September is the beginning of several different seasons. It’s football season (as you may remember from my last column, we dropped my son off at Virginia Tech last month, so Go Hokies!), it’s back-to-school season, in Virginia it’s election season (early Voting starts this week) and in Richmond, it’s “Boards, Councils and Commissions Season” — at least that’s what I’m calling it.

Virginia has a very short legislative session — 60 days in the even years and an even more concise 45 days in the odd years. As we get ready for the 2025 Session, the pace of commission work picks up in September, October and November.

I currently serve as Chairman of the Virginia Code Commission as well as a member of the Joint Legislative Audit Review Commission (JLARC), the Virginia Military Advisory Council, the Secure and Resilient Commonwealth Panel (SRCP), the Judicial Conference of Virginia District Courts, the House Select Committee on Maintaining Campus Safety and First Amendment Expression, and the Virginia Tribes Commission. I also Chair the Virginia Freedom of Information Advisory Council (FOIA Council).

In my time on the FOIA Council, I have come to appreciate the issues surrounding FOIA requests in Virginia. Now that I am the Chair, I am eager to take a closer look at this process.

What is FOIA?

The Freedom of Information Act (FOIA) was enacted in 1966, empowering the public to request access to federal agency records, ensuring that citizens, journalists, and watchdog organizations can monitor government activities. FOIA plays a crucial role in upholding democratic values by shedding light on the workings of public institutions, preventing corruption, and fostering informed public debate. By making government actions visible, FOIA strengthens trust between citizens and their representatives, reinforcing the principle that government should serve the people with integrity and openness.

Virginia FOIA Council

The Virginia Freedom of Information Advisory Council brings this transparency to the state-level. The Council helps resolve FOIA-related disputes by answering questions from private citizens, public officials, and the media about access to public records and meetings. Under Virginia law, the presumption is that all public officials’ documents and all meetings of state and local public bodies are open to the public. However, there are exceptions, which often lead to good faith disagreements between interested parties.

The Council has the authority to issue advisory opinions with the intent to resolve disputes by clarifying what the law requires and to guide future practices. That said, it has no authority to mediate disagreements but can serve as a resource, conduct training seminars, and publish educational materials.