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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1999 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-116.05, 2.1-340.1, 2.1-341, 2.1-341.1, 2.1-342, 2.1-343, 2.1-343.1, 2.1-343.2, 2.1-344, 2.1-344.1, 2.1-346, 2.1-346.1, 15.2-1722, 19.2-368.3, 23-50.16:32, 32.1-283.1, 52-8.3, and 54.1-2517 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 2.1-341.2, 2.1-342.01, and 2.1-342.2 as follows:
§ 2.1-116.05. Grievance procedure generally.
A. It shall be the policy of the Commonwealth, as an employer, to encourage the resolution of employee problems and complaints. To that end, employees must be able to freely, and without retaliation, discuss their concerns with their immediate supervisors and management. To the extent that such concerns cannot be resolved informally, the grievance procedure shall afford an immediate and fair method for the resolution of employment disputes which may arise between state agencies and those employees who have access to the procedure under § 2.1-116.09.
B. As part of the Commonwealth's program of employee relations management, the Department shall develop a grievance procedure that includes not more than three successively higher grievance resolution steps and a formal hearing as provided in this chapter.
C. Prior to initiating a written grievance, the employee shall be encouraged to pursue an informal complaint with his immediate supervisor. The supervisor shall have authority to resolve the complaint if it involves actions within his control.
D. An employee may pursue a formal written grievance through the grievance resolution steps if the complaint has been presented to management within thirty calendar days of the employee's knowledge of the event that gave rise to the complaint. Employees' rights to pursue grievances shall not be used to harass or otherwise impede the efficient operations of government.
E. Upon receipt of a timely written complaint, management shall review the grievance and respond to the merits thereof. Each level of management review shall have the authority to provide the employee with a remedy. At least one face-to-face meeting between the employee and management shall be required. The persons who may be present at this meeting are the employee, the appropriate manager, an individual selected by the employee, and an individual selected by the manager. Witnesses may be called by either party.
F. Pursuant to § 2.1-342 B 3 2.1-342.01 A 4 of the Virginia Freedom of
Information Act and § 2.1-382 of the Virginia Privacy Protection Act of 1976,
all information relating to the actions grieved shall be made available to the
employee by the agency, except as otherwise provided by law. Information
pertaining to other employees that is relevant to the grievance shall be
produced in such a manner as to preserve the privacy of the individuals not
personally involved in the complaint or dispute.
G. All time limitations prescribed in the grievance procedure, including, but not limited to, submission of an initial complaint and employee appeal of management decisions, shall be reasonable, specific, and equally applicable to the agency and the employee. Expedited grievance procedures shall be established for terminations, demotions, suspensions, and lost wages or salaries.
H. Within five workdays of the receipt of a written notice of noncompliance, failure of the employee or the agency to comply with a substantial procedural requirement of the grievance procedure without just cause may result in a decision against the noncomplying party on any qualified issue. Written notice of noncompliance by the agency must be made to the agency head. The Director shall render all decisions related to procedural compliance, and such decisions shall be final.
I. Grievances qualified pursuant to § 2.1-116.06 that have not been resolved through the grievance resolution steps shall advance to a hearing which shall be the final step in the grievance procedure.
§ 2.1-340.1. Policy of chapter.
By enacting this chapter, the General Assembly ensures the people of this the
Commonwealth ready access to records in the custody of public officials and free entry to meetings of
public bodies wherein the business of the people is being conducted. Committees
or subcommittees of public bodies created to perform delegated functions of a public
body or to advise a public body shall also conduct their meetings and business
pursuant to this chapter. 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 the a
public body or public official specifically elects to exercise an
exemption provided by this chapter or any other statute, every meeting shall be open to
the public and all reports, documents and other material , and all public
records shall be available for disclosure inspection and copying upon request.
All public records and meetings shall be presumed open, unless an exemption is
properly invoked.
This 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 exception
or exemption from applicability public access to records or meetings shall be
narrowly construed in order that no thing which should be public may be hidden
from any person, 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.
The public body All public bodies and public officials shall make reasonable
efforts to reach an agreement with the a requester concerning the production of
the records requested.
Any ordinance adopted by a local governing body which conflicts with the provisions of this chapter shall be void.
§ 2.1-341. Definitions.
The following terms, whenever used or referred to in this chapter, shall have
the following meanings, unless a different meaning clearly appears from the
context As used in this chapter unless the context requires a different
meaning:
"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; however, the identity of any victim,
witness, undercover officer, or investigative techniques or procedures need not
but may be disclosed unless disclosure is prohibited or restricted under §
19.2-11.2. The identity of any individual providing information about a crime or
criminal activity under a promise of anonymity shall not be disclosed.
"Executive meeting" or “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 §
2.1-343.1, 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, including 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 state institutions of higher education; and
other organizations, corporations or agencies in the Commonwealth, supported
wholly or principally by public funds. The notice provisions of this chapter
shall not apply to the said informal meetings or gatherings of the members of
the General Assembly. Nothing in this chapter shall be construed to make
unlawful 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
meeting whose purpose 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 gathering of employees of a public body shall not be deemed
a "meeting" subject to the provisions of this chapter.
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 § 2.1-343.1 or as may
specifically be provided in Title 54.1 for the summary suspension of professional
licenses.
"Official records" means all written or printed books, papers, letters,
documents, maps and tapes, photographs, films, sound recordings, reports or other
material, regardless of physical form or characteristics, prepared, owned, or in the
possession of a public body or any employee or officer of a public body in the
transaction of public business.
"Open meeting" or "public meeting" means a meeting at which the public may be present.
"Public body" means any of the groups, agencies or organizations enumerated in
the definition of "meeting" as provided in this section, including any committees or
subcommittees of the public body created to perform delegated functions of the
public body or to advise the public body legislative body; any 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 state institutions of higher education; and
other organizations, corporations or agencies in the Commonwealth supported
wholly or principally by public funds. It shall include any committee or
subcommittee 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 or subcommittee because it has private sector or citizen members.
Corporations organized by the Virginia Retirement System are "public bodies" for
purposes of this chapter.
“Public records” means all writings and recordings which 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, files, documents, and other
materials containing information about directly related to a student and
maintained by a public body which is an educational agency or institution or by a person acting for such
agency or institution, but, for the purpose of access by a student, does not
include (i) financial records of a parent or guardian nor (ii) records of
instructional, supervisory, and administrative personnel and educational personnel
ancillary thereto, which are in the sole possession of the maker thereof and which
are not accessible or revealed to any other person except a substitute.
§ 2.1-341.1. Notice of chapter.
A. Any person elected, reelected, appointed or reappointed to any body not excepted from this chapter shall 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.
B. Public officials shall read and familiarize themselves with the provisions of this chapter.
§ 2.1-341.2. Public bodies and records to which chapter inapplicable; voter registration and election records.
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 § 2.1-342 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 § 2.1-753; 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.
§ 2.1-342. 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 official 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 of such
records shall take all necessary precautions for their preservation and
safekeeping. Any public body covered under
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 shall make an initial response
to citizens requesting records open to inspection within five work days after the receipt
of the request by the public body or to impose the time limits for response by
a public body. Any public body which is subject to this chapter and which is
the custodian of the requested records. Such citizen request shall designate
the requested records with reasonable specificity. A specific reference to this
chapter by the requesting citizen in his request shall not be necessary to invoke
the provisions of this chapter and the time limits for response by the public
body. The response by the public body within such five work days shall be shall
promptly, but in all cases within five working days of receiving a request,
make one of the following responses:
1. The requested records shall will be provided to the requesting citizen
requester.
2. If the public body determines that an exemption applies to all of the
requested records, it may refuse to release such records and provide to the
requesting citizen a written explanation as to why the records are not
available with the explanation making specific reference to the applicable Code
sections which make the requested records exempt.
3. If the public body determines that an exemption applies to a portion of the
requested records, it may delete or excise that portion of the records to which an
exemption applies, but shall disclose the remainder of the requested records and
provide to the requesting citizen a written explanation as to why these
portions of the record are not available to the requesting citizen with the
explanation making specific reference to the applicable Code sections which
make that portion of the requested records exempt. Any reasonably segregatable
portion of an official record shall be provided to any person requesting the
record after the deletion of the exempt portion. 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 the
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 which
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 which 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. If the public body determines that it is practically impossible It is not
practically possible to provide the requested records or to determine whether
they are available within the five-work-day period, the public body shall so
inform the requesting citizen and shall have. Such response shall be in
writing and specify the conditions which 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. Nothing in this section shall prohibit Any public body from petitioning 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 this 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 H, 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. The A public body may make reasonable charges for the copying, search time
and computer time expended in the supplying of such records 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 preparing
documents 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 or documents, 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 fifty acres. Such All charges for the supplying of requested records shall
be estimated in advance at the request of the citizen. The public body may
require the advance payment of charges which are subject to advance
determination.
In any case where a public body determines in advance that search and copying
charges for producing the requested documents records are likely to
exceed $200, the public body may, before continuing to process the request, require
the citizen requesting the information requester to agree to payment of an
amount not to exceed the advance determination by five percent 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 must 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 citizen requesting the information requester.
Official records maintained by a public body on a computer or other electronic
data processing system which are available to the public under the provisions of
this chapter shall be made reasonably accessible to the public at reasonable cost.
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.
H. Beginning July 1, 1997, Every public body of state government shall compile,
and annually update, an index of computer databases which contains at a minimum those databases
created by them on or after July 1, 1997. "Computer database" means a structured collection of data
or documents records residing in a computer. Such index shall be an official 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 Director of the Department of Information
Technology 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.
Public bodies shall not be required to create or prepare a particular requested
record if it does not already exist. Public bodies may, but shall not be required
to, abstract or summarize information from official records or convert an official
record available in one form into another form at the request of the citizen.
The produce nonexempt records maintained in an electronic database in any
tangible medium identified by the requester, including 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 reach an agreement
with the requester concerning the production of the records requested 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.
Failure to make any response to a request for records shall be a violation of
this chapter and deemed a denial of the request.
B. 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. Memoranda, correspondence, evidence and complaints related to criminal
investigations; adult arrestee photographs when necessary to avoid jeopardizing an
investigation in felony cases until such time as the release of such photograph will
no longer jeopardize the investigation; reports submitted to the state and
local police, to investigators authorized pursuant to § 53.1-16 and to the
campus police departments of public institutions of higher education as established
by Chapter 17 (§ 23-232 et seq.) of Title 23 in confidence; portions of records
of local government crime commissions that would identify individuals providing
information about crimes or criminal activities under a promise of anonymity;
records of local police departments relating to neighborhood watch programs
that include the names, addresses, and operating schedules of individual
participants in the program that are provided to such departments under a
promise of confidentiality; and all records of persons imprisoned in penal
institutions in the Commonwealth provided such records relate to the
imprisonment. Information in the custody of law-enforcement officials 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 not be excluded from the
provisions of this chapter.
Criminal incident information relating to felony offenses shall not be excluded
from the provisions of this chapter; however, where the release of criminal incident
information is likely to jeopardize an ongoing criminal investigation 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.
2. Confidential records of all investigations of applications for licenses and
permits, and all licensees and permittees made by or submitted to the Alcoholic
Beverage Control Board, the State Lottery Department, the Virginia Racing
Commission, or the Charitable Gaming Commission.
3. State income, business, and estate tax returns, personal property tax
returns, scholastic records and personnel records containing information concerning
identifiable individuals, except that such access shall not be denied to the person
who is the subject thereof, and medical and mental records, except that such
records can be personally reviewed by the subject person or a physician of the
subject person's choice; however, the subject person's mental records may not
be personally reviewed by such person when the subject person's treating
physician has made a part of such person's records a written statement that in
his opinion a review of such records by the subject person would be injurious
to the subject person's physical or mental health or well-being.
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 be reviewed only 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 to any
person except the subject by the administrator or chief medical officer of the
facility or except as provided by law.
For the purposes of this chapter such 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 releasable as provided in subsection A of this
section. No such summaries or data shall include any patient-identifying
information. Where the person who is the subject of scholastic or medical and
mental records is under the age of eighteen, 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
state-supported institution of higher education, such right of access may be
asserted by the subject person.
4. Memoranda, working papers and correspondence (i) held by or requested from
members of the General Assembly or the Division of Legislative Services or (ii) held
or requested by the Office of the Governor or Lieutenant Governor, Attorney General
or the mayor or other chief executive officer of any political subdivision of
the Commonwealth or the president or other chief executive officer of any
state-supported institution of higher education. This exclusion shall not apply
to memoranda, studies or other papers held or requested by the mayor or other
chief executive officer of any political subdivision which are specifically
concerned with the evaluation of performance of the duties and functions of any
locally elected official and were prepared after June 30, 1992, nor shall this
exclusion apply to agenda packets prepared and distributed to public bodies for
use at a meeting.
Except as provided in § 30-28.18, memoranda, working papers and correspondence
of a member of the General Assembly held by the Division of Legislative Services shall
not be released by the Division without the prior consent of the member.
5. Written opinions of the city, county and town attorneys of the cities,
counties and towns in the Commonwealth and any other writing protected by the
attorney-client privilege.
6. Memoranda, working papers and records compiled specifically for use in
litigation or as a part of an active administrative investigation concerning a
matter which is properly the subject of an executive or closed meeting under §
2.1-344 and material furnished in confidence with respect thereto.
7. 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.
8. Library records which can be used to identify both (i) any library patron
who has borrowed material from a library and (ii) the material such patron
borrowed.
9. 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 any public body.
As used in this subdivision 9, "test or examination" shall include (i) any
scoring key for any such test or examination and (ii) any other document which
would jeopardize the security of such test or examination. Nothing contained in
this subdivision 9 shall prohibit the release of test scores or results as
provided by law, or limit access to individual records as is provided by law.
However, the subject of such employment tests shall be entitled to review and
inspect all documents 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, such 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.
10. 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.
11. Records of active investigations being conducted by the Department of
Health Professions or by any health regulatory board in the Commonwealth.
12. Memoranda, legal opinions, working papers and records recorded in or
compiled exclusively for executive or closed meetings lawfully held pursuant to
§ 2.1-344.
13. Reports, documentary evidence and other information as specified in §§
2.1-373.2 and 63.1-55.4.
14. Proprietary information gathered by or for the Virginia Port Authority as
provided in § 62.1-132.4 or § 62.1-134.1.
15. 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, documents and automated systems prepared for the Department's
Bid Analysis and Monitoring Program.
16. Vendor proprietary information software which may be in the official
records of a public body. For the purpose of this section, "vendor proprietary
software" means computer programs acquired from a vendor for purposes of
processing data for agencies or political subdivisions of the Commonwealth.
17. Data, records or information of a proprietary nature produced or collected
by or for faculty or staff of state institutions of higher learning, 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.
18. Financial statements not publicly available filed with applications for
industrial development financings.
19. 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.
20. 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 or local or regional industrial or
economic development authorities or organizations, used by the Department, the
Partnership, 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 the Partnership,
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.
21. Information which was filed as confidential under the Toxic Substances
Information Act (§ 32.1-239 et seq.), as such Act existed prior to July 1,
1992.
22. Documents as specified in § 58.1-3.
23. Confidential records, including victim identity, provided to or obtained by
staff in a rape crisis center or a program for battered spouses.
24. Computer software developed by or for a state agency, state-supported
institution of higher education or political subdivision of the Commonwealth.
25. 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 Personnel and Training; however,
nothing in this section shall prohibit the disclosure of information taken from
inactive reports in a form which does not reveal the identity of charging
parties, persons supplying the information or other individuals involved in the
investigation.
26. Fisheries data which would permit identification of any person or vessel,
except when required by court order as specified in § 28.2-204.
27. 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.
28. Documents 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 § 2.1-639.40 or of formulating
advisory opinions to members on standards of conduct, or both.
29. 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.
30. 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 (§
2.1-714 et seq.); however, nothing in this section shall prohibit the distribution
of information taken from inactive reports in a form which does not reveal the
identity of the parties involved or other persons supplying information.
31. 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 9 (§ 63.1-172 et seq.) and 10 (§
63.1-195 et seq.) of Title 63.1; 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.
32. Reports, manuals, specifications, documents, minutes or recordings of staff
meetings or other information or materials of the Virginia Board of Corrections, the
Virginia Department of Corrections or any institution thereof to the extent, as
determined by the Director of the Department of Corrections or his designee or
of the Virginia Board of Juvenile Justice, the Virginia Department of Juvenile
Justice or any facility thereof to the extent as determined by the Director of
the Department of Juvenile Justice, or his designee, that disclosure or public
dissemination of such materials would jeopardize the security of any
correctional or juvenile facility or institution, as follows:
(i) Security manuals, including emergency plans that are a part thereof;
(ii) Engineering and architectural drawings of correctional and juvenile
facilities, and operational specifications of security systems utilized by the
Departments, provided the general descriptions of such security systems, cost and
quality shall be made available to the public;
(iii) Training manuals designed for correctional and juvenile facilities to the
extent that they address procedures for institutional security, emergency plans and
security equipment;
(iv) Internal security audits of correctional and juvenile facilities, but only
to the extent that they specifically disclose matters described in (i), (ii), or
(iii) above or other specific operational details the disclosure of which would
jeopardize the security of a correctional or juvenile facility or institution;
(v) Minutes or recordings of divisional, regional and institutional staff
meetings or portions thereof to the extent that such minutes deal with security
issues listed in (i), (ii), (iii), and (iv) of this subdivision;
(vi) Investigative case files by investigators authorized pursuant to §
53.1-16; however, nothing in this section shall prohibit the disclosure of information
taken from inactive reports in a form which does not reveal the identity of complainants
or charging parties, persons supplying information, confidential sources, or
other individuals involved in the investigation, or other specific operational
details the disclosure of which would jeopardize the security of a correctional
or juvenile facility or institution; nothing herein shall permit the disclosure
of materials otherwise exempt as set forth in subdivision 1 of subsection B of
this section;
(vii) Logs or other documents containing information on movement of inmates,
juvenile clients or employees; and
(viii) Documents disclosing contacts between inmates, juvenile clients and
law-enforcement personnel.
Notwithstanding the provisions of this subdivision, reports and information
regarding the general operations of the Departments, including notice that an escape
has occurred, shall be open to inspection and copying as provided in this
section.
33. Personal information, as defined in § 2.1-379, (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, or (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. However,
access to one's own information shall not be denied.
34. Documents 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.
35. 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.
36. 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 which 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.
37. Official 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.
38. Official 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
which cause abuses in the administration and operation of the lottery and any
evasions of such provisions, or (v) 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 subject to public
disclosure under this chapter upon completion of the study or investigation.
39. 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 which 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.
40. [Repealed.]
41. Records concerning reserves established in specific claims administered by
the Department of General Services through its Division of Risk Management as
provided in Article 5.1 (§ 2.1-526.1 et seq.) of Chapter 32 of this title, or
by any county, city, or town.
42. 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.
43. Reports and court documents required to be kept confidential pursuant to §
37.1-67.3.
44. [Repealed.]
45. Investigative notes; correspondence and information furnished in confidence
with respect to an investigation; and official records otherwise exempted by
this chapter or any Virginia statute, provided to or produced by or for the
Auditor of Public Accounts and the Joint Legislative Audit and Review
Commission; or investigative notes, correspondence, documentation and
information furnished and provided to or produced by or for the Department of
the State Internal Auditor with respect to an investigation initiated through
the State Employee Fraud, Waste and Abuse Hotline. Nothing in this chapter
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; however, disclosure, unless such disclosure is prohibited by
this section, of information from the records of completed investigations shall
include, but is not 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. In the event 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.
46. Data formerly required to be submitted to the Commissioner of Health
relating to the establishment of new or 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.
47. Documentation or other information which 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.
48. 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 Interstate Commerce Commission or the Federal Rail
Administration with respect to data provided in confidence to the Interstate
Commerce Commission and the Federal Railroad Administration.
49. In the case of corporations organized by the Virginia Retirement System,
(i) proprietary information provided by, and financial information concerning,
coventurers, partners, lessors, lessees, or investors, and (ii) records
concerning the condition, acquisition, disposition, use, leasing, development,
coventuring, or management of real estate the disclosure of which would have a
substantial adverse impact on the value of such real estate or result in a
competitive disadvantage to the corporation or subsidiary.
50. 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.
51. 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.
52. [Repealed.]
53. 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
Intermodal Surface Transportation Efficiency Act of 1991 (P.L. 102-240) 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 Interstate Commerce Commission or the Federal Rail
Administration with respect to data provided in confidence to the Interstate
Commerce Commission and the Federal Railroad Administration. However, the
exemption provided by this subdivision shall not apply to any wholly owned
subsidiary of a public body.
54. 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.
55. Reports, documents, memoranda or other information or materials which
describe any aspect of security used by the Virginia Museum of Fine Arts to the
extent that disclosure or public dissemination of such materials would jeopardize
the security of the Museum or any warehouse controlled by the Museum, as
follows:
a. Operational, procedural or tactical planning documents, including any
training manuals to the extent they discuss security measures;
b. Surveillance techniques;
c. Installation, operation, or utilization of any alarm technology;
d. Engineering and architectural drawings of the Museum or any warehouse;
e. Transportation of the Museum's collections, including routes and schedules;
or
f. Operation of the Museum or any warehouse used by the Museum involving the:
(1) Number of employees, including security guards, present at any time; or
(2) Busiest hours, with the maximum number of visitors in the Museum.
56. Reports, documents, memoranda or other information or materials which
describe any aspect of security used by the Virginia Department of Alcoholic
Beverage Control to the extent that disclosure or public dissemination of such
materials would jeopardize the security of any government store as defined in
Title 4.1, or warehouse controlled by the Department of Alcoholic Beverage
Control, as follows:
(i) Operational, procedural or tactical planning documents, including any
training manuals to the extent they discuss security measures;
(ii) Surveillance techniques;
(iii) The installation, operation, or utilization of any alarm technology;
(iv) Engineering and architectural drawings of such government stores or
warehouses;
(v) The transportation of merchandise, including routes and schedules; and
(vi) The operation of any government store or the central warehouse used by the
Department of Alcoholic Beverage Control involving the:
a. Number of employees present during each shift;
b. Busiest hours, with the maximum number of customers in such government
store; and
c. Banking system used, including time and place of deposits.
57. Information required to be provided pursuant to § 54.1-2506.1.
58. Confidential information designated as provided in subsection D of § 11-52
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 § 11-46.
59. 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.
60. Investigative notes, correspondence, documentation and information provided
to or produced by or for the committee or the auditor with respect to an
investigation or audit conducted pursuant to § 15.1-765.2. Nothing in this
section shall prohibit disclosure of information from the records of completed
investigations or audits in a form that does not reveal the identity of complainants
or persons supplying information.
61. 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.
62. Confidential proprietary records which are voluntarily provided by a
private entity pursuant to a proposal filed with a public entity under the
Public-Private Transportation Act of 1995 (§ 56-556 et seq.), pursuant to a
promise of confidentiality from the responsible public entity, used by the
responsible public entity for purposes related to the development of a
qualifying transportation facility; and memoranda, working papers or other
records related to proposals filed under the Public-Private Transportation Act
of 1995, 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 public entity and private entity shall be defined as
they are defined in the Public-Private Transportation Act of 1995.
63. 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;
engineering plans, architectural drawings, or operational specifications of
governmental law-enforcement facilities, including but not limited to
courthouses, jails, and detention facilities, to the extent that disclosure
could jeopardize the safety or security of law-enforcement offices; however,
general descriptions shall be provided to the public upon request.
64. All records of the University of Virginia or the University of Virginia
Medical Center which contain proprietary, business-related information pertaining to
the operations of the University of Virginia Medical Center, including its business
development or marketing strategies and its activities with existing or future
joint venturers, partners, or other parties with whom the University of
Virginia Medical Center 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.
65. 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.
66. Records of the Medical College of Virginia Hospitals Authority pertaining
to any of the following: (i) 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; and the determination of marketing and operational strategies where
disclosure of such strategies would be harmful to the competitive position of
the Authority; and (ii) 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.
67. 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 is 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.
68. Confidential proprietary records which are provided by a franchisee under §
15.2-2108 to its franchising authority pursuant to a promise of confidentiality
from the franchising authority which 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.
69. 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.
70. Records submitted as a grant application, or accompanying a grant
application, to the Commonwealth Neurotrauma Initiative Advisory Board pursuant to
Article 12 (§ 32.1-73.1 et seq.) of Chapter 2 of Title 32.1, 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.
71. Information which 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.
72. Documents and other information of a proprietary nature furnished by a
supplier of charitable gaming supplies to the Charitable Gaming Commission pursuant
to subsection E of § 18.2-340.34.
73. Personal information, as defined in § 2.1-379, provided to the Board of the
Virginia Higher Education Tuition Trust Fund or its employees by or on behalf
of individuals who have requested information about, applied for, or entered
into prepaid tuition contracts 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 which does not
identify individuals or provide personal information. Individuals shall be
provided access to their own personal information.
74. 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.
C. Neither any provision of this chapter nor any provision of Chapter 26 (§
2.1-377 et seq.) of this title shall be construed as denying public access to contracts
between a public official and a public body, other than contracts settling
public employee employment disputes held confidential as personnel records
under subdivision 3 of subsection B of this section, or to records of the
position, job classification, official salary or rate of pay of, and to records
of the allowances or reimbursements for expenses paid to, any public officer,
official or employee at any level of state, local or regional government in the
Commonwealth or to 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 apply to records of the
official salaries or rates of pay of public employees whose annual rate of pay
is $10,000 or less.
D. No provision of this chapter 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.
§ 2.1-342.01. Exclusions to application of chapter.
A. 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 all licensees and permittees made by or submitted to the Alcoholic Beverage Control Board, the State Lottery Department, the Virginia Racing Commission, or the Charitable Gaming Commission.
2. State income, business, and estate tax returns, personal property tax returns, scholastic and confidential records held pursuant to § 58.1-3.
3. 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, which are in the sole possession of the maker thereof and which 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 eighteen years. For scholastic records of students under the age of eighteen 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 eighteen 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.
4. 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 eighteen 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.
5. Medical and mental records, except that such records may be personally reviewed by the subject person or a physician of the subject person's choice. However, the subject person's mental records may not be personally reviewed by such person when the subject person's treating physician has made a part of such person's records a written statement that in his opinion a review of such records by the subject person would be injurious to the subject person's physical or mental health or well-being.
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.
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 § 2.1-342. No such summaries or data shall include any patient-identifying information. Where the person who is the subject of medical and mental records is under the age of eighteen, 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.
6. 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. 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:
“Working papers” means those records prepared by or for an above-named public official for his personal or deliberative use.
“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 § 2.1-39.1.
7. Written advice of the county, city and town attorneys to their local government clients and any other records protected by the attorney-client privilege.
8. Legal memoranda and other work product compiled specifically for use in litigation or for use in an active administrative investigation concerning a matter which is properly the subject of a closed meeting under § 2.1-344.
9. 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.
10. Library records which can be used to identify both (i) any library patron who has borrowed material from a library and (ii) the material such patron borrowed.
11. 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 (i) any scoring key for any such test or examination and (ii) any other document which 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.
12. 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.
13. Records of active investigations being conducted by the Department of Health Professions or by any health regulatory board in the Commonwealth.
14. Records recorded in or compiled exclusively for use in closed meetings lawfully held pursuant to § 2.1-344. 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 reviewed or discussed in a closed meeting.
15. Reports, documentary evidence and other information as specified in §§ 2.1-373.2 and 63.1-55.4.
16. Proprietary information gathered by or for the Virginia Port Authority as provided in § 62.1-132.4 or § 62.1-134.1.
17. 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.
18. Vendor proprietary information software which may be in the official records of a public body. For the purpose of this section, "vendor proprietary software" means computer programs acquired from a vendor for purposes of processing data for agencies or political subdivisions of the Commonwealth.
19. Financial statements not publicly available filed with applications for industrial development financings.
20. 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.
21. 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.
22. 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 or local or regional industrial or economic development authorities or organizations, used by the Department, the Partnership, 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 the Partnership, 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.
23. Information which was filed as confidential under the Toxic Substances Information Act (§ 32.1-239 et seq.), as such Act existed prior to July 1, 1992.
24. Confidential records, including victim identity, provided to or obtained by staff in a rape crisis center or a program for battered spouses.
25. Computer software developed by or for a state agency, state-supported institution of higher education or political subdivision of the Commonwealth.
26. 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 Personnel and Training. However, nothing in this section shall prohibit the disclosure of information taken from inactive reports in a form which does not reveal the identity of charging parties, persons supplying the information or other individuals involved in the investigation.
27. Fisheries data which would permit identification of any person or vessel, except when required by court order as specified in § 28.2-204.
28. 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.
29. 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 § 2.1-639.40 or of formulating advisory opinions to members on standards of conduct, or both.
30. 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.
31. 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 (§ 2.1-714 et seq.). However, nothing in this section shall prohibit the distribution of information taken from inactive reports in a form which does not reveal the identity of the parties involved or other persons supplying information.
32. 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 9 (§ 63.1-172 et seq.) and 10 (§ 63.1-195 et seq.) of Title 63.1. 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.
33. Personal information, as defined in § 2.1-379, (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, or (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. However, access to one's own information shall not be denied.
34. 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.
35. 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.
36. 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 which 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.
37. 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.
38. 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 which 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.
39. 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 which 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.
40. Records concerning reserves established in specific claims administered by the Department of General Services through its Division of Risk Management as provided in Article 5.1 (§ 2.1-526.1 et seq.) of Chapter 32 of this title, or by any county, city, or town.
41. 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.
42. Reports and court documents required to be kept confidential pursuant to § 37.1-67.3.
43. 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; or (iv) the committee or the auditor with respect to an investigation or audit conducted pursuant to § 15.2-825. 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.
44. 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.
45. Documentation or other information which 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.
46. 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.
47. In the case of corporations organized by the Virginia Retirement System, (i) proprietary information provided by, and financial information concerning, coventurers, partners, lessors, lessees, or investors, and (ii) records concerning the condition, acquisition, disposition, use, leasing, development, coventuring, or management of real estate, the disclosure of which would have a substantial adverse impact on the value of such real estate or result in a competitive disadvantage to the corporation or subsidiary.
48. 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.
49. 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.
50. 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.
51. 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.
52. Information required to be provided pursuant to § 54.1-2506.1.
53. Confidential information designated as provided in subsection D of § 11-52 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 § 11-46.
54. 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.
55. 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.
56. Confidential proprietary records which are voluntarily provided by a private entity pursuant to a proposal filed with a public entity under the Public-Private Transportation Act of 1995 (§ 56-556 et seq.), pursuant to a promise of confidentiality from the responsible public entity, used by the responsible public entity for purposes related to the development of a qualifying transportation facility; and memoranda, working papers or other records related to proposals filed under the Public-Private Transportation Act of 1995, 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 “public entity” and “private entity” shall be defined as they are defined in the Public-Private Transportation Act of 1995.
57. 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; or records of emergency service agencies to the extent that such records contain specific tactical plans relating to anti-terrorist activity.
58. All records of the University of Virginia or the University of Virginia Medical Center which contain proprietary, business-related information pertaining to the operations of the University of Virginia Medical Center, including its business development or marketing strategies and its activities with existing or future joint venturers, partners, or other parties with whom the University of Virginia Medical Center 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.
59. 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.
60. Records of the Medical College of Virginia Hospitals 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; and 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.
61. 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.
62. Confidential proprietary records which are provided by a franchisee under § 15.2-2108 to its franchising authority pursuant to a promise of confidentiality from the franchising authority which 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.
63. 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.
64. Records submitted as a grant application, or accompanying a grant application, to the Commonwealth Neurotrauma Initiative Advisory Board pursuant to Article 12 (§ 32.1-73.1 et seq.) of Chapter 2 of Title 32.1, 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.
65. Information which 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.
66. Documents and other information of a proprietary nature furnished by a supplier of charitable gaming supplies to the Charitable Gaming Commission pursuant to subsection E of § 18.2-340.34.
67. Personal information, as defined in § 2.1-379, provided to the Board of the Virginia Higher Education Tuition Trust Fund or its employees by or on behalf of individuals who have requested information about, applied for, or entered into prepaid tuition contracts 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 which does not identify individuals or provide personal information. Individuals shall be provided access to their own personal information.
68. 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.
69. 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 systems or technologies, or operational and transportation plans or protocols, to the extent such disclosure would jeopardize the security or employee safety of (i) the Virginia Museum of Fine Arts or any of its warehouses; (ii) any government store or warehouse controlled by the Department of Alcoholic Beverage Control; (iii) any courthouse, jail, detention or law-enforcement facility; or (iv) any correctional or juvenile facility or institution under the supervision of the Department of Corrections or the Department of Juvenile Justice.
B. Neither any provision of this chapter nor any provision of Chapter 26 (§ 2.1-377 et seq.) of this title shall be construed as denying public access to (i) contracts between a public official and a public body, other than contracts settling public employee employment disputes held confidential as personnel records under subdivision 4 of subsection A; (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.
C. No provision of this chapter 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.
§ 2.1-342.2. 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.
“Law-enforcement official” includes the attorneys for the Commonwealth.
B. Law-enforcement officials 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 officials 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 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; and
6. All records of persons imprisoned in penal institutions in the Commonwealth provided such records relate to the imprisonment.
G. Records kept by law-enforcement agencies as required by § 15.2-1722 shall be subject to the provisions of this section 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.
§ 2.1-343. Meetings to be public; notice of meetings; recordings; minutes.
A. Except as otherwise specifically provided by law and except as provided in
§§ 2.1-344 and 2.1-345, All meetings of public bodies shall be public
meetings, including meetings and work sessions during which no votes are cast or any
decisions made. Notice including the time, date and place of each meeting shall be
furnished to any citizen of the Commonwealth who requests such information.
Notices for meetings of public bodies of the Commonwealth 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 points
during the meeting public comment will be received. Requests to be notified on
a continual basis shall be made at least once a year in writing and include
name, address, zip code and organization of the requester. 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.
Unless otherwise exempt, at least one copy of all agenda packets and materials
furnished to members of a public body for a meeting shall be made available for
inspection by the public at the same time such documents are furnished to the
members of the public body open, except as provided in § 2.1-344.
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 §§ 2.1-343.1, 2.1-343.1:1 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; in the office of the clerk of the public body, or in the case of a public body which 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, and organization, if any. The public body receiving such request shall provide notice of all meetings directly to each such person.
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.
Voting by secret or written ballot in an open meeting shall be a violation of
this chapter.
I. Minutes shall be recorded at all public 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. Audio or audio/visual records of open meetings shall be
public records which shall be produced in accordance with § 2.1-342.
§ 2.1-343.1. Electronic communication meetings.
A. It is 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 subsections B through F of this section, "public body" means
any public body of the Commonwealth, as provided in the definitions of
"meeting" and "public body" in § 2.1-341, but excluding excludes any political
subdivision or any governing body, authority, board, bureau, commission, district or agency of local government.
Such State public bodies may conduct any meeting, except executive or closed
meetings held pursuant to § 2.1-344, 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 subsection 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 thirty 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 location or 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 situation as provided in subsection F of this
section 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 Director of the Department of Information Technology with notice of all public meetings held through telephonic or video means pursuant to this section.
D. An agenda and materials which will be distributed to members of the public
body and which have been made available to the staff of the public body in
sufficient time for duplication and forwarding to all location sites 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 § 2.1-343. 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 twenty-five 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 which meets by telephonic or video means shall file with the Director of the Department of Information Technology 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 of this section, 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. As used in
this subsection "emergency" means an unforeseen circumstance rendering the notice
required by this section, or by § 2.1-343 of this chapter, impossible or
impracticable and which circumstance requires immediate action. 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 basis for nature of the
emergency shall be stated in the minutes.
§ 2.1-343.2. Transaction of public business other than by votes at meetings prohibited.
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.
Notwithstanding the foregoing, nothing contained herein shall be construed to prohibit 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.
§ 2.1-344. Closed meetings authorized for certain limited purposes.
A. Public bodies are not required to conduct executive or closed meetings.
However, should a public body determine that an executive or closed meeting is
desirable, such meeting shall be held 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 state public institutions of higher education where such matters
regarding such evaluation will necessarily involve discussion of the
performance of specific individuals might be affected by such evaluation. Any
teacher shall be permitted to be present during an executive session or a
closed meeting in which there is a discussion or consideration of a disciplinary matter which
involves the teacher and some student or students and the student or students
involved in the matter are 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 concerning
any student or students of any state 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 an executive or 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 condition, acquisition or use of real
property for a public purpose, or of the disposition of publicly held real
property, or of plans for the future of a state institution of higher
education which could where discussion in an open meeting would adversely
affect the value of property owned or desirable for ownership by such
institution 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. The investing 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 or attorneys, pertaining to actual or probable litigation, or other
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 which 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 state 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 state public institution of higher education 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 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 or, examinations or other documents
records excluded from this chapter pursuant to § 2.1-342 B 9
2.1-342.01 A 11.
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 executive session a closed meeting.
13. Discussion of strategy with respect to the negotiation of a siting
agreement or to consider the terms, conditions, and provisions of a siting
agreement if the governing body in open meeting finds that an open meeting will
have a detrimental effect an adverse affect 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 or executive session.
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 § 2.1-342 B 3 2.1-342.01 A 5, and those portions of
disciplinary proceedings by any regulatory board within the Department of
Professional and Occupational Regulation or Department of Health Professions
conducted pursuant to § 9-6.14:11 or § 9-6.14:12 during which the board
deliberates to reach a decision.
16. Discussion, consideration or review of State Lottery Department matters
related to proprietary lottery game information and studies or investigations
exempted from disclosure under subdivisions 37 and 38 of subsection B A of §
2.1-342 2.1-342.01.
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. [Repealed.]
20. 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.
21. 20. Discussion of plans to protect public safety as it relates to
terrorist activity.
22. 21. In the case of corporations organized by the Virginia Retirement
System, discussion or consideration of (i) proprietary information provided by, and financial
information concerning, coventurers, partners, lessors, lessees, or investors,
and (ii) the condition, acquisition, disposition, use, leasing, development,
coventuring, or management of real estate the disclosure of which would have a
substantial adverse impact on the value of such real estate or result in a
competitive disadvantage to the corporation or subsidiary.
23. 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.
24. 23. Those portions of meetings of the University of Virginia Board of
Visitors and those portions of meetings of any persons to whom management responsibilities for the
University of Virginia Medical Center have been delegated, in which there is
discussed proprietary, business-related information pertaining to the
operations of the University of Virginia Medical Center, including its business
development or marketing strategies and its activities with existing or future
joint venturers, partners, or other parties with whom the University of
Virginia Medical Center has formed, or forms, any arrangement for the delivery
of health care, if disclosure of such information would be harmful to
adversely affect the competitive position of the Medical Center.
25. 24. In the case of the Medical College of Virginia Hospitals Authority,
discussion or consideration of any of the following: the condition,
acquisition, use 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 be harmful to 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.
26. 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 actually is, impaired pursuant to
Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1.
27. 26. Those Meetings or portions of meetings of the Board of the Virginia
Higher Education Tuition Trust Fund wherein personal information, as defined in
§ 2.1-379, which has been provided to the Board or its employees by or on
behalf of individuals who have requested information about, applied for, or entered
into prepaid tuition contracts pursuant to Chapter 4.9 (§ 23-38.75 et seq.) of
Title 23 is discussed.
B. No resolution, ordinance, rule, contract, regulation or motion adopted,
passed or agreed to in an executive or a closed meeting shall become effective
unless the public body, following the meeting, reconvenes in open meeting and takes a vote of the
membership on such resolution, ordinance, rule, contract, regulation or motion which shall have its
substance reasonably identified in the open meeting. This section shall not be
construed to (i) require the disclosure of any contract between the
Intervention Program Committee within the Department of Health Professions and
an impaired practitioner entered into pursuant to Chapter 25.1 of Title 54.1 or
(ii) require the board of directors of any authority created pursuant to the
Industrial Development and Revenue Bond Act (§ 15.1-1373 et seq.), or any
public body empowered to issue industrial revenue bonds by general or special law,
to identify a business or industry to which subdivision A 5 of this section applies.
However, such business or industry must be identified as a matter of public
record at least thirty days prior to the actual date of the board's
authorization of the sale or issuance of such bonds.
C. Public officers improperly selected due to the failure of the public body to comply with the other provisions of this section shall be de facto officers and, as such, their official actions are valid until they obtain notice of the legal defect in their election.
D. Nothing in this section shall be construed to prevent the holding of
conferences between two or more public bodies, or their representatives, but
these conferences shall be subject to the same regulations procedures for
holding executive or closed sessions meetings as are applicable to any other
public body.
E. This section shall not be construed to (i) require the disclosure of any contract between the Intervention Program Committee within the Department of Health Professions and an impaired practitioner entered into pursuant to Chapter 25.1(§ 54.1-2515 et seq.) of Title 54.1 or (ii) require the board of directors of any authority created pursuant to the Industrial Development and Revenue Bond Act (§ 15.2-4900 et seq.), or any public body empowered to issue industrial revenue bonds by general or special law, to identify a business or industry to which subdivision A 5 applies. However, such business or industry shall be identified as a matter of public record at least thirty days prior to the actual date of the board's authorization of the sale or issuance of such bonds.
§ 2.1-344.1. Closed meetings procedures; certification of proceedings.
A. No closed meeting shall become an executive or closed meeting be held unless
the public body proposing to convene such meeting shall have has taken an
affirmative recorded vote in open session to that effect, by motion stating
specifically the purpose or purposes which are to be the subject of the meeting, and
reasonably identifying the substance of the matters to be discussed. A statement
shall be included in the minutes of the open meeting which shall make an open
meeting approving a motion which (i) identifies the subject matter, (ii) states the
purpose of the meeting and (iii) makes specific reference to the applicable
exemption or exemptions from open meeting requirements provided in § 2.1-343 or
subsection A of § 2.1-344 or in § 2.1-345, and. The matters contained in such
motion shall be set forth in those detail in the minutes of the open meeting.
A general reference to the provisions of this chapter or, the authorized
exemptions from open meeting requirements, or the subject matter of the closed
meeting shall not be sufficient to satisfy the requirements for an executive or
holding a closed meeting.
B. The notice provisions of this chapter shall not apply to executive or closed
meetings of any public body held solely for the purpose of interviewing candidates for the
position of chief administrative officer. Prior to any such executive or closed
meeting for the purpose of interviewing candidates, the public body shall
announce in an open meeting that such executive or closed meeting shall be held
at a disclosed or undisclosed location within fifteen days thereafter.
C. The public body holding an executive or a closed meeting shall restrict its
consideration of matters discussion during the closed portions meeting
only to those purposes matters specifically exempted from the provisions
of this chapter and identified in the motion required by subsection A.
D. At the conclusion of any executive or closed meeting convened hereunder, the
public body holding such meeting shall immediately reconvene in an open session
immediately thereafter meeting and shall take a roll call or other recorded
vote to be included in the minutes of that body, certifying that to the best of
the each member's knowledge (i) only public business matters lawfully
exempted from open meeting requirements under this chapter, and (ii) only such
public business matters as were identified in the motion by which the executive
or closed meeting was convened were heard, discussed or considered in the
meeting by the public body. Any member of the public body who believes that there
was a departure from the requirements of subdivisions (i) and (ii) above, shall
so state prior to the vote, indicating the substance of the departure that, in his
judgment, has taken place. The statement shall be recorded in the minutes of the public
body.
E. Failure of the certification required by subsection D, above, to receive the
affirmative vote of a majority of the members of the public body present during a
closed or executive session meeting shall not affect the validity or
confidentiality of such meeting with respect to matters considered therein in compliance with
the provisions of this chapter. The recorded vote and any statement made in connection
therewith, shall upon proper authentication, constitute evidence in any
proceeding brought to enforce the provisions of this chapter.
F. A public body may permit nonmembers to attend an executive or a closed
meeting if such persons are deemed necessary or if their presence will
reasonably aid the public body in its consideration of a topic which is a
subject of the meeting.
G. Except as specifically authorized by law, in no event may any public body
take action on matters discussed in any executive or closed meeting, except at
a public an open meeting for which notice was given as required by §
2.1-343.
H. Minutes may be taken during executive or closed sessions meetings of a
public body, but shall not be required. Such minutes shall not be subject to mandatory public disclosure.
§ 2.1-346. Proceedings for enforcement of chapter.
A. Any person, including the attorney for the Commonwealth acting in his official or individual capacity, denied the rights and privileges conferred by this chapter may proceed to enforce such rights and privileges by filing a petition for mandamus or injunction, supported by an affidavit showing good cause, addressed to the general district court or the court of record of the county or city from which the public body has been elected or appointed to serve and in which such rights and privileges were so denied. Failure by any person to request and receive notice of the time and place of meetings as provided in § 2.1-343 shall not preclude any person from enforcing his or her rights and privileges conferred by this chapter.
B. Any petition alleging denial of rights and privileges conferred by this chapter by a board, bureau, commission, authority, district or agency of the state government or by a standing or other committee of the General Assembly, shall be addressed to the general district court or the circuit court of the residence of the aggrieved party or of the City of Richmond. In any action brought before a general district court, a corporate petitioner may appear through its officer, director or managing agent without the assistance of counsel, notwithstanding any provision of law or Rule of the Supreme Court of Virginia to the contrary.
C. A The petition for mandamus or injunction under this chapter shall be heard
within seven days of the date when the same is made. However, any petition made outside of the regular terms of the circuit
court of a county which is included in a judicial circuit with another county
or counties, the hearing on the petition shall be given precedence on the
docket of such court over all cases which are not otherwise given precedence by
law.
D. The petition shall allege with reasonable specificity the circumstances of
the denial of the rights and privileges conferred by this chapter. A single
instance of denial of the rights and privileges conferred by this chapter shall
be sufficient to invoke the remedies granted herein. If the court finds the
denial to be in violation of the provisions of this chapter, the petitioner
shall be entitled to recover reasonable costs and attorney's fees from the
public body if the petitioner substantially prevails on the merits of the case,
unless special circumstances would make an award unjust. In making this
determination, a court may consider, among other things, the reliance of a
public body on an opinion of the Attorney General or a decision of a court that
substantially supports the public body's position. The court may also impose
appropriate sanctions in favor of the public body as provided in § 8.01-271.1.
E. In any action to enforce the provisions of this chapter, the public body shall bear the burden of proof to establish an exemption by a preponderance of the evidence. Any failure by a public body to follow the procedures established by this chapter shall be presumed to be a violation of this chapter.
§ 2.1-346.1. Violations and penalties.
In a proceeding commenced against members of public bodies under § 2.1-346 for
a violation of §§ 2.1-342, 2.1-342.01, 2.1-342.2, 2.1-343, 2.1-343.1,
2.1-343.2, 2.1-344 or § 2.1-344.1, the court, if it finds that a violation was
willfully and knowingly made, shall impose upon such member in his individual capacity,
whether a writ of mandamus or injunctive relief is awarded or not, a civil penalty of not
less than $25 $100 nor more than $1,000, which amount shall be paid into the
State Literary Fund. For a second or subsequent violation, such civil penalty shall
be not less than $250 $500 nor more than $1,000 $2,500.
§ 15.2-1722. Certain records to be kept by sheriffs and chiefs of police.
A. It shall be the duty of the sheriff or chief of police of every locality to
insure, in addition to other records required by law, the maintenance of
adequate personnel, arrest, investigative, reportable incidents, and
noncriminal incidents records necessary for the efficient operation of a
law-enforcement agency. Failure of a sheriff or a chief of police to maintain
such records or failure to relinquish such records to his successor in office
shall constitute a misdemeanor. Former sheriffs or chiefs of police shall be
allowed access to such files for preparation of a defense in any suit or action
arising from the performance of their official duties as sheriff or chief of
police. The enforcement of this section shall be the duty of the attorney for
the Commonwealth of the county or city wherein the violation occurs. Except for
information in the custody of law-enforcement officials relative to the identity of
any individual other than a juvenile who is arrested and charged, and the status of
the charge of arrest, the records required to be maintained by this section
shall be exempt from the provisions of Chapter 21 (§ 2.1-340 et seq.) of Title
2.1.
B. For purposes of this section, the following definitions shall apply:
"Arrest records" means a compilation of information, centrally maintained in law-enforcement custody, of any arrest or temporary detention of an individual, including the identity of the person arrested or detained, the nature of the arrest or detention, and the charge, if any.
"Investigative records" means the reports of any systematic inquiries or examinations into criminal or suspected criminal acts which have been committed, are being committed, or are about to be committed.
"Noncriminal incidents records" means compilations of noncriminal occurrences of general interest to law-enforcement agencies, such as missing persons, lost and found property, suicides and accidental deaths.
"Personnel records" means those records maintained on each and every individual employed by a law-enforcement agency which reflect personal data concerning the employee's age, length of service, amount of training, education, compensation level, and other pertinent personal information.
"Reportable incidents records" means a compilation of complaints received by a law-enforcement agency and action taken by the agency in response thereto.
§ 19.2-368.3. Powers and duties of Commission.
The Commission shall have the following powers and duties in the administration of the provisions of this chapter:
1. To adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions and purposes of this chapter.
2. Notwithstanding the provisions of subdivision B 1 of § 2.1-342 § 2.1-342.2,
to acquire from the attorneys for the Commonwealth, State Police, local police
departments, sheriffs' departments, and the Chief Medical Examiner such
investigative results, information and data as will enable the Commission to
determine if, in fact, a crime was committed or attempted, and the extent, if
any, to which the victim or claimant was responsible for his own injury. These
data shall include prior adult arrest records and juvenile court disposition
records of the offender. For such purposes and in accordance with § 16.1-305,
the Commission may also acquire from the juvenile and domestic relations district
courts a copy of the order of disposition relating to the crime. The use of any
information received by the Commission pursuant to this subdivision shall be
limited to carrying out the purposes set forth in this section, and this
information shall be confidential and shall not be disseminated further. The
agency from which the information is requested may submit original reports,
portions thereof, summaries, or such other configurations of information as
will comply with the requirements of this section.
3. To hear and determine all claims for awards filed with the Commission pursuant to this chapter, and to reinvestigate or reopen cases as the Commission deems necessary.
4. To require and direct medical examination of victims.
5. To hold hearings, administer oaths or affirmations, examine any person under oath or affirmation and to issue summonses requiring the attendance and giving of testimony of witnesses and require the production of any books, papers, documentary or other evidence. The powers provided in this subsection may be delegated by the Commission to any member or employee thereof.
6. To take or cause to be taken affidavits or depositions within or without the Commonwealth.
7. To render each year to the Governor and to the General Assembly a written report of its activities.
8. To accept from the government of the United States grants of federal moneys for disbursement under the provisions of this chapter.
§ 23-50.16:32. Confidential and public information.
A. The Authority shall be subject to the provisions of the Freedom of
Information Act (§ 2.1-340 et seq.), which shall include the exceptions
exclusions set forth in subdivision 66 of subsection B of § 2.1-342
60 of subsection A of § 2.1-342.01 and subdivision 2524 of
subsection A of § 2.1-344.
B. For purposes of the Freedom of Information Act (§ 2.1-340 et seq.), meetings of the Board shall not be considered meetings of the Board of Visitors of the University. Meetings of the Board may be conducted through telephonic or video means as provided in § 2.1-343.1 C through F or similar provisions of any successor law.
§ 32.1-283.1. State Child Fatality Review Team established; membership; access to and maintenance of records; confidentiality; etc.
A. There is hereby created the State Child Fatality Review Team, hereinafter referred to as the "Team," which shall develop and implement procedures to ensure that child deaths occurring in Virginia are analyzed in a systematic way. The Team shall review (i) violent and unnatural child deaths, (ii) sudden child deaths occurring within the first eighteen months of life, and (iii) those fatalities for which the cause or manner of death was not determined with reasonable medical certainty. No child death review shall be initiated by the Team until conclusion of any law-enforcement investigation or criminal prosecution. The Team shall (i) develop and revise as necessary operating procedures for the review of child, deaths, including identification of cases to be reviewed and procedures for coordination among the agencies and professionals involved, (ii) improve the identification, data collection, and record keeping of the causes of child death, (iii) recommend components for prevention and education programs, (iv) recommend training to improve the investigation of child deaths, and (v) provide technical assistance, upon request, to any local child fatality teams that may be established. The operating procedures for the review of child deaths shall be exempt from the Administrative Process Act (§ 9-6.14:1 et seq.) pursuant to subdivision 17 of subsection B of § 9-6.14:4.1.
B. The sixteen-member Team shall be chaired by the Chief Medical Examiner and shall be composed of the following persons or their designees: the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services; the Director of Child Protective Services within the Department of Social Services; the Superintendent of Public Instruction; the State Registrar of Vital Records; and the Director of the Department of Criminal Justice Services. In addition, one representative from each of the following entities shall be appointed by the Governor to serve for a term of three years: local law-enforcement agencies, local fire departments, local departments of social services, the Medical Society of Virginia, the Virginia College of Emergency Physicians, the Virginia Pediatric Society, Virginia Sudden Infant Death Syndrome Alliance, local emergency medical services personnel, Commonwealth's attorneys, and community services boards.
C. Upon the request of the Chief Medical Examiner in his capacity as chair of
the Team, made after the conclusion of any law-enforcement investigation or
prosecution, information and records regarding a child whose death is being
reviewed by the Team may be inspected and copied by the Chief Medical Examiner
or his designee, including, but not limited to, any report of the circumstances
of the event maintained by any state or local law-enforcement agency or medical
examiner, and information or records maintained on such child by any school,
social services agency or court. Information, records or reports maintained by
any Commonwealth's Attorney shall be made available for inspection and copying
by the Chief Medical Examiner pursuant to procedures which shall be developed
by the Chief Medical Examiner and the Commonwealth's Attorneys' Services
Council established by § 2.1-64.28:1. In addition, the Chief Medical Examiner
may inspect and copy from any Virginia health care provider, on behalf of the Team,
(i) without obtaining consent, the health and mental health records of the child and
those perinatal medical records of the child's mother that related to such
child, and (ii) upon obtaining consent from each adult regarding his personal
records, or from a parent regarding the records of a minor child, the health
and mental health records of the child's family. All such information and
records shall be confidential and shall be excluded from the Virginia Freedom
of Information Act (§ 2.1-340 et seq.) pursuant to subdivision 59 of subsection
B of § 2.1-342 54 of subsection A of § 2.1-342.01. Upon the conclusion of the
child death review, all information and records concerning the child and the child's family shall be
shredded or otherwise destroyed by the Chief Medical Examiner in order to ensure confidentiality. Such
information or records shall not be subject to subpoena or discovery or be
admissible in any criminal or civil proceeding. If available from other
sources, however, such information and records shall not be immune from
subpoena, discovery or introduction into evidence when obtained through such
other sources solely because the information and records were presented to the
Team during a child death review. Further, the findings of the Team may be
disclosed or published in statistical or other form which shall not identify
individuals. The portions of meetings in which individual child death cases are
discussed by the Team shall be closed pursuant to subdivision 23 22 of
subsection A of § 2.1-344. In addition to the requirements of § 2.1-344.1, all
team members, persons attending closed team meetings, and persons presenting information
and records on specific child deaths to the Team during closed meetings shall
execute a sworn statement to honor the confidentiality of the information,
records, discussions, and opinions disclosed during any closed meeting to
review a specific child death. Violations of this subsection shall be
punishable as a Class 3 misdemeanor.
D. Upon notification of a child death, any state or local government agency maintaining records on such child or such child's family which are periodically purged shall retain such records for the longer of twelve months or until such time as the State Child Fatality Review Team has completed its child death review of the specific case.
E. The Team shall compile annual data which shall be made available to the Governor and the General Assembly as requested. These statistical data compilations shall not contain any personally identifying information and shall be public records.
§ 52-8.3. Disclosure of criminal investigative records and reports; penalty.
Any person employed by a law-enforcement agency or other governmental agency
within the Commonwealth who has or has had access in an official capacity to an
official written record or report submitted in confidence to the Department of
State Police relating to an ongoing criminal investigation, and who uses or
knowingly permits another to use such record or report for any purpose not
consistent with the exemptions exclusions permitted in § 2.1-342 §§ 2.1-342.01
and 2.1-342.2, or other provision of state law, shall be guilty of a Class 2
misdemeanor.
The provisions of this section shall not be construed to impede or prohibit full access to information concerning the existence of any criminal investigation or to other verbal disclosures permitted by state police operating procedures.
§ 54.1-2517. Powers and duties of the Intervention Program Committee; certain meetings, decisions to be excepted from the Freedom of Information Act; confidentiality of records; immunity from liability.
A. The Intervention Program Committee shall have the following powers and duties:
1. To determine, in accordance with the regulations, eligibility to enter into the Program;
2. To determine, in accordance with the regulations, those Program participants who are eligible for stayed disciplinary action;
3. To enter into written contracts with practitioners which may include, among other terms and conditions, withdrawal from practice or limitations on the scope of the practice for a period of time;
4. To report to the Director and the health regulatory boards as necessary on the status of applicants for and participants in the Program; and
5. To report to the Director, at least annually, on the performance of the Program.
B. Records of the Intervention Program Committee, to the extent such records identify individual practitioners in the intervention program, shall be privileged and confidential, and shall not be disclosed consistent with the Virginia Freedom of Information Act (§ 2.1-340 et seq.). Such records shall be used by the Committee only in the exercise of the proper functions of the Committee as set forth in this chapter and shall not be public records nor shall such records be subject to court order, except as provided in subdivision C 4 below, or be subject to discovery or introduction as evidence in any civil, criminal, or administrative proceedings except those conducted by a health regulatory board.
C. Notwithstanding the provisions of subsection B above and of subdivision B 67
of § 2.1-342 61 of subsection A of § 2.1-342.01, the Committee may disclose
such records relative to an impaired practitioner only:
1. When disclosure of the information is essential to the intervention, treatment or rehabilitation needs of the impaired practitioner;
2. When release of the information has been authorized in writing by the impaired practitioner;
3. To a health regulatory board within the Department of Health Professions; or
4. When an order by a court of competent jurisdiction has been granted, upon a showing of good cause therefor, including the need to avert a substantial risk of death or serious bodily harm. In assessing good cause, the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate protections against unauthorized disclosures.
D. Pursuant to subdivision A 26 25 of § 2.1-344, the proceedings of the
Committee which in any way pertain or refer to a specific practitioner who may be, or who is actually,
impaired and who may be or is, by reason of such impairment, subject to disciplinary action by the
relevant board shall be excluded from the requirements of the Freedom of
Information Act (§ 2.1-340 et seq.) and may be closed. Such proceedings shall
be privileged and confidential.
E. The members of the Committee shall be immune from liability resulting from the exercise of the powers and duties of the Committee as provided in § 8.01-581.13.
2. That §§ 2.1-342.1 and 2.1-345 of the Code of Virginia are repealed.