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October 6, 2000
Ken Schrad
Sent Via E-Mail
Dear Mr. Schrad:
Thank you for your kinds words and patience. I appreciate the
extension of assistance from your office in any matter regarding
the State Corporation Commission (SCC). A cooperative relationship
between this office and other agencies of state and local
government is a much sought-after goal and will enable this office
to provide the type of service and assistance it was created to
perform.
You have asked what advice I might give a citizen or a news
reporter regarding the SCC and applicability of the Freedom of
Information Act (FOIA). It is the charge of this office to respond
to specific inquiries. At this time I cannot conjecture about how I
might respond to a specific inquiry about the applicability of
FOIA. I am aware, however, of the Atlas and Gannon cases involving
FOIA and the SCC, If you would like to discuss this matter further,
please feel free to call me.
Your final question asks for my thoughts about what to
communicate to SCC employees about the FOI Advisory Council and the
services of the FOIA office. The Freedom of Information Advisory
Council, by statute, has the authority to:
1. Furnish, upon request, advisory opinions or guidelines, and
other appropriate information regarding the Freedom of Information
Act (ยง 2.1-340 et seq.) to any person or agency of state or
local government, in an expeditious manner;
2. Conduct training seminars and educational programs for the
members and staff of public bodies and other interested persons on
the requirements of the Freedom of Information Act;
3. Publish educational materials as it deems appropriate on the
provisions of the Freedom of Information Act;
4. Request from any agency of state or local government such
assistance, services and information as will enable the Council to
effectively carry out its responsibilities. Information provided to
the Council by an agency of state or local government shall not be
released to any other party unless authorized by such agency;
and
5. Report annually on or before December 1 of each year on its
activities and findings regarding the Freedom of Information Act,
including recommendations for changes in the law, to the Governor
and the General Assembly.
The Council does provide guidance to those seeking information
under FOIA, but does not facilitate the actual receipt of
information. By issuing advisory opinions, the Council hopes to
resolve disputes by clarifying what the law requires and to guide
future practices. As you can see by the 4th statutory power, the
Council has limited authority to "intervene" and has chosen to
consult "both sides" when the issue presented appears
controversial. The Council has no authority to mediate disputes,
but may be called upon as a resource to help fashion creative
solutions in an attempt to remedy a dispute and facilitate
compliance with the law.
As to your request for tips given to other state agencies
regarding access to publicly available information, it is difficult
in this context to capture the highlights of a training
presentation. You and other employees at the SCC may wish to attend
a FOIA Workshop sponsored by this office. For workshop information,
please visit our website at: http://dls.state.va.us/foiacouncil.htm.
Alternatively, I am available to conduct public access training for
specific groups if you have an interest.
The development of "tips for compliance" is certainly a goal of
this office and with time to discern patterns, tips for compliance
will be made available in printed materials prepared by this office
and on our website.
Thank you for contacting this office. I hope that I have been of
assistance.
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