A proposed change to Virginia’s Freedom of Information Act (FOIA) has hit a roadblock after concerns raised by Fairfax County officials prompted state lawmakers to reconsider the bill.

According to reporting from FFX Now, the measure, which aims to enhance transparency in local government decision-making, passed the Virginia Senate unanimously on Jan. 31. 

However, a subcommittee of the House Committee on General Laws voted to send the bill to the Virginia Freedom of Information Advisory Council for further review. This move effectively delays the proposal’s progress, likely pushing its consideration to the 2026 legislative session. 

The bill, sponsored by state Sen. Adam Ebbin, contained several key provisions aimed at increasing transparency. One significant change would have required that all decisions made by elected bodies, like county boards of supervisors, be posted publicly before meetings. If items were added to the agenda during a meeting, they could be discussed but would not be voted on until a later date. While the bill included exceptions for “time-sensitive” issues, this vague wording raised concerns about potential misuse by local officials. 

Megan Rhyne, executive director of the Virginia Coalition for Open Government (VCOG), noted that the original language referred to “emergency” actions but was changed due to its negative connotations. 

The VCOG worked with Ebbin and other groups, including the Virginia Municipal League and the Virginia Press Association, to refine the bill. After it passed the Senate, some local leaders voiced concerns.

Arlington County officials raised issues regarding executive session provisions but ultimately took a neutral stance after language adjustments were made. However, Fairfax County strongly opposed the bill. 

Fairfax County’s lobbyist, Claudia Arko, warned that the vague language could lead to unintended consequences, particularly following a 2023 Virginia Supreme Court ruling that invalidated parts of a zoning ordinance adopted by Fairfax due to violations of open-meetings laws. The ruling forced the county to go through a time-consuming process of re-adopting the revisions. 

Arko urged the committee to have the FOIA council review the proposal and provide recommendations. While Rhyne expressed frustration over the delay, she acknowledged that Fairfax’s opposition emerged only after the bill passed the Senate. “I am disappointed that this is going to the FOIA Council,” she said. “We could have delivered some protection against last-minute actions this year, but now we’ll have to wait.”

Posted: February 19, 2025
Category: Brechner News
Tagged as: Brechner FOI Project, Brechner Freedom of Information Project, FOIA, open records laws, Secrecy Tracker