The Freedom of Information Advisory Council issued its annual report in December 2003.

Among the report’s hightlights is a documented account of the council’s open, annual statewide training sessions, as well as 36 training sessions where the council was invited by a particular group or governmental agency. Among the groups and agencies that requested training were the Virginia General Assembly for its new member orientation; the Department of Agriculture; WVEC, Channel 13 in Norfolk; the Town of Smithfield; and the Small Business Advisory Board.

The report also discussed the work of the several committees, subcommittees and workgroups tasked with addressing legislation held over from the 2004 legislative session and drawing up possible legislative initiatives for the 2005 session. Legislation proposed with the council’s help in 2003 was enacted in 2004.

Among the legislation that will be introduced in 2005 is an overhaul of the rules regulating electronic meetings by state agencies (see E-meetings, page 1).

The council created and updated educational materials, most of which are available on the council’s Web site. Among the educational materials offered: how to make a closed meeting motion; guidelines for electronic meetings; rules for access and retention of e-mail; and past legislative bill summaries.

As of July 1, all state agencies are required to post notice of FOIA rights and responsibilities. The council created a template for other agencies to follow. Though local agencies are not bound by the requirement, in the lead-in to the council’s template, localities are urged to post a similar explanation of citizen rights and government responsibilities under FOIA.

The council also reported that it handled 1,190 informal phone and e-mail requests for FOIA-related information. Of these requests, 397 were made by Virginia citizens, 328 by local government, 230 by state government, 145 by news media, 56 by law enforcement, 32 by individuals outside the Commonwealth and two from the federal government.

The council handled 1,001 informal requests in 2003.

The council also issued 26 written advisory opinions. Virginia citizens asked for 15 of those opinions; local government asked for six; the news media made three requests; and one request each came from state government and law enforcement.

The council issued 24 written advisory opinions in 2003.

Records-related inquiries far out-paced meetings-related ones by nearly two-to-one. Records-related inquiries also constituted more than half of all total inquires.

Within the records category, questions about the proper way to respond to a FOIA request accounted for nearly one-third of all questions related to FOIA procedure. Questions about how to ask for records made up nearly another third.

On the application of specific exemptions, roughly 23 percent asked about the personnel records exemption. Another 23 percent asked about law-enforcement records. Six percent of the questions related to tax records, and 4 percent asked about e-mail as a public record.

Procedural questions related to meetings were more evenly dispersed, with questions about procedures for closing meetings barely edging questions about what actually constitutes a meeting. Electronic meetings and notice of meetings made up approximately 14 percent and 12 percent of these types of inquiries, respectively.

On the application of specific exemptions for closed meetings, half the questions related to the personnel exemption, while 20 percent had to do with consultation with legal counsel.

The council also fielded questions on privacy issues, the role of the council, the Public Records Act and remedies under FOIA.

The number of formal and informal requests do not necessarily match because of different recordkeeping procedures. Also, one request may ask more than one question.