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By Nicholas F. Benton (nfbenton@fcnp.com)

Richmond Votes To Exempt Itself From FOIA

By a vote of 52-48, the Virginia General Assembly voted Monday to exempt itself from the open-meeting provision of the Virginia Freedom of Information Act. The bill allows for private caucus meetings and unannounced, informal gatherings of legislators.

Defending the bill, Del. Leo Wardrup Jr. (R-Virginia Beach) called the state's existing "open government" laws an "unnatural interference" with the legislature's ability to write laws. "We don't want the press, the governor or the courts making our rules."

But Del. David Nutter (R-Montgomery) disagreed. "I've seen the Freedom of Information Act work. I think it keeps us honest," he said.

The bill was precipitated by a ruling from Attorney General Jerry Kilgore that said the daily legislative caucuses of the two political parties are not public bodies covered under the FOIA. Those gatherings would be considered public, however, if members discussed an upcoming vote on the floor.

"This bill should send a chill down the spine of everyone in this room," said Del. Albert Pollard Jr. (D-Lancaster). "This bill takes the potential of the public right to know as k-n-o-w to n-o."

The bill now goes to the Senate, where it could face stiffer opposition.

Ebbin Advances Public Defender Bill in Richmond

Northern Virginia's new delegate Adam Ebbin is taking the point on behalf of Arlington County and the City of Falls Church on behalf of establishing a Public Defender program for the two jurisdictions.

Arlington attorney David Oblon, who testified on behalf of the Ebbin legislation in Richmond last week, told the News-Press he expects the measure will succeed and will have no net fiscal impact since it will simply be a more efficient and "user friendly" way for provide services for citizens needing legal assistance.

F.C. Charter Changes Pass, Scott Reports

Meanwhile, Del. Jim Scott reports that the changes requested by the City of Falls Church in its charter have passed, virtually ensuring they will become law. The charter changes remove "micro-management" language from the charter, giving the City staff greater flexibility to carry out administrative functions, and was supported by both employer and employee groups in the Falls Church City government before being forwarded to the General Assembly by a unanimous vote of the Falls Church City Council.

  
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