Virginia panel backs clearer public records cost estimates

(The Center Square) – Government agencies would have to explain their public records cost estimates in more detail under a proposal endorsed Monday by a Virginia advisory subcommittee.

The Virginia Freedom of Information Advisory Council’s Records Subcommittee recommended requiring an itemized breakdown when someone requests an estimate. The proposal now goes to the full council and would need legislative approval before becoming law.

People can already ask agencies for an estimate before paying for records. State law limits charges to reasonable, actual costs. The proposed change would require a breakdown of that estimate. It would not set a fee limit, and the final charge could be different.

Megan Rhyne, executive director of the Virginia Coalition for Open Government, brought the proposed wording to the subcommittee. She said knowing how an agency reached its estimate could help residents narrow a request. A breakdown would also help a judge review the charges if a dispute goes to court.

Lola Rodriguez Perkins, the council’s local government representative, questioned whether itemization would create additional work at the estimate stage. She requested guidance showing agencies what they would need to provide.

In a separate meeting Monday, the council’s Meetings Subcommittee voted 4-2 to table further discussion of changes to public meeting requirements and make no recommendation, with plans to revisit the issue after the legislative session.

Members considered alternatives to House Bill 463 from Del. Laura Jane Cohen, D-Fairfax, which was continued to the 2027 session.

Current law generally requires an open meeting with advance notice when three or more members of a public body gather to discuss public business. The requirement also applies to fewer members if they form a quorum, the minimum number needed to conduct official business.

One alternative would raise the threshold to four for bodies with eight or more members. Under that change, three members of a nine-member school board could discuss school business together without public notice or an open meeting.

Michael Molloy, Fairfax County Public Schools’ director of government relations, supported the change as administrative relief that would preserve transparency. The coalition and the Virginia Press Association opposed it, citing concerns about public access and compliance.

Meetings Subcommittee Chairwoman Maria Everett criticized public bodies seeking more meeting flexibility while resisting changes to make records fees more reasonable.

“Convenience doesn’t belong to the government,” Everett said.

The fee recommendation goes to the full council, which can also consider the meeting proposal. Its next meeting is scheduled for Nov. 16.

This post was originally published on The Center Square.

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