As part of its effort to keep tabs on FOIA-related legislation that might surface in the upcoming legislative session, the FOI Advisory Council held its annual legislative preview in December.

The council heard three proposals. Chief Medical Examiner Marcella Fierro said the Office of Chief Medical Examiner would seek exemptions that would maintain the confidentiality of third-party records acquired by the OCME during death investigations. Fierro cited concern that some of the information was being released in order to comply with a subpoena issued in ongoing litigation by third parties. The routine release of records was discouraging law enforcement and other agencies from providing necessary information to the OCME. Fierro added that without legislation, the agency might face an obstacle in obtaining federal grants and contracts to carry out surveillance and prevention research from the Center for Disease Control.

Appearing on behalf of the Virginia Department of Fire Programs, Christy King told the council her group would be seeking an exemption for training records of service personnel. Though unable to cite any specific instance, King said terrorists could use the training information to target vulnerable areas. (Some council members said they felt the public had a right to know if their local fire departments had adequate training for specific types of emergencies.)

Former council member Rosanna Bencoach appeared on behalf of the State Board of Elections. She told the group that her agency would seek an exemption for reports detailing voting equipment and ballot security audits and assessments. Bencoach said that the safety standards would remain public, but that how those standards were being met (for example, where the keys to the ballot box would be kept) would be kept confidential. House Majority Leader Morgan Griffith, R-Salem, indicated that the proposed language was too broad as it stood, and council member Roger Wiley said that he thought the existing exemption for data processing security would cover the same information.

Another proposed exemption that has surfaced — though not through the council’s legislative preview — is one coming from Del. Jeff Frederick, R-Woodbridge, for the Department of Agriculture and Consumer Services. It would exempt identifying information relating to the holder of a general or restricted fertilizer permit. “Restricted fertilizer” is a commercial fertilizer with a potential explosive capacity that is determined by the department to present an unreasonable threat to public safety.

Through its subcommittees and workgroups, the council itself will be offering legislation in 2005 proposing changes to the electronic meeting rules (see E-Meetings, page 1).