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2009 SESSION

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091262548
HOUSE BILL NO. 2471 Offered January 14, 2009 Prefiled January 14, 2009 A BILL to amend and reenact § 2.2-3705.8 of the Code of Virginia, relating to the Freedom of Information Act; salary records of teachers. ---------- Patrons-- Hugo and Cole ---------- Referred to Committee on General Laws ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 2.2-3705.8 of the Code of Virginia is amended and reenacted as follows:

§ 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 (i) 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 or (ii) the disclosure of the names of individual teachers when responding to a request for the official salary or rate of pay of employees of a local school board.

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.