Repeater
Regular Member
imported post
TFred wrote:
SB 711 Freedom of Information Act; disclosure of criminal investigative records.
TFred wrote:
Consider this FOIA bill from Senator Edwards, SB711:Looks like UMW thinks they are above the FOIA laws... The article quotes many of the same players who are fighting against HB 79, which protects the personal information of CHP applicants.
Read the official "reason" at the bottom. If this ever gets in front of a judge, he's going to laugh it right out the door.
TFred
http://fredericksburg.com/News/FLS/2010/022010/02022010/524098/
UMW won't release call
February 2, 2010 12:35 am
BY JEFF BRANSCOME
The University of Mary Washington has classified President Judy Hample's emergency call to campus police last fall as "evidence related to a criminal investigation," even though it was a test.
...
Jeff Branscome: 540/374-5402
Email: jbranscome@freelancestar.com
UMW's response to The Free Lance-Star's Freedom of Information Act Request:
The Freedom of Information Act (Act) lists certain exclusions from the chapter, which permit agencies to withhold certain records. The records you have requested are excluded from the provisions of the Act. Specifically, Va. Code Ann. 2.2-3706(F)(1) excludes "complaints, memoranda, correspondence, case files or reports, witness statements, and evidence relating to a criminal investigation or prosecution, other than criminal incident information as defined in subsection A." There is one record, an audio recording, that meets the description of your request for "copies of the recordings." However, your request falls within the exclusion of 2.2-3706(F)(1), because it is evidence related to a criminal investigation. As a result, the records you requested are being entirely withheld.
SB 711 Freedom of Information Act; disclosure of criminal investigative records.
Limits the exemption for criminal investigative or prosecution records to those investigations or prosecutions that are ongoing. As a result, criminal investigative and prosecution records would be open to the public after the ongoing criminal investigation or prosecution has become final or has been otherwise terminated, unless there is jeopardy to any other criminal investigation or prosecution. The bill contains technical amendments.
Look at the bill text. This bill will be considered next Monday, February 8[sup]th[/sup].