasting in or into the
Commonwealth. The custodian may require the requester to provide
his name and legal address. The custodian of such records shall
take all necessary precautions for their preservation and
safekeeping.
B. A request for public records shall identify the requested
records with reasonable specificity. The request need not make
reference to this chapter in order to invoke the provisions of this
chapter or to impose the time limits for response by a public body.
Any public body that is subject to this chapter and that is the
custodian of the requested records shall promptly, but in all cases
within five working days of receiving a request, make one of the
following responses:
1. The requested records will be provided to the requester.
2. The requested records will be entirely withheld because their
release is prohibited by law or the custodian has exercised his
discretion to withhold the records in accordance with this chapter.
Such response shall (i) be in writing, (ii) identify with
reasonable particularity the volume and subject matter of withheld
records, and (iii) cite, as to each category of withheld records,
the specific Code section that authorizes the withholding of the
records.
3. The requested records will be provided in part and withheld
in part because the release of part of the records is prohibited by
law or the custodian has exercised his discretion to withhold a
portion of the records in accordance with this chapter. Such
response shall (i) be in writing, (ii) identify with reasonable
particularity the subject matter of withheld portions, and (iii)
cite, as to each category of withheld records, the specific Code
section that authorizes the withholding of the records. When a
portion of a requested record is withheld, the public body may
delete or excise only that portion of the record to which an
exemption applies and shall release the remainder of the
record.
4. It is not practically possible to provide the requested
records or to determine whether they are available within the
five-work-day period. Such response shall be in writing and specify
the conditions that make a response impossible. If the response is
made within five working days, the public body shall have an
additional seven work days in which to provide one of the three
preceding responses.
C. Any public body may petition the appropriate court for
additional time to respond to a request for records when the
request is for an extraordinary volume of records and a response by
the public body within the time required by this chapter will
prevent the public body from meeting its operational
responsibilities. Before proceeding with the petition, however, the
public body shall make reasonable efforts to reach an agreement
with the requester concerning the production of the records
requested.
D. Subject to the provisions of subsections G and J, no public
body shall be required to create a new record if the record does
not already exist. However, a public body may abstract or summarize
information under such terms and conditions as agreed between the
requester and the public body.
E. Failure to respond to a request for records shall be deemed a
denial of the request and shall constitute a violation of this
chapter.
F. A public body may make reasonable charges not to exceed its
actual cost incurred in accessing, duplicating, supplying, or
searching for the requested records. No public body shall impose
any extraneous, intermediary or surplus fees or expenses to recoup
the general costs associated with creating or maintaining records
or transacting the general business of the public body. Any
duplicating fee charged by a public body shall not exceed the
actual cost of duplication. The public body may also make a
reasonable charge for the cost incurred in supplying records
produced from a geographic information system at the request of
anyone other than the owner of the land that is the subject of the
request. However, such charges shall not exceed the actual cost to
the public body in supplying such records, except that the public
body may charge, on a pro rata per acre basis, for the cost of
creating topographical maps developed by the public body, for such
maps or portions thereof, which encompass a contiguous area greater
than 50 acres. All charges for the supplying of requested records
shall be estimated in advance at the request of the citizen.
G. Public records maintained by a public body in an electronic
data processing system, computer database, or any other structured
collection of data shall be made available to a requester at a
reasonable cost, not to exceed the actual cost in accordance with
subsection F. When electronic or other databases are combined or
contain exempt and nonexempt records, the public body may provide
access to the exempt records if not otherwise prohibited by law,
but shall provide access to the nonexempt records as provided by
this chapter.
Public bodies shall produce nonexempt records maintained in an
electronic database in any tangible medium identified by the
requester, including, where the public body has the capability, the
option of posting the records on a website or delivering the
records through an electronic mail address provided by the
requester, if that medium is used by the public body in the regular
course of business. No public body shall be required to produce
records from an electronic database in a format not regularly used
by the public body. However, the public body shall make reasonable
efforts to provide records in any format under such terms and
conditions as agreed between the requester and public body,
including the payment of reasonable costs. The excision of exempt
fields of information from a database or the conversion of data
from one available format to another shall not be deemed the
creation, preparation or compilation of a new public record.
H. In any case where a public body determines in advance that
charges for producing the requested records are likely to exceed
$200, the public body may, before continuing to process the
request, require the requester to agree to payment of a deposit not
to exceed the amount of the advance determination. The deposit
shall be credited toward the final cost of supplying the requested
records. The period within which the public body shall respond
under this section shall be tolled for the amount of time that
elapses between notice of the advance determination and the
response of the requester.
I. Before processing a request for records, a public body may
require the requester to pay any amounts owed to the public body
for previous requests for records that remain unpaid 30 days or
more after billing.
J. Every public body of state government shall compile, and
annually update, an index of computer databases that contains at a
minimum those databases created by them on or after July 1, 1997.
"Computer database" means a structured collection of data or
records residing in a computer. Such index shall be a public record
and shall include, at a minimum, the following information with
respect to each database listed therein: a list of data fields, a
description of the format or record layout, the date last updated,
a list of any data fields to which public access is restricted, a
description of each format in which the database can be copied or
reproduced using the public body's computer facilities, and a
schedule of fees for the production of copies in each available
form. The form, context, language, and guidelines for the indices
and the databases to be indexed shall be developed by the Virginia
Information Technologies Agency in consultation with the Librarian
of Virginia and the State Archivist. The public body shall not be
required to disclose its software security, including
passwords.
§ 2.2-3704.1. Posting of
notice of rights and responsibilities by state public bodies;
assistance by the Freedom of Information Advisory Council.
A. All state public bodies created in the executive branch of
state government and subject to the provisions of this chapter
shall make available the following information to the public upon
request and shall post such information on the Internet:
1. A plain English explanation of the rights of a requester
under this chapter, the procedures to obtain public records from
the public body, and the responsibilities of the public body in
complying with this chapter. For purposes of this subdivision
"plain English" means written in nontechnical, readily
understandable language using words of common everyday usage and
avoiding legal terms and phrases or other terms and words of art
whose usage or special meaning primarily is limited to a particular
field or profession;
2. Contact information for the person designated by the public
body to (i) assist a requester in making a request for records or
(ii) respond to requests for public records; and
3. Any policy the public body has concerning the type of public
records it routinely withholds from release as permitted by this
chapter.
B. The Freedom of Information Advisory Council, created pursuant
to § 30-178, shall assist in the development and
implementation of the provisions of subsection A, upon request.
§ 2.2-3705.1. Exclusions to
application of chapter; exclusions of general application to public
bodies.
The following records are excluded from the provisions of this
chapter but may be disclosed by the custodian in his discretion,
except where such disclosure is prohibited by law:
1. Personnel records containing information concerning
identifiable individuals, except that access shall not be denied to
the person who is the subject thereof. Any person who is the
subject of any personnel record and who is 18 years of age or older
may waive, in writing, the protections afforded by this
subdivision. If the protections are so waived, the public body
shall open such records for inspection and copying.
2. Written advice of legal counsel to state, regional or local
public bodies or the officers or employees of such public bodies,
and any other records protected by the attorney-client
privilege.
3. Legal memoranda and other work product compiled specifically
for use in litigation or for use in an active administrative
investigation concerning a matter that is properly the subject of a
closed meeting under § 2.2-3711.
4. Any test or examination used, administered or prepared by any
public body for purposes of evaluation of (i) any student or any
student's performance, (ii) any employee or employment seeker's
qualifications or aptitude for employment, retention, or promotion,
or (iii) qualifications for any license or certificate issued by a
public body.
As used in this subdivision, "test or examination" shall include
(a) any scoring key for any such test or examination and (b) any
other document that would jeopardize the security of the test or
examination. Nothing contained in this subdivision shall prohibit
the release of test scores or results as provided by law, or limit
access to individual records as provided by law. However, the
subject of such employment tests shall be entitled to review and
inspect all records relative to his performance on such employment
tests.
When, in the reasonable opinion of such public body, any such
test or examination no longer has any potential for future use, and
the security of future tests or examinations will not be
jeopardized, the test or examination shall be made available to the
public. However, minimum competency tests administered to public
school children shall be made available to the public
contemporaneously with statewide release of the scores of those
taking such tests, but in no event shall such tests be made
available to the public later than six months after the
administration of such tests.
5. Records recorded in or compiled exclusively for use in closed
meetings lawfully held pursuant to § 2.2-3711. However, no record that is otherwise open to
inspection under this chapter shall be deemed exempt by virtue of
the fact that it has been reviewed or discussed in a closed
meeting.
6. Vendor proprietary information software that may be in the
official records of a public body. For the purpose of this
subdivision, "vendor proprietary software" means computer programs
acquired from a vendor for purposes of processing data for agencies
or political subdivisions of the Commonwealth.
7. Computer software developed by or for a state agency,
state-supported institution of higher education or political
subdivision of the Commonwealth.
8. Appraisals and cost estimates of real property subject to a
proposed purchase, sale or lease, prior to the completion of such
purchase, sale or lease.
9. Records concerning reserves established in specific claims
administered by the Department of the Treasury through its Division
of Risk Management as provided in Article 5 (§ 2.2-1832 et
seq.) of Chapter 18 of this title, or by any county, city, or town;
and investigative notes, correspondence and information furnished
in confidence with respect to an investigation of a claim or a
potential claim against a public body's insurance policy or
self-insurance plan. However, nothing in this subdivision shall
prohibit the disclosure of information taken from inactive reports
upon expiration of the period of limitations for the filing of a
civil suit.
10. Personal information, as defined in § 2.2-3801,
including electronic mail addresses, furnished to a public body for
the purpose of receiving electronic mail from the public body,
provided that the electronic mail recipient has requested that the
public body not disclose such information. However, access shall
not be denied to the person who is the subject of the record.
11. Communications and materials required to be kept
confidential pursuant to § 2.2-4119 of the Virginia
Administrative Dispute Resolution Act (§ 2.2-4115 et
seq.).
12. Records relating to the negotiation and award of a specific
contract where competition or bargaining is involved and where the
release of such records would adversely affect the bargaining
position or negotiating strategy of the public body. Such records
shall not be withheld after the public body has made a decision to
award or not to award the contract. In the case of procurement
transactions conducted pursuant to the Virginia Public Procurement
Act (§ 2.2-4300 et seq.), the provisions of this subdivision
shall not apply, and any release of records relating to such
transactions shall be governed by the Virginia Public Procurement
Act.
§ 2.2-3705.2. Exclusions to
application of chapter; records relating to public safety.
The following records are excluded from the provisions of this
chapter but may be disclosed by the custodian in his discretion,
except where such disclosure is prohibited by law:
1. Confidential records, including victim identity, provided to
or obtained by staff in a rape crisis center or a program for
battered spouses.
2. Those portions of engineering and construction drawings and
plans submitted for the sole purpose of complying with the Building
Code in obtaining a building permit that would identify specific
trade secrets or other information, the disclosure of which would
be harmful to the competitive position of the owner or lessee.
However, such information shall be exempt only until the building
is completed. Information relating to the safety or environmental
soundness of any building shall not be exempt from disclosure.
Those portions of engineering and construction drawings and
plans that reveal critical structural components, security
equipment and systems, ventilation systems, fire protection
equipment, mandatory building emergency equipment or systems,
elevators, electrical systems, telecommunications equipment and
systems, and other utility equipment and systems submitted for the
purpose of complying with the Uniform Statewide Building Code
(§ 36-97 et seq.) or the Statewide Fire Prevention Code
(§ 27-94 et seq.), the disclosure of which would jeopardize
the safety or security of any public or private commercial office,
multifamily residential or retail building or its occupants in the
event of terrorism or other threat to public safety, to the extent
that the owner or lessee of such property, equipment or system in
writing (i) invokes the protections of this paragraph; (ii)
identifies the drawings, plans, or other materials to be protected;
and (iii) states the reasons why protection is necessary.
Nothing in this subdivision shall prevent the disclosure of
information relating to any building in connection with an inquiry
into the performance of that building after it has been subjected
to fire, explosion, natural disaster or other catastrophic
event.
3. Documentation or other information that describes the design,
function, operation or access control features of any security
system, whether manual or automated, which is used to control
access to or use of any automated data processing or
telecommunications system.
4. Plans and information to prevent or respond to terrorist
activity, the disclosure of which would jeopardize the safety of
any person, including (i) critical infrastructure sector or
structural components; (ii) vulnerability assessments, operational,
procedural, transportation, and tactical planning or training
manuals, and staff meeting minutes or other records; and (iii)
engineering or architectural records, or records containing
information derived from such records, to the extent such records
reveal the location or operation of security equipment and systems,
elevators, ventilation, fire protection, emergency, electrical,
telecommunications or utility equipment and systems of any public
building, structure or information storage facility, or
telecommunications or utility equipment or systems. The same
categories of records of any governmental or nongovernmental person
or entity submitted to a public body for the purpose of
antiterrorism response planning may be withheld from disclosure if
such person or entity in writing (a) invokes the protections of
this subdivision, (b) identifies with specificity the records or
portions thereof for which protection is sought, and (c) states
with reasonable particularity why the protection of such records
from public disclosure is necessary to meet the objective of
antiterrorism planning or protection. Such statement shall be a
public record and shall be disclosed upon request. Nothing in this
subdivision shall be construed to prohibit the disclosure of
records relating to the structural or environmental soundness of
any building, nor shall it prevent the disclosure of information
relating to any building in connection with an inquiry into the
performance of that building after it has been subjected to fire,
explosion, natural disaster or other catastrophic event.
5. Information that would disclose the security aspects of a
system safety program plan adopted pursuant to 49 C.F.R. Part 659
by the Commonwealth's designated Rail Fixed Guideway Systems Safety
Oversight agency; and information in the possession of such agency,
the release of which would jeopardize the success of an ongoing
investigation of a rail accident or other incident threatening
railway safety.
6. Engineering and architectural drawings, operational,
procedural, tactical planning or training manuals, or staff meeting
minutes or other records, the disclosure of which would reveal
surveillance techniques, personnel deployments, alarm or security
systems or technologies, or operational and transportation plans or
protocols, to the extent such disclosure would jeopardize the
security of any governmental facility, building or structure or the
safety of persons using such facility, building or structure.
7. Security plans and specific assessment components of school
safety audits, as provided in § 22.1-279.8.
Nothing in this subdivision shall be construed to prohibit the
disclosure of records relating to the effectiveness of security
plans after (i) any school building or property has been subjected
to fire, explosion, natural disaster or other catastrophic event,
or (ii) any person on school property has suffered or been
threatened with any personal injury.
8. (Expires July 1, 2006) Records of the Virginia Commission on
Military Bases created by the Governor pursuant to Executive Order
No. 49 (2003), to the extent that such records contain information
relating to vulnerabilities of military bases located in Virginia
and strategies under consideration or developed by the Commission
to limit the effect of or to prevent the realignment or closure of
federal military bases located in Virginia.
9. Records of the Commitment Review Committee concerning the
mental health assessment of an individual subject to commitment as
a sexually violent predator under Article 1.1 (§ 37.1-70.1 et
seq.) of Chapter 2 of Title 37.1; except that in no case shall
records identifying the victims of a sexually violent predator be
disclosed.
10. Subscriber data, which for the purposes of this subdivision,
means the name, address, telephone number, and any other
information identifying a subscriber of a telecommunications
carrier, provided directly or indirectly by a telecommunications
carrier to a public body that operates a 911 or E-911 emergency
dispatch system or an emergency notification or reverse 911 system,
if the data is in a form not made available by the
telecommunications carrier to the public generally. Nothing in this
subdivision shall prevent the release of subscriber data generated
in connection with specific calls to a 911 emergency system, where
the requester is seeking to obtain public records about the use of
the system in response to a specific crime, emergency or other
event as to which a citizen has initiated a 911 call.
§ 2.2-3705.3. Exclusions to
application of chapter; records relating to administrative
investigations.
The following records are excluded from the provisions of this
chapter but may be disclosed by the custodian in his discretion,
except where such disclosure is prohibited by law:
1. Confidential records of all investigations of applications
for licenses and permits, and of all licensees and permittees, made
by or submitted to the Alcoholic Beverage Control Board, the State
Lottery Department, the Virginia Racing Commission, the Department
of Charitable Gaming, or the Private Security Services Unit of the
Department of Criminal Justice Services.
2. Records of active investigations being conducted by the
Department of Health Professions or by any health regulatory board
in the Commonwealth.
3. Investigator notes, and other correspondence and information,
furnished in confidence with respect to an active investigation of
individual employment discrimination complaints made to the
Department of Human Resource Management or to such personnel of any
local public body, including local school boards as are responsible
for conducting such investigations in confidence. However, nothing
in this section shall prohibit the disclosure of information taken
from inactive reports in a form that does not reveal the identity
of charging parties, persons supplying the information or other
individuals involved in the investigation.
4. Records of active investigations being conducted by the
Department of Medical Assistance Services pursuant to Chapter 10
(§ 32.1-323 et seq.) of Title 32.1.
5. Investigative notes and other correspondence and information
furnished in confidence with respect to an investigation or
conciliation process involving an alleged unlawful discriminatory
practice under the Virginia Human Rights Act (§ 2.2-3900 et
seq.) or under any local ordinance adopted in accordance with the
authority specified in § 2.2-2638, or adopted pursuant to
§ 15.2-965, or adopted prior to July 1, 1987, in accordance
with applicable law, relating to local human rights or human
relations commissions. However, nothing in this section shall
prohibit the distribution of information taken from inactive
reports in a form that does not reveal the identity of the parties
involved or other persons supplying information.
6. Records of studies and investigations by the State Lottery
Department of (i) lottery agents, (ii) lottery vendors, (iii)
lottery crimes under §§ 58.1-4014 through 58.1-4018, (iv)
defects in the law or regulations that cause abuses in the
administration and operation of the lottery and any evasions of
such provisions, or (v) the use of the lottery as a subterfuge for
organized crime and illegal gambling where such official records
have not been publicly released, published or copyrighted. All
studies and investigations referred to under clauses (iii), (iv)
and (v) shall be open to inspection and copying upon completion of
the study or investigation.
7. Investigative notes, correspondence and information furnished
in confidence, and records otherwise exempted by this chapter or
any Virginia statute, provided to or produced by or for the (i)
Auditor of Public Accounts; (ii) Joint Legislative Audit and Review
Commission; (iii) Department of the State Internal Auditor with
respect to an investigation initiated through the State Employee
Fraud, Waste and Abuse Hotline; (iv) committee or the auditor with
respect to an investigation or audit conducted pursuant to §
15.2-825; or (v) auditors, appointed by the local governing body of
any county, city or town or a school board, who by charter,
ordinance, or statute have responsibility for conducting an
investigation of any officer, department or program of such body.
Records of completed investigations shall be disclosed in a form
that does not reveal the identity of the complainants or persons
supplying information to investigators. Unless disclosure is
prohibited by this section, the records disclosed shall include,
but not be limited to, the agency involved, the identity of the
person who is the subject of the complaint, the nature of the
complaint, and the actions taken to resolve the complaint. If an
investigation does not lead to corrective action, the identity of
the person who is the subject of the complaint may be released only
with the consent of the subject person. Local governing bodies
shall adopt guidelines to govern the disclosure required by this
subdivision.
8. Records of the Virginia Office for Protection and Advocacy
consisting of documentary evidence received or maintained by the
Office or its agents in connection with specific complaints or
investigations, and records of communications between employees and
agents of the Office and its clients or prospective clients
concerning specific complaints, investigations or cases. Upon the
conclusion of an investigation of a complaint, this exclusion shall
no longer apply, but the Office may not at any time release the
identity of any complainant or person with mental illness, mental
retardation, developmental disabilities or other disability, unless
(i) such complainant or person or his legal representative consents
in writing to such identification or (ii) such identification is
required by court order.
9. Information furnished in confidence to the Department of
Employment Dispute Resolution with respect to an investigation,
consultation, or mediation under Chapter 10 (§ 2.2-1000 et
seq.) of this title, and memoranda, correspondence and other
records resulting from any such investigation, consultation or
mediation. However, nothing in this section shall prohibit the
distribution of information taken from inactive reports in a form
that does not reveal the identity of the parties involved or other
persons supplying information.
10. The names, addresses and telephone numbers of complainants
furnished in confidence with respect to an investigation of
individual zoning enforcement complaints made to a local governing
body.
§ 2.2-3705.4. Exclusions to
application of chapter; educational records and certain records of
educational institutions.
The following records are excluded from the provisions of this
chapter but may be disclosed by the custodian in his discretion,
except where such disclosure is prohibited by law:
1. Scholastic records containing information concerning
identifiable individuals, except that such access shall not be
denied to the person who is the subject thereof, or the parent or
legal guardian of the student. However, no student shall have
access to (i) financial records of a parent or guardian or (ii)
records of instructional, supervisory, and administrative personnel
and educational personnel ancillary thereto, that are in the sole
possession of the maker thereof and that are not accessible or
revealed to any other person except a substitute.
The parent or legal guardian of a student may prohibit, by
written request, the release of any individual information
regarding that student until the student reaches the age of 18
years. For scholastic records of students under the age of 18
years, the right of access may be asserted only by his legal
guardian or parent, including a noncustodial parent, unless such
parent's parental rights have been terminated or a court of
competent jurisdiction has restricted or denied such access. For
scholastic records of students who are emancipated or attending a
state-supported institution of higher education, the right of
access may be asserted by the student.
Any person who is the subject of any scholastic record and who
is 18 years of age or older may waive, in writing, the protections
afforded by this subdivision. If the protections are so waived, the
public body shall open such records for inspection and copying.
2. Confidential letters and statements of recommendation placed
in the records of educational agencies or institutions respecting
(i) admission to any educational agency or institution, (ii) an
application for employment, or (iii) receipt of an honor or
honorary recognition.
3. Data, records or information of a proprietary nature produced
or collected by or for faculty or staff of public institutions of
higher education, other than the institutions' financial or
administrative records, in the conduct of or as a result of study
or research on medical, scientific, technical or scholarly issues,
whether sponsored by the institution alone or in conjunction with a
governmental body or a private concern, where such data, records or
information has not been publicly released, published, copyrighted
or patented.
4. All records of the University of Virginia or the University
of Virginia Medical Center or Eastern Virginia Medical School, as
the case may be, that contain proprietary, business-related
information pertaining to the operations of the University of
Virginia Medical Center or Eastern Virginia Medical School, as the
case may be, including business development or marketing strategies
and activities with existing or future joint venturers, partners,
or other parties with whom the University of Virginia Medical
Center or Eastern Virginia Medical School, as the case may be, has
formed, or forms, any arrangement for the delivery of health care,
if disclosure of such information would be harmful to the
competitive position of the Medical Center or Eastern Virginia
Medical School, as the case may be.
5. Personal information, as defined in § 2.2-3801, provided
to the Board of the Virginia College Savings Plan or its employees
by or on behalf of individuals who have requested information
about, applied for, or entered into prepaid tuition contracts or
savings trust account agreements pursuant to Chapter 4.9 (§
23-38.75 et seq.) of Title 23. Nothing in this subdivision shall be
construed to prohibit disclosure or publication of information in a
statistical or other form that does not identify individuals or
provide personal information. Individuals shall be provided access
to their own personal information.
§ 2.2-3705.5. Exclusions to
application of chapter; health and social services records.
The following records are excluded from the provisions of this
chapter but may be disclosed by the custodian in his discretion,
except where such disclosure is prohibited by law:
1. Health records, except that such records may be personally
reviewed by the individual who is the subject of such records, as
provided in subsection F of § 32.1-127.1:03.
Where the person who is the subject of medical records is
confined in a state or local correctional facility, the
administrator or chief medical officer of such facility may assert
such confined person's right of access to the medical records if
the administrator or chief medical officer has reasonable cause to
believe that such confined person has an infectious disease or
other medical condition from which other persons so confined need
to be protected. Medical records shall only be reviewed and shall
not be copied by such administrator or chief medical officer. The
information in the medical records of a person so confined shall
continue to be confidential and shall not be disclosed by the
administrator or chief medical officer of the facility to any
person except the subject or except as provided by law.
Where the person who is the subject of medical and mental
records is under the age of 18, his right of access may be asserted
only by his guardian or his parent, including a noncustodial
parent, unless such parent's parental rights have been terminated
or a court of competent jurisdiction has restricted or denied such
access. In instances where the person who is the subject thereof is
an emancipated minor or a student in a public institution of higher
education, the right of access may be asserted by the subject
person.
For the purposes of this chapter, statistical summaries of
incidents and statistical data concerning patient abuse as may be
compiled by the Commissioner of the Department of Mental Health,
Mental Retardation and Substance Abuse Services shall be open to
inspection and copying as provided in § 2.2-3704. No such summaries or data shall include any
patient-identifying information.
2. Applications for admission to examinations or for licensure
and scoring records maintained by the Department of Health
Professions or any board in that department on individual licensees
or applicants. However, such material may be made available during
normal working hours for copying, at the requester's expense, by
the individual who is the subject thereof, in the offices of the
Department of Health Professions or in the offices of any health
regulatory board, whichever may possess the material.
3. Reports, documentary evidence and other information as
specified in §§ 2.2-706 and 63.2-104.
4. Investigative notes; proprietary information not published,
copyrighted or patented; information obtained from employee
personnel records; personally identifiable information regarding
residents, clients or other recipients of services; and other
correspondence and information furnished in confidence to the
Department of Social Services in connection with an active
investigation of an applicant or licensee pursuant to Chapters 17
(§ 63.2-1700 et seq.) and 18 (§ 63.2-1800 et seq.) of
Title 63.2. However, nothing in this section shall prohibit
disclosure of information from the records of completed
investigations in a form that does not reveal the identity of
complainants, persons supplying information, or other individuals
involved in the investigation.
5. Information and records collected for the designation and
verification of trauma centers and other specialty care centers
within the Statewide Emergency Medical Services System and Services
pursuant to Article 2.1 (§ 32.1-111.1 et seq.) of Chapter 4 of
Title 32.1.
6. Reports and court documents relating to involuntary admission
required to be kept confidential pursuant to § 37.1-67.3.
7. Data formerly required to be submitted to the Commissioner of
Health relating to the establishment of new or the expansion of
existing clinical health services, acquisition of major medical
equipment, or certain projects requiring capital expenditures
pursuant to former § 32.1-102.3:4.
8. Information required to be provided to the Department of
Health Professions by certain licensees pursuant to §
54.1-2506.1.
9. All information and records acquired during a review of any
child death by the State Child Fatality Review team established
pursuant to § 32.1-283.1, during a review of any child death
by a local or regional child fatality review team established
pursuant to § 32.1-283.2, and all information and records
acquired during a review of any death by a family violence fatality
review team established pursuant to § 32.1-283.3.
10. Patient level data collected by the Board of Health and not
yet processed, verified, and released, pursuant to §
32.1-276.9, to the Board by the nonprofit organization with which
the Commissioner of Health has contracted pursuant to §
32.1-276.4.
11. Records of the Intervention Program Committee within the
Department of Health Professions, to the extent such records may
identify any practitioner who may be, or who is actually, impaired
to the extent disclosure is prohibited by § 54.1-2517.
12. Records submitted as a grant application, or accompanying a
grant application, to the Commonwealth Neurotrauma Initiative
Advisory Board pursuant to Chapter 3.1 (§ 51.5-12.1 et seq.)
of Title 51.5, to the extent such records contain (i) medical or
mental records, or other data identifying individual patients or
(ii) proprietary business or research-related information produced
or collected by the applicant in the conduct of or as a result of
study or research on medical, rehabilitative, scientific, technical
or scholarly issues, when such information has not been publicly
released, published, copyrighted or patented, if the disclosure of
such information would be harmful to the competitive position of
the applicant.
13. Any record copied, recorded or received by the Commissioner
of Health in the course of an examination, investigation or review
of a managed care health insurance plan licensee pursuant to
§§ 32.1-137.4 and 32.1-137.5, including books, records,
files, accounts, papers, documents, and any or all computer or
other recordings.
14. Records, information and statistical registries required to
be kept confidential pursuant to §§ 63.2-102 and
63.2-104.
15. (For effective date - See note) All data, records, and
reports relating to the prescribing and dispensing of covered
substances to recipients and any abstracts from such data, records,
and reports that are in the possession of the Prescription
Monitoring Program pursuant to Chapter 25.2 (§ 54.1-2519 et
seq.) of Title 54.1 and any material relating to the operation or
security of the Program.
16. Records of the Virginia Birth-Related Neurological Injury
Compensation Program required to be kept confidential pursuant to
§ 38.2-5002.2.
17. Records of the State Health Commissioner relating to the
health of any person or persons subject to an order of quarantine
or an order of isolation pursuant to Article 3.02 (§
32.1-48.05 et seq.) of Chapter 2 of Title 32.1; this provision
shall not, however, be construed to prohibit the disclosure of
statistical summaries, abstracts or other information in aggregate
form.
18. Records containing the names and addresses or other contact
information of persons receiving transportation services from a
state or local public body or its designee under Title II of the
Americans with Disabilities Act, (42 U.S.C. § 12131 et seq.)
or funded by Temporary Assistance for Needy Families (TANF) created
under § 63.2-600.
§ 2.2-3705.6. Exclusions to
application of chapter; proprietary records and trade
secrets.
The following records are excluded from the provisions of this
chapter but may be disclosed by the custodian in his discretion,
except where such disclosure is prohibited by law:
1. Proprietary information gathered by or for the Virginia Port
Authority as provided in § 62.1-132.4 or §
62.1-134.1.
2. Financial statements not publicly available filed with
applications for industrial development financings in accordance
with Chapter 49 (§ 15.2-4900 et seq.) of Title 15.2.
3. Confidential proprietary records, voluntarily provided by
private business pursuant to a promise of confidentiality from the
Department of Business Assistance, the Virginia Economic
Development Partnership, the Virginia Tourism Authority, or local
or regional industrial or economic development authorities or
organizations, used by the Department, the Partnership, the
Authority, or such entities for business, trade and tourism
development; and memoranda, working papers or other records related
to businesses that are considering locating or expanding in
Virginia, prepared by such entities, where competition or
bargaining is involved and where, if such records are made public,
the financial interest of the governmental unit would be adversely
affected.
4. Information that was filed as confidential under the Toxic
Substances Information Act (§ 32.1-239 et seq.), as such Act
existed prior to July 1, 1992.
5. Fisheries data that would permit identification of any person
or vessel, except when required by court order as specified in
§ 28.2-204.
6. Confidential financial statements, balance sheets, trade
secrets, and revenue and cost projections provided to the
Department of Rail and Public Transportation, provided such
information is exempt under the federal Freedom of Information Act
or the federal Interstate Commerce Act or other laws administered
by the Surface Transportation Board or the Federal Railroad
Administration with respect to data provided in confidence to the
Surface Transportation Board and the Federal Railroad
Administration.
7. Confidential proprietary records related to inventory and
sales, voluntarily provided by private energy suppliers to the
Department of Mines, Minerals and Energy, used by that Department
for energy contingency planning purposes or for developing
consolidated statistical information on energy supplies.
8. Confidential proprietary information furnished to the Board
of Medical Assistance Services or the Medicaid Prior Authorization
Advisory Committee pursuant to Article 4 (§ 32.1-331.12 et
seq.) of Chapter 10 of Title 32.1.
9. Proprietary, commercial or financial information, balance
sheets, trade secrets, and revenue and cost projections provided by
a private transportation business to the Virginia Department of
Transportation and the Department of Rail and Public Transportation
for the purpose of conducting transportation studies needed to
obtain grants or other financial assistance under the
Transportation Equity Act for the 21st Century (P.L. 105-178) for
transportation projects, provided such information is exempt under
the federal Freedom of Information Act or the federal Interstate
Commerce Act or other laws administered by the Surface
Transportation Board or the Federal Railroad Administration with
respect to data provided in confidence to the Surface
Transportation Board and the Federal Railroad Administration.
However, the exemption provided by this subdivision shall not apply
to any wholly owned subsidiary of a public body.
10. Confidential information designated as provided in
subsection D of § 2.2-4342 as trade secrets or proprietary
information by any person who has submitted to a public body an
application for prequalification to bid on public construction
projects in accordance with subsection B of § 2.2-4317.
11. Confidential proprietary records that are voluntarily
provided by a private entity pursuant to a proposal filed with a
public entity or an affected local jurisdiction 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.), pursuant to a promise of
confidentiality from the responsible public entity or affected
local jurisdiction, used by the responsible public entity or
affected local jurisdiction for purposes related to the development
of a qualifying transportation facility or qualifying project; and
memoranda, working papers or other records related to proposals
filed under the Public-Private Transportation Act of 1995 or the
Public-Private Education Facilities and Infrastructure Act of 2002,
where, if such records were made public, the financial interest of
the public or private entity involved with such proposal or the
process of competition or bargaining would be adversely affected.
In order for confidential proprietary information to be excluded
from the provisions of this chapter, the private entity shall (i)
invoke such exclusion upon submission of the data or other
materials for which protection from disclosure is sought, (ii)
identify the data or other materials for which protection is
sought, and (iii) state the reasons why protection is necessary.
For the purposes of this subdivision, the terms "affected local
jurisdiction," "public entity" and "private entity" shall be
defined as they are defined in the Public-Private Transportation
Act of 1995 or in the Public-Private Education Facilities and
Infrastructure Act of 2002. However, nothing in this subdivision
shall be construed to prohibit the release of procurement records
as required by § 56-573.1 or § 56-575.16. Procurement
records shall not be interpreted to include proprietary, commercial
or financial information, balance sheets, financial statements, or
trade secrets that may be provided by the private entity as
evidence of its qualifications.
12. Confidential proprietary information or trade secrets, not
publicly available, provided by a private person or entity to the
Virginia Resources Authority or to a fund administered in
connection with financial assistance rendered or to be rendered by
the Virginia Resources Authority where, if such information were
made public, the financial interest of the private person or entity
would be adversely affected, and, after June 30, 1997, where such
information was provided pursuant to a promise of
confidentiality.
13. Confidential proprietary records that are provided by a
franchisee under § 15.2-2108 to its franchising authority
pursuant to a promise of confidentiality from the franchising
authority that relates to the franchisee's potential provision of
new services, adoption of new technologies or implementation of
improvements, where such new services, technologies or improvements
have not been implemented by the franchisee on a nonexperimental
scale in the franchise area, and where, if such records were made
public, the competitive advantage or financial interests of the
franchisee would be adversely affected. In order for confidential
proprietary information to be excluded from the provisions of this
chapter, the franchisee shall (i) invoke such exclusion upon
submission of the data or other materials for which protection from
disclosure is sought, (ii) identify the data or other materials for
which protection is sought, and (iii) state the reason why
protection is necessary.
14. Documents and other information of a proprietary nature
furnished by a supplier of charitable gaming supplies to the
Department of Charitable Gaming pursuant to subsection E of §
18.2-340.34.
15. Records and reports related to Virginia apple producer sales
provided to the Virginia State Apple Board pursuant to §§
3.1-622 and 3.1-624.
16. Trade secrets, as defined in the Uniform Trade Secrets Act
(§ 59.1-336 et seq.) of Title 59.1, submitted by CMRS
providers as defined in § 56-484.12 to the Wireless Carrier
E-911 Cost Recovery Subcommittee created pursuant to §
56-484.15, relating to the provision of wireless E-911 service.
17. Records submitted as a grant application, or accompanying a
grant application, to the Commonwealth Health Research Board
pursuant to Chapter 22 (§ 23-277 et seq.) of Title 23 to the
extent such records contain proprietary business or
research-related information produced or collected by the applicant
in the conduct of or as a result of study or research on medical,
rehabilitative, scientific, technical or scholarly issues, when
such information has not been publicly released, published,
copyrighted or patented, if the disclosure of such information
would be harmful to the competitive position of the applicant.
§ 2.2-3705.7. Exclusions to
application of chapter; records of specific public bodies and
certain other limited exemptions.
The following records are excluded from the provisions of this
chapter but may be disclosed by the custodian in his discretion,
except where such disclosure is prohibited by law:
1. State income, business, and estate tax returns, personal
property tax returns, scholastic and confidential records held
pursuant to § 58.1-3.
2. Working papers and correspondence of the Office of the
Governor; Lieutenant Governor; the Attorney General; the members of
the General Assembly or the Division of Legislative Services; the
mayor or chief executive officer of any political subdivision of
the Commonwealth; or the president or other chief executive officer
of any public institution of higher education in Virginia. However,
no record, which is otherwise open to inspection under this
chapter, shall be deemed exempt by virtue of the fact that it has
been attached to or incorporated within any working paper or
correspondence.
As used in this subdivision:
"Office of the Governor" means the Governor; his chief of staff,
counsel, director of policy, Cabinet Secretaries, and the Director
of the Virginia Liaison Office; and those individuals to whom the
Governor has delegated his authority pursuant to §
2.2-104.
"Working papers" means those records prepared by or for an
above-named public official for his personal or deliberative
use.
3. Library records that can be used to identify both (i) any
library patron who has borrowed material from a library and (ii)
the material such patron borrowed.
4. Contract cost estimates prepared for the confidential use of
the Department of Transportation in awarding contracts for
construction or the purchase of goods or services, and records and
automated systems prepared for the Department's Bid Analysis and
Monitoring Program.
5. Lists of registered owners of bonds issued by a political
subdivision of the Commonwealth, whether the lists are maintained
by the political subdivision itself or by a single fiduciary
designated by the political subdivision.
6. Records and writings furnished by a member of the General
Assembly to a meeting of a standing committee, special committee or
subcommittee of his house established solely for the purpose of
reviewing members' annual disclosure statements and supporting
materials filed under § 30-110 or of formulating advisory
opinions to members on standards of conduct, or both.
7. Customer account information of a public utility affiliated
with a political subdivision of the Commonwealth, including the
customer's name and service address, but excluding the amount of
utility service provided and the amount of money paid for such
utility service.
8. Personal information, as defined in § 2.2-3801, (i)
filed with the Virginia Housing Development Authority concerning
individuals who have applied for or received loans or other housing
assistance or who have applied for occupancy of or have occupied
housing financed, owned or otherwise assisted by the Virginia
Housing Development Authority; (ii) concerning persons
participating in or persons on the waiting list for federally
funded rent-assistance programs; (iii) filed with any local
redevelopment and housing authority created pursuant to § 36-4
concerning persons participating in or persons on the waiting list
for housing assistance programs funded by local governments or by
any such authority; or (iv) filed with any local redevelopment and
housing authority created pursuant to § 36-4 or any other
local government agency concerning persons who have applied for
occupancy or who have occupied affordable dwelling units
established pursuant to § 15.2-2304 or § 15.2-2305.
However, access to one's own information shall not be denied.
9. Records regarding the siting of hazardous waste facilities,
except as provided in § 10.1-1441, if disclosure of them would
have a detrimental effect upon the negotiating position of a
governing body or on the establishment of the terms, conditions and
provisions of the siting agreement.
10. Records containing information on the site specific location
of rare, threatened, endangered or otherwise imperiled plant and
animal species, natural communities, caves, and significant
historic and archaeological sites if, in the opinion of the public
body that has the responsibility for such information, disclosure
of the information would jeopardize the continued existence or the
integrity of the resource. This exemption shall not apply to
requests from the owner of the land upon which the resource is
located.
11. Records, memoranda, working papers, graphics, video or audio
tapes, production models, data and information of a proprietary
nature produced by or for or collected by or for the State Lottery
Department relating to matters of a specific lottery game design,
development, production, operation, ticket price, prize structure,
manner of selecting the winning ticket, manner of payment of prizes
to holders of winning tickets, frequency of drawings or selections
of winning tickets, odds of winning, advertising, or marketing,
where such official records have not been publicly released,
published, copyrighted or patented. Whether released, published or
copyrighted, all game-related information shall be subject to
public disclosure under this chapter upon the first day of sales
for the specific lottery game to which it pertains.
12. Records of the Virginia Retirement System, acting pursuant
to § 51.1-124.30, or of a local retirement system, acting
pursuant to § 51.1-803, or of the Rector and Visitors of the
University of Virginia, acting pursuant to § 23-76.1, relating
to the acquisition, holding or disposition of a security or other
ownership interest in an entity, where such security or ownership
interest is not traded on a governmentally regulated securities
exchange, to the extent that: (i) such records contain confidential
analyses prepared for the Rector and Visitors of the University of
Virginia, prepared by the retirement system or provided to the
retirement system under a promise of confidentiality, of the future
value of such ownership interest or the future financial
performance of the entity, and (ii) disclosure of such confidential
analyses would have an adverse effect on the value of the
investment to be acquired, held or disposed of by the retirement
system or the Rector and Visitors of the University of Virginia.
Nothing in this subdivision shall be construed to prevent the
disclosure of records relating to the identity of any investment
held, the amount invested, or the present value of such
investment.
13. Names and addresses of subscribers to Virginia Wildlife
magazine, published by the Department of Game and Inland Fisheries,
provided the individual subscriber has requested in writing that
the Department not release such information.
14. Financial, medical, rehabilitative and other personal
information concerning applicants for or recipients of loan funds
submitted to or maintained by the Assistive Technology Loan Fund
Authority under Chapter 11 (§ 51.5-53 et seq.) of
Title 51.5.
15. Records of the Virginia Commonwealth University Health
System Authority pertaining to any of the following: an
individual's qualifications for or continued membership on its
medical or teaching staffs; proprietary information gathered by or
in the possession of the Authority from third parties pursuant to a
promise of confidentiality; contract cost estimates prepared for
confidential use in awarding contracts for construction or the
purchase of goods or services; data, records or information of a
proprietary nature produced or collected by or for the Authority or
members of its medical or teaching staffs; financial statements not
publicly available that may be filed with the Authority from third
parties; the identity, accounts or account status of any customer
of the Authority; consulting or other reports paid for by the
Authority to assist the Authority in connection with its strategic
planning and goals; the determination of marketing and operational
strategies where disclosure of such strategies would be harmful to
the competitive position of the Authority; and data, records or
information of a proprietary nature produced or collected by or for
employees of the Authority, other than the Authority's financial or
administrative records, in the conduct of or as a result of study
or research on medical, scientific, technical or scholarly issues,
whether sponsored by the Authority alone or in conjunction with a
governmental body or a private concern, when such data, records or
information have not been publicly released, published, copyrighted
or patented.
16. Records of the Department of Environmental Quality, the
State Water Control Board, State Air Pollution Control Board or the
Virginia Waste Management Board relating to (i) active federal
environmental enforcement actions that are considered confidential
under federal law and (ii) enforcement strategies, including
proposed sanctions for enforcement actions. Upon request, such
records shall be disclosed after a proposed sanction resulting from
the investigation has been proposed to the director of the agency.
This subdivision shall not be construed to prohibit the disclosure
of records related to inspection reports, notices of violation, and
documents detailing the nature of any environmental contamination
that may have occurred or similar documents.
17. As it pertains to any person, records related to the
operation of toll facilities that identify an individual, vehicle,
or travel itinerary including, but not limited to, vehicle
identification data, vehicle enforcement system information; video
or photographic images; Social Security or other identification
numbers appearing on driver's licenses; credit card or bank account
data; home addresses; phone numbers; or records of the date or time
of toll facility use.
18. Records of the State Lottery Department pertaining to (i)
the social security number, tax identification number, state sales
tax number, home address and telephone number, personal and lottery
banking account and transit numbers of a retailer, and financial
information regarding the nonlottery operations of specific retail
locations, and (ii) individual lottery winners, except that a
winner's name, hometown, and amount won shall be disclosed.
19. Records of the Board for Branch Pilots relating to the
chemical or drug testing of a person regulated by the Board, where
such person has tested negative or has not been the subject of a
disciplinary action by the Board for a positive test result.
20. Records, investigative notes, correspondence, and
information pertaining to the planning, scheduling and performance
of examinations of holder records pursuant to the Uniform
Disposition of Unclaimed Property Act (§ 55-210.1 et seq.)
prepared by or for the State Treasurer, his agents, employees or
persons employed to perform an audit or examination of holder
records.
21. Records of the Virginia Department of Emergency Management
or a local governing body relating to citizen emergency response
teams established pursuant to an ordinance of a local governing
body, to the extent that such records reveal the name, address,
including e-mail address, telephone or pager numbers, or operating
schedule of an individual participant in the program.
22. Records of state or local park and recreation departments to
the extent such records contain information identifying a person
under the age of 18 years, where the parent or legal guardian of
such person has requested in writing that such information not be
disclosed. However, nothing in this subdivision shall operate to
prohibit the disclosure of information defined as directory
information under regulations implementing the Family Educational
Rights and Privacy Act, 20 U.S.C. § 1232g, unless the public
body has undertaken the parental notification and opt-out
requirements provided by such regulations. Access shall not be
denied to the parent, including a noncustodial parent, or guardian
of such person, unless the parent's parental rights have been
terminated or a court of competent jurisdiction has restricted or
denied such access. For records of such persons who are
emancipated, the right of access may be asserted by the subject
thereof.
§ 2.2-3705.8. Limitation on
record exclusions.
A. Neither any provision of this chapter nor any provision of
Chapter 38 (§ 2.2-3800 et seq.) of this title shall be
construed as denying public access to (i) contracts between a
public body and its officers or employees, other than contracts
settling public employee employment disputes held confidential as
personnel records under § 2.2-3705.1; (ii)
records of the position, job classification, official salary or
rate of pay of, and records of the allowances or reimbursements for
expenses paid to any officer, official or employee of a public
body; or (iii) the compensation or benefits paid by any corporation
organized by the Virginia Retirement System or its officers or
employees.
The provisions of this subsection, however, shall not require
public access to records of the official salaries or rates of pay
of public employees whose annual rate of pay is $10,000 or
less.
B. Nothing in this chapter shall be construed as denying public
access to the nonexempt portions of a report of a consultant hired
by or at the request of a local public body or the mayor or chief
executive or administrative officer of such public body if (i) the
contents of such report have been distributed or disclosed to
members of the local public body or (ii) the local public body has
scheduled any action on a matter that is the subject of the
consultant's report.
§ 2.2-3706. Disclosure of
criminal records; limitations.
A. As used in this section:
"Criminal incident information" means a general description of
the criminal activity reported, the date and general location the
alleged crime was committed, the identity of the investigating
officer, and a general description of any injuries suffered or
property damaged or stolen.
B. Law-enforcement agencies shall make available upon request
criminal incident information relating to felony offenses. However,
where the release of criminal incident information is likely to
jeopardize an ongoing investigation or prosecution, or the safety
of an individual; cause a suspect to flee or evade detection; or
result in the destruction of evidence, such information may be
withheld until the above-referenced damage is no longer likely to
occur from release of the information. Nothing in this subsection
shall be construed to prohibit the release of those portions of
such information that are not likely to cause the above-referenced
damage.
C. Information in the custody of law-enforcement agencies
relative to the identity of any individual, other than a juvenile,
who is arrested and charged, and the status of the charge or arrest
shall be released.
D. The identity of any victim, witness or undercover officer, or
investigative techniques or procedures need not but may be
disclosed unless disclosure is prohibited or restricted under
§ 19.2-11.2.
E. The identity of any individual providing information about a
crime or criminal activity under a promise of anonymity shall not
be disclosed.
F. The following records are excluded from the provisions of
this chapter, but may be disclosed by the custodian, in his
discretion, except where such disclosure is prohibited by law:
1. Complaints, memoranda, correspondence, case files or reports,
witness statements, and evidence relating to a criminal
investigation or prosecution, other than criminal incident
information as defined in subsection A;
2. Adult arrestee photographs when necessary to avoid
jeopardizing an investigation in felony cases until such time as
the release of the photograph will no longer jeopardize the
investigation;
3. Reports submitted in confidence to (i) state and local
law-enforcement agencies, (ii) investigators authorized pursuant to
§ 53.1-16 or § 66-3.1, and (iii) campus police
departments of public institutions of higher education established
pursuant to Chapter 17 (§ 23-232 et seq.) of Title 23;
4. Portions of records of local government crime commissions
that would identify individuals providing information about crimes
or criminal activities under a promise of anonymity;
5. Records of local law-enforcement agencies relating to
neighborhood watch programs that include the names, addresses, and
operating schedules of individual participants in the program that
are provided to such agencies under a promise of anonymity;
6. All records of persons imprisoned in penal institutions in
the Commonwealth provided such records relate to the
imprisonment;
7. Records of law-enforcement agencies, to the extent that such
records contain specific tactical plans, the disclosure of which
would jeopardize the safety or security of law-enforcement
personnel or the general public;
8. All records of adult persons under (i) investigation or
supervision by a local pretrial services agency in accordance with
Article 5 (§ 19.2-152.2 et seq.) of Chapter 9 of Title 19.2;
(ii) investigation, probation supervision or monitoring by a local
community-based probation program in accordance with Article 9
(§ 9.1-173 et seq.) of Chapter 1 of Title 9.1; or (iii)
investigation or supervision by state probation and parole services
in accordance with Article 2 (§ 53.1-141 et seq.) of Chapter 4
of Title 53.1; and
9. Records of a law-enforcement agency to the extent that they
disclose the telephone numbers for cellular telephones, pagers, or
comparable portable communication devices provided to its personnel
for use in the performance of their official duties.
G. Records kept by law-enforcement agencies as required by
§ 15.2-1722 shall be subject to the provisions of this chapter
except:
1. Those portions of noncriminal incident or other investigative
reports or materials containing identifying information of a
personal, medical or financial nature provided to a law-enforcement
agency where the release of such information would jeopardize the
safety or privacy of any person;
2. Those portions of any records containing information related
to plans for or resources dedicated to undercover operations;
or
3. Records of background investigations of applicants for
law-enforcement agency employment or other confidential
administrative investigations conducted pursuant to law.
H. In the event of conflict between this section as it relates
to requests made under this section and other provisions of law,
this section shall control.
§ 2.2-3707. Meetings to be
public; notice of meetings; recordings; minutes.
A. All meetings of public bodies shall be open, except as
provided in §§ 2.2-3707.01 and
2.2-3711.
B. No meeting shall be conducted through telephonic, video,
electronic or other communication means where the members are not
physically assembled to discuss or transact public business, except
as provided in §§ 2.2-3708, 2.2-3709 or as may be specifically provided in Title 54.1
for the summary suspension of professional licenses.
C. Every public body shall give notice of the date, time, and
location of its meetings by placing the notice in a prominent
public location at which notices are regularly posted and in the
office of the clerk of the public body, or in the case of a public
body that has no clerk, in the office of the chief administrator.
Publication of meeting notices by electronic means shall be
encouraged. The notice shall be posted at least three working days
prior to the meeting. Notices for meetings of state public bodies
on which there is at least one member appointed by the Governor
shall state whether or not public comment will be received at the
meeting and, if so, the approximate point during the meeting when
public comment will be received.
D. Notice, reasonable under the circumstance, of special or
emergency meetings shall be given contemporaneously with the notice
provided members of the public body conducting the meeting.
E. Any person may annually file a written request for
notification with a public body. The request shall include the
requester's name, address, zip code, daytime telephone number,
electronic mail address, if available, and organization, if any.
The public body receiving such request shall provide notice of all
meetings directly to each such person. Without objection by the
person, the public body may provide electronic notice of all
meetings in response to such requests.
F. At least one copy of all agenda packets and, unless exempt,
all materials furnished to members of a public body for a meeting
shall be made available for public inspection at the same time such
documents are furnished to the members of the public body.
G. Nothing in this chapter shall be construed to prohibit the
gathering or attendance of two or more members of a public body (i)
at any place or function where no part of the purpose of such
gathering or attendance is the discussion or transaction of any
public business, and such gathering or attendance was not called or
prearranged with any purpose of discussing or transacting any
business of the public body or (ii) at a public forum, candidate
appearance, or debate, the purpose of which is to inform the
electorate and not to transact public business or to hold
discussions relating to the transaction of public business, even
though the performance of the members individually or collectively
in the conduct of public business may be a topic of discussion or
debate at such public meeting. The notice provisions of this
chapter shall not apply to informal meetings or gatherings of the
members of the General Assembly.
H. Any person may photograph, film, record or otherwise
reproduce any portion of a meeting required to be open. The public
body conducting the meeting may adopt rules governing the placement
and use of equipment necessary for broadcasting, photographing,
filming or recording a meeting to prevent interference with the
proceedings.
I. Minutes shall be recorded at all open meetings. However,
minutes shall not be required to be taken at deliberations of (i)
standing and other committees of the General Assembly, (ii)
legislative interim study commissions and committees, including the
Virginia Code Commission, (iii) study committees or commissions
appointed by the Governor, or (iv) study commissions or study
committees, or any other committees or subcommittees appointed by
the governing bodies or school boards of counties, cities and
towns, except where the membership of any such commission,
committee or subcommittee includes a majority of the governing body
of the county, city or town or school board.
Minutes, including draft minutes, and all other records of open
meetings, including audio or audio/visual records shall be deemed
public records and subject to the provisions of this chapter.
Minutes shall include, but are not limited to, (i) the date,
time and location of the meeting, (ii) the members of the public
body recorded as present and absent, and (iii) a summary of the
discussion on matters proposed, deliberated or decided, and a
record of any votes taken.
§ 2.2-3707.01. Meetings of
the General Assembly.
A. Except as provided in subsection B, public access to any
meeting of the General Assembly or a portion thereof shall be
governed by rules established by the Joint Rules Committee and
approved by a majority vote of each house at the next regular
session of the General Assembly. At least 60 days before the
adoption of such rules, the Joint Rules Committee shall (i) hold
regional public hearings on such proposed rules and (ii) provide a
copy of such proposed rules to the Virginia Freedom of Information
Advisory Council.
B. Floor sessions of either house of the General Assembly;
meetings, including work sessions, of any standing or interim study
committee of the General Assembly; meetings, including work
sessions, of any subcommittee of such standing or interim study
committee; and joint committees of conference of the General
Assembly; or a quorum of any such committees or subcommittees,
shall be open and governed by this chapter.
C. Meetings of the respective political party caucuses of either
house of the General Assembly, including meetings conducted by
telephonic or other electronic communication means, without regard
to (i) whether the General Assembly is in or out of regular or
special session or (ii) whether such caucuses invite staff or
guests to participate in their deliberations, shall not be deemed
meetings for the purposes of this chapter.
§ 2.2-3707.1. Posting of
minutes for state boards and commissions.
All boards, commissions, councils, and other public bodies
created in the executive branch of state government and subject to
the provisions of this chapter shall post minutes of their meetings
on the global information system known as the Internet. Those
executive branch public bodies that promulgate regulations may post
minutes of their meetings on a web site administered by the
Department of Planning and Budget. Executive branch public bodies
that do not promulgate regulations may post minutes on an
electronic calendar maintained by the Virginia Information
Technologies Agency. Draft minutes of meetings shall be posted as
soon as possible but no later than ten working days after the
conclusion of the meeting. Final approved meeting minutes shall be
posted within three working days of final approval of the
minutes.
§ 2.2-3708. Electronic
communication meetings.
A. It shall be a violation of this chapter for any political
subdivision or any governing body, authority, board, bureau,
commission, district or agency of local government or any committee
thereof to conduct a meeting wherein the public business is
discussed or transacted through telephonic, video, electronic or
other communication means where the members are not physically
assembled. Nothing in this section shall be construed to prohibit
the use of interactive audio or video means to expand public
participation.
B. For purposes of this section, "public body" means any public
body of the Commonwealth, but excludes any political subdivision or
any governing body, authority, board, bureau, commission, district
or agency of local government.
State public bodies may conduct any meeting, except closed
meetings held pursuant to § 2.2-3711,
wherein the public business is discussed or transacted through
telephonic or video means. Where a quorum of a public body of the
Commonwealth is physically assembled at one location for the
purpose of conducting a meeting authorized under this section,
additional members of such public body may participate in the
meeting through telephonic means provided such participation is
available to the public.
C. Notice of any meetings held pursuant to this section shall be
provided at least 30 days in advance of the date scheduled for the
meeting. The notice shall include the date, time, place and purpose
for the meeting and shall identify the locations for the meeting.
All locations for the meeting shall be made accessible to the
public. All persons attending the meeting at any of the meeting
locations shall be afforded the same opportunity to address the
public body as persons attending the primary or central location.
Any interruption in the telephonic or video broadcast of the
meeting shall result in the suspension of action at the meeting
until repairs are made and public access restored.
Thirty-day notice shall not be required for telephonic or video
meetings continued to address an emergency as provided in
subsection F or to conclude the agenda of a telephonic or video
meeting of the public body for which the proper notice has been
given, when the date, time, place and purpose of the continued
meeting are set during the meeting prior to adjournment.
The public body shall provide the Virginia Information
Technologies Agency with notice of all public meetings held through
telephonic or video means pursuant to this section.
D. An agenda and materials that will be distributed to members
of the public body and that have been made available to the staff
of the public body in sufficient time for duplication and
forwarding to all locations where public access will be provided
shall be made available to the public at the time of the meeting.
Minutes of all meetings held by telephonic or video means shall be
recorded as required by § 2.2-3707. Votes
taken during any meeting conducted through telephonic or video
means shall be recorded by name in roll-call fashion and included
in the minutes. In addition, the public body shall make an audio
recording of the meeting, if a telephonic medium is used, or an
audio/visual recording, if the meeting is held by video means. The
recording shall be preserved by the public body for a period of
three years following the date of the meeting and shall be
available to the public.
E. No more than 25 percent of all meetings held annually by a
public body, including meetings of any ad hoc or standing
committees, may be held by telephonic or video means. Any public
body that meets by telephonic or video means shall file with the
Virginia Information Technologies Agency by July 1 of each year a
statement identifying the total number of meetings held during the
preceding fiscal year, the dates on which the meetings were held
and the number and purpose of those conducted through telephonic or
video means.
F. Notwithstanding the limitations imposed by subsection E, a
public body may meet by telephonic or video means as often as
needed if an emergency exists and the public body is unable to meet
in regular session. Public bodies conducting emergency meetings
through telephonic or video means shall comply with the provisions
of subsection D requiring minutes, recordation and preservation of
the audio or audio/visual recording of the meeting. The nature of
the emergency shall be stated in the minutes.
§ 2.2-3709. (Effective until
July 1, 2005) Meetings of Board of Visitors of the University of
Virginia.
A. Members of the Board of Visitors of the University of
Virginia may participate by video, telephone, or video and
telephone at their meetings or meetings of their committees,
including closed meetings convened in accordance with the
procedures of § 2.2-3712, where (i) at least
a quorum of such board or its committees is physically assembled at
its regular, primary location or other location, (ii) any such
meeting is duly convened with advance public notice in accordance
with § 2.2-3707, including advance public
notice of the location of the physically assembled quorum, and
(iii) a speaker phone is provided at the location where the quorum
of such membership is physically present.
No more than 25 percent of all meetings held annually by such
board or its committees, including meetings of any ad hoc
committees, may be held by telephonic or video means.
B. When the required quorum of such board or its committees is
physically assembled at one location for the purpose of conducting
a meeting authorized under this section, additional members of such
board or its committees may participate in the meeting through
telephonic means if the public is permitted to hear such
participation during any open meeting. Any interruption in the
telephonic or video broadcast of the meeting shall result in the
suspension of action at the open meeting until repairs are made and
public access is restored.
C. Except as otherwise provided in this section, all meetings
shall be conducted in accordance with this chapter. Any meeting
conducted pursuant to this section shall not be considered an
"electronic communication meeting" for purposes of § 2.2-3708; however, such board or its committees shall
comply with the provisions of subsection D of § 2.2-3708, requiring minutes, recordation and preservation
of the audio or audio/visual recording of the meeting. Votes taken
by those participating by telephone or video shall also be publicly
recorded by name in roll-call fashion and shall be included in the
minutes, which shall be approved by such board or its committees in
public session.
§ 2.2-3710. Transaction of
public business other than by votes at meetings prohibited.
A. Unless otherwise specifically provided by law, no vote of any
kind of the membership, or any part thereof, of any public body
shall be taken to authorize the transaction of any public business,
other than a vote taken at a meeting conducted in accordance with
the provisions of this chapter. No public body shall vote by secret
or written ballot, and unless expressly provided by this chapter,
no public body shall vote by telephone or other electronic
communication means.
B. Notwithstanding the foregoing, nothing contained herein shall
be construed to prohibit (i) separately contacting the membership,
or any part thereof, of any public body for the purpose of
ascertaining a member's position with respect to the transaction of
public business, whether such contact is done in person, by
telephone or by electronic communication, provided the contact is
done on a basis that does not constitute a meeting as defined in
this chapter or (ii) the House of Delegates or the Senate of
Virginia from adopting rules relating to the casting of votes by
members of standing committees. Nothing in this subsection shall
operate to exclude any public record from the provisions of this
chapter.
§ 2.2-3711. Closed meetings
authorized for certain limited purposes.
A. Public bodies may hold closed meetings only for the following
purposes:
1. Discussion, consideration or interviews of prospective
candidates for employment; assignment, appointment, promotion,
performance, demotion, salaries, disciplining or resignation of
specific public officers, appointees or employees of any public
body; and evaluation of performance of departments or schools of
public institutions of higher education where such evaluation will
necessarily involve discussion of the performance of specific
individuals. Any teacher shall be permitted to be present during a
closed meeting in which there is a discussion or consideration of a
disciplinary matter that involves the teacher and some student and
the student involved in the matter is present, provided the teacher
makes a written request to be present to the presiding officer of
the appropriate board.
2. Discussion or consideration of admission or disciplinary
matters or any other matters that would involve the disclosure of
information contained in a scholastic record concerning any student
of any Virginia public institution of higher education or any state
school system. However, any such student, legal counsel and, if the
student is a minor, the student's parents or legal guardians shall
be permitted to be present during the taking of testimony or
presentation of evidence at a closed meeting, if such student,
parents or guardians so request in writing and such request is
submitted to the presiding officer of the appropriate board.
3. Discussion or consideration of the acquisition of real
property for a public purpose, or of the disposition of publicly
held real property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of
the public body.
4. The protection of the privacy of individuals in personal
matters not related to public business.
5. Discussion concerning a prospective business or industry or
the expansion of an existing business or industry where no previous
announcement has been made of the business' or industry's interest
in locating or expanding its facilities in the community.
6. Discussion or consideration of the investment of public funds
where competition or bargaining is involved, where, if made public
initially, the financial interest of the governmental unit would be
adversely affected.
7. Consultation with legal counsel and briefings by staff
members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body;
and consultation with legal counsel employed or retained by a
public body regarding specific legal matters requiring the
provision of legal advice by such counsel. For the purposes of this
subdivision, "probable litigation" means litigation that has been
specifically threatened or on which the public body or its legal
counsel has a reasonable basis to believe will be commenced by or
against a known party. Nothing in this subdivision shall be
construed to permit the closure of a meeting merely because an
attorney representing the public body is in attendance or is
consulted on a matter.
8. In the case of boards of visitors of public institutions of
higher education, discussion or consideration of matters relating
to gifts, bequests and fund-raising activities, and grants and
contracts for services or work to be performed by such institution.
However, the terms and conditions of any such gifts, bequests,
grants and contracts made by a foreign government, a foreign legal
entity or a foreign person and accepted by a public institution of
higher education in Virginia shall be subject to public disclosure
upon written request to the appropriate board of visitors. For the
purpose of this subdivision, (i) "foreign government" means any
government other than the United States government or the
government of a state or a political subdivision thereof; (ii)
"foreign legal entity" means any legal entity created under the
laws of the United States or of any state thereof if a majority of
the ownership of the stock of such legal entity is owned by foreign
governments or foreign persons or if a majority of the membership
of any such entity is composed of foreign persons or foreign legal
entities, or any legal entity created under the laws of a foreign
government; and (iii) "foreign person" means any individual who is
not a citizen or national of the United States or a trust territory
or protectorate thereof.
9. In the case of the boards of trustees of the Virginia Museum
of Fine Arts, the Virginia Museum of Natural History, and The
Science Museum of Virginia, discussion or consideration of matters
relating to specific gifts, bequests, and grants.
10. Discussion or consideration of honorary degrees or special
awards.
11. Discussion or consideration of tests, examinations or other
records excluded from this chapter pursuant to subdivision 4 of
§ 2.2-3705.1.
12. Discussion, consideration or review by the appropriate House
or Senate committees of possible disciplinary action against a
member arising out of the possible inadequacy of the disclosure
statement filed by the member, provided the member may request in
writing that the committee meeting not be conducted in a closed
meeting.
13. Discussion of strategy with respect to the negotiation of a
hazardous waste siting agreement or to consider the terms,
conditions, and provisions of a hazardous waste siting agreement if
the governing body in open meeting finds that an open meeting will
have an adverse effect upon the negotiating position of the
governing body or the establishment of the terms, conditions and
provisions of the siting agreement, or both. All discussions with
the applicant or its representatives may be conducted in a closed
meeting.
14. Discussion by the Governor and any economic advisory board
reviewing forecasts of economic activity and estimating general and
nongeneral fund revenues.
15. Discussion or consideration of medical and mental records
excluded from this chapter pursuant to subdivision 1 of §
2.2-3705.5.
16. Deliberations of the State Lottery Board in a licensing
appeal action conducted pursuant to subsection D of §
58.1-4007 regarding the denial or revocation of a license of a
lottery sales agent; and discussion, consideration or review of
State Lottery Department matters related to proprietary lottery
game information and studies or investigations exempted from
disclosure under subdivision 6 of § 2.2-3705.3 and subdivision 11 of § 2.2-3705.7.
17. Those portions of meetings by local government crime
commissions where the identity of, or information tending to
identify, individuals providing information about crimes or
criminal activities under a promise of anonymity is discussed or
disclosed.
18. Discussion, consideration, review and deliberations by local
community corrections resources boards regarding the placement in
community diversion programs of individuals previously sentenced to
state correctional facilities.
19. Those portions of meetings in which the Board of Corrections
discusses or discloses the identity of, or information tending to
identify, any prisoner who (i) provides information about crimes or
criminal activities, (ii) renders assistance in preventing the
escape of another prisoner or in the apprehension of an escaped
prisoner, or (iii) voluntarily or at the instance of a prison
official renders other extraordinary services, the disclosure of
which is likely to jeopardize the prisoner's life or safety.
20. Discussion of plans to protect public safety as it relates
to terrorist activity and briefings by staff members, legal
counsel, or law-enforcement or emergency service officials
concerning actions taken to respond to such activity or a related
threat to public safety.
21. Discussion by the Board of the Virginia Retirement System,
acting pursuant to § 51.1-124.30, or of any local retirement
system, acting pursuant to § 51.1-803, or of the Rector and
Visitors of the University of Virginia, acting pursuant to §
23-76.1, regarding the acquisition, holding or disposition of a
security or other ownership interest in an entity, where such
security or ownership interest is not traded on a governmentally
regulated securities exchange, to the extent that such discussion
(i) concerns confidential analyses prepared for the Rector and
Visitors of the University of Virginia, prepared by the retirement
system or provided to the retirement system under a promise of
confidentiality, of the future value of such ownership interest or
the future financial performance of the entity, and (ii) would have
an adverse effect on the value of the investment to be acquired,
held or disposed of by the retirement system or the Rector and
Visitors of the University of Virginia. Nothing in this subdivision
shall be construed to prevent the disclosure of information
relating to the identity of any investment held, the amount
invested or the present value of such investment.
22. Those portions of meetings in which individual child death
cases are discussed by the State Child Fatality Review team
established pursuant to § 32.1-283.1, and those portions of
meetings in which individual child death cases are discussed by a
regional or local child fatality review team established pursuant
to § 32.1-283.2, and those portions of meetings in which
individual death cases are discussed by family violence fatality
review teams established pursuant to § 32.1-283.3.
23. Those portions of meetings of the University of Virginia
Board of Visitors or the Eastern Virginia Medical School Board of
Visitors, as the case may be, and those portions of meetings of any
persons to whom management responsibilities for the University of
Virginia Medical Center or Eastern Virginia Medical School, as the
case may be, have been delegated, in which there is discussed
proprietary, business-related information pertaining to the
operations of the University of Virginia Medical Center or Eastern
Virginia Medical School, as the case may be, including business
development or marketing strategies and activities with existing or
future joint venturers, partners, or other parties with whom the
University of Virginia Medical Center or Eastern Virginia Medical
School, as the case may be, has formed, or forms, any arrangement
for the delivery of health care, if disclosure of such information
would adversely affect the competitive position of the Medical
Center or Eastern Virginia Medical School, as the case may be.
24. In the case of the Virginia Commonwealth University Health
System Authority, discussion or consideration of any of the
following: the acquisition or disposition of real or personal
property where disclosure would adversely affect the bargaining
position or negotiating strategy of the Authority; operational
plans that could affect the value of such property, real or
personal, owned or desirable for ownership by the Authority;
matters relating to gifts, bequests and fund-raising activities;
grants and contracts for services or work to be performed by the
Authority; marketing or operational strategies where disclosure of
such strategies would adversely affect the competitive position of
the Authority; members of its medical and teaching staffs and
qualifications for appointments thereto; and qualifications or
evaluations of other employees.
25. Those portions of the meetings of the Intervention Program
Committee within the Department of Health Professions to the extent
such discussions identify any practitioner who may be, or who
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