Policy 6-2014

Dear Ms. Womack:

The Virginia Coalition for Open Government writes to comment on the updated FOIA compliance manuals for the Department of Environmental Quality, the Air Pollution Control Board, the State Water Control Board and the Virginia Waste Management Board.

It appears the same policy applies to all four entities and the policy addresses two legislative changes, effective July 1, 2021, one affecting 2.2-3705.1(10) and the other affecting 2.2-3705.6(29). VCOG’s comments are directed solely to the former.

Section 2.2-3705.1(10) exempts the personal contact of individuals who have signed up to receive communications from a public body. It was altered in 2021 to extend the exemption to members of a public body (e.g., commissioners on a board). It was also altered in 2021 to change the records from being presumed open unless the individual providing contact information opted out, to now being presumed closed unless the individual has opted in.

VCOG wishes to confirm that the agencies listed above will continue to adhere to the purpose of the law — which is to shield contact information only when citizens have provided it in order to receive one-way announcements, news and other materials from the agency or board members — and not to interpret or apply it as a general exemption for contact information that is shared when a citizen is engaged in direct back-and-forth communication with board members or agency staff.

We wish to suggest the following amended language to the “Non-disclosure of Personal Contact Information” statement on page 8:

The agency withholds individual personal contact information if the individual has provided his or her personal contact information for the sole purpose of receiving electronic mail news and announcements sent to a general audience from the agency. Personal contact information is defined as an individual’s home and/or business physical address, email address, telephone number and/or comparable number assigned to an electronic device.

Thank you for your time and attention, and for your service to the Commonwealth.

Megan Rhyne