Public Records Legislative Study Committee

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Wednesday, July 27, 2011

Meeting Details

Hearing Type

Standard

CDs

11-1,2,3,4

Meeting Record

9:30 AM

Convene

9:35 AM

Review Act No. 59 Statutory Charge

• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

10:00 AM

Nominate; Elect Co-Chairs

10:10 AM

Staff Time Charge for Inspection/Copy of Public Records

• Rep. Donna Sweaney, House Committee On Government Operations
  
• Sen. Jeanette K. White, Putney
  

10:25 AM

Municipal Appointment of Records Officer

• Brian Leven, Deputy Secretary, Secretary of State's Office
  

10:45 AM

Break

11:00 AM

Review of Public Records Act Exemptions

• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

11:30 AM

Identification/Prioritization of Exemptions for Committee Review

12:00 PM

Lunch

1:00 PM

Public Records and Government Contracts; Review of Laws in Other States

• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

1:30 PM

Testimony of Interested Parties

• Conor Casey, Legislative Liaison, Vermont State Employees Association
  
• Allen Gilbert, Executive Director, American Civil Liberties Union
  
• Andy McLean, McLean, Meehan & Rice
  
• Beth Robinson, Legal Counsel, Office of the Governor
  
• Julie Tessler, Director, Vermont Council of Developmental and Mental Health Services
  
• Susan Zeller, Deputy Commissioner, Department of Finance & Management
  

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Thursday, September 8, 2011

Meeting Details

Hearing Type

Standard

CDs

11-5,6,7,8,9,

Meeting Record

9:30 AM

Convene

9:35 AM

Review List of Exemptions that Do Not Require Committee Review

• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

10:00 AM

Witness Testimony of List of Exemptions

• Allen Gilbert, Executive Director, American Civil Liberties Union
  
• Jack Hoffman, Analyst, Public Assets Institute
  
• Paul Hudson, (Retired Judge)
  
• Melanie Kehne, Natural Resources Board
  
• Cynthia Webster, Director, Retirement Policy Outreach
  
• Gered Williams, UVM Student
  
• Susan Zeller, Deputy Commissioner, Department of Finance & Management
  

10:30 AM

Category of Exemptions for Review: Identify categories and Witnesses

12:00 PM

Lunch

1:00 PM

Definition of right to privacy in other states

2:00 PM

Contracts and the PRA

3:30 PM

Schedule Next Meeting

3:35 PM

Adjourn

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Thursday, October 13, 2011

Meeting Details

Hearing Type

Standard

Comments

Subject: Tax Exemptions

CDs

11-10,11,12,13

Meeting Record

9:30 AM

Tax Record Exemptions

• Molly Bachman, General Counsel, Department of Taxes
  
• David Fielding, Treasurer, Manchester
  
• Allen Gilbert, Executive Director, American Civil Liberties Union
  
• Peter Griffin, Legislative Counsel, Office of Legislative Council
  
• Steve Jeffrey, Executive Director, Vermont League of Cities and Towns
  
• Karen Lafayette, Lobbyist, City Of Burlington
  
• Brian Leven, Legal Counsel, Secretary of State's Office
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  
• John O'Keefe, Town Manager, Manchester
  

12:00 PM

Lunch

1:00 PM

Committee Discussion

(Tax Record Exemption)

1:30 PM

Discussion of "private information" language

(Committee Discussion)

• Mike Donaghue, Vermont Press Association
  
• Allen Gilbert, Executive Director, American Civil Liberties Union
  
• Peter Griffin, Legislative Counsel, Office of Legislative Council
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  
• John O'Keefe, Town Manager, Manchester
  
• Beth Robinson, Legal Counsel, Office of the Governor
  

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Thursday, November 17, 2011

Meeting Details

Hearing Type

Standard

CDs

11-14, 15,16,17

Meeting Record

9:30 AM

Health Care Related Exemptions

• Dirk Anderson, Counsel, Department of Labor
  
• Francis "Paco" Aumond, Director, Division of Criminal Justice Services, Vermont Department of Public Safety
  
• Susan Gretkowski, Lobbyist, MVP Healthcare
  
• Susan Harritt, Assistant Attorney General, Agency of Human Services
  
• Dixie Henry, Principal Assistant to the Commissioner, Department of Health
  
• Robin Lunge, Director of Health Care Reform, Agency of Administration
  
• Clifford Peterson, General Counsel, Department of Banking, Insurance, Securities & Health Care Administration
  
• Bessie Weiss, AAG, Department of Health
  

12:00 PM

Lunch

1:00 PM

Health Care Related Exemptions (cont.)

• Allen Gilbert, Executive Director, American Civil Liberties Union
  
• Kathy Kilcourse, Director, VT People with AIDS Coalition
  
• TBA Other
  
• Virginia Renfrew, Lobbyist, Network Against Domestic & Sexual Violence
  
• Charles Storrow, Lobbyist, Blue Cross/Blue Shield of Vermont
  

1:30 PM

Applicability of Public Records to Agency Government Contractors

• James Caffry, Esq., Caffry Law, PLLC
  

2:00 PM

Draft Language re: Confidentiality of Property Taxes Adjustment

• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

2:30 PM

Committee Discussion re: next meetings date and agenda

3:00 PM

Adjourn

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Thursday, December 15, 2011

Meeting Details

Hearing Type

Standard

CDs

09-1

Meeting Record

9:30 AM

Review of 1 V.S.A § 317 (c)(23):

Exemption for records of UVM or state college faculty or students produced or acquired in the conduct of study, research or creative efforts

• JoAnne Bourbeau, Senior State Director - VT/NH, Humane Society of US (by phone)
  
• Dr. A John Bramley, UVM Interim President, (by Phone)
  
• Dr. Domenico Grasso, Vice-President for Research and Dean of the Graduate College, University of Vermont
  
• Lori Kettler
  
• Dr. Lance Polya
  
• Gerard Williams
  

11:00 AM

Review of Committee Recommendation Regarding Tax Records

• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

12:00 PM

Lunch

1:00 PM

Review of Draft Recommendations Regarding Health Care Records Exemptions

• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  
• Clifford Peterson, General Counsel, Department of Banking, Insurance, Securities & Health Care Administration
  
• Bessie Weiss, Department of Health
  

2:00 PM

Review of Draft Recommendation re: Personal Information Exemption

• Barry Kade, Attorney, prisoner advocate
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

2:30 PM

Review Report of Draft Recommendations for 2012

• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

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Friday, January 6, 2012

Meeting Details

Hearing Type

Standard

CDs

09-1

Meeting Record

8:00 AM

Review Final Interim Report

Committee Discussion

• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

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Friday, September 28, 2012

Meeting Details

Hearing Type

Standard

CDs

12-2, 3, 4, 5

Meeting Record

9:30 AM

Introductions and Discussion

Staff introductions, review of charge, and prior year business

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Agatha Kessler, Supervisor of Committee Services, Office of Legislative Council
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

10:00 AM

Review of New Exemptions

Review of a Proposed House and Senate Rule Regarding the Government Operations Committees; Review of New Exemptions

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

10:30 AM

Secretary of State Act No. 59 Survey Report

Municipal Response to Public Records Requests

• Brian Leven, Deputy Secretary, Secretary of State's Office
  

11:15 AM

Schedule Future Meetings

11:30 AM

Lunch

12:30 PM

Public Records Exemptions

• Tom Candon, Deputy Commissioner, Department of Financial Regulation
  
• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  
• Clifford Peterson, General Counsel, Department of Financial Regulation
  

3:00 PM

Adjourn

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Friday, October 19, 2012

Meeting Details

Hearing Type

Standard

CDs

12-6, 7, 8, 9

Meeting Record

9:30 AM

Medical Marijuana Dispensaries

Confidentiality of Records Related to Medical Marijuana Dispensary Applications

• Francis Aumand, Director, Division of Criminal Justice Services, Department of Public Safety
  
• Allen Gilbert, Executive Director, American Civil Liberties Union of Vermont
  
• Tom Kearney, Managing Editor, Stowe Reporter and Waterbury Record
  
• Shayne Lynn, Executive Director, Champlain Valley Dispensary
  
• Virginia Renfrew, Lobbyist, People with AIDS Coalition
  

10:45 AM

Committee Discussion

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

11:30 AM

Public Records Exemptions

Human Services-related Exemptions

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Sarah Kenney, Associate Director of Public Policy, Vermont Network Against Sexual and Domestic Violence
  
• Brian Leven, Deputy Secretary, Secretary of State's Office
  
• Jackie Majoros, Long Care Ombudsman, Vermont Legal Aid
  

11:50 AM

Draft Legislation

Eliminating Secretary of State Report; General Exemption for Noncriminal, Regulatory Investigations

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  

12:00 PM

Lunch

12:30 PM

Public Records Exemptions

Human Services-related Exemptions

• Robin Arnell, Supervising Attorney, Vermont Office of Child Support, Department for Children & Families
  
• Jennifer Carbee, Legislative Counsel, Office of Legislative Council
  
• Martha Csala, Assistant Attorney General, Department for Children & Families
  
• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Susan Harritt, Assistant Attorney General, Legal Division Chief, Agency of Human Services
  
• Dena Monahan, Assistant Attorney General, Department of Mental Health
  
• Allan Ruggles, Assistant Attorney General, Attorney General's Office
  
• Stuart Schurr, Assistant Attorney General, Department of Disabilities, Aging & Independent Living
  
• Bessie Weiss, Assistant Attorney General, Department of Health
  

3:00 PM

Adjourn

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Friday, November 30, 2012

Meeting Details

Hearing Type

Standard

CDs

12-10, 11, 12, 13

Meeting Record

10:30 AM

Public Records Exemptions

Remaining Human Services Exemption (continued from 10/19/12 meeting), 15 V.S.A. §1140

• Amy Fitzgerald, Assistant Attorney General, Attorney General's Office
  
• Allen Gilbert, Executive Director, American Civil Liberties Union of Vermont
  

10:45 AM

Public Records Exemptions

Education-Related Exemptions

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Tom Little, Vice-President and General Counsel, Vermont Student Assistance Corporation
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  
• Mark Oettinger, General Counsel, Department of Education
  
• Donna Russo-Savage, Legislative Counsel, Office of Legislative Council
  

11:30 AM

Public Records Exemptions

Commerce-Related Exemptions

• Betsy Bishop, President, Vermont Chamber of Commerce
  
• Julie Kelliher, General Counsel, Department of Economic, Housing & Community Development
  
• John Kessler, General Counsel, Agency of Commerce and Community Development
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

12:30 PM

Lunch

1:30 PM

Public Records Exemptions

Energy/Public Service-Related Exemptions

• Laurence Becker, State Geologist, Agency of Natural Resources
  
• Joe Choquette, Downs Rachlin Martin, Vermont Petroleum Association
  
• Geoff Commons, Director of Public Advocacy, Department of Public Service
  
• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

2:00 PM

Public Records Exemptions

Corrections-Related Exemptions

• Dominic Damato, Corrections Facilities Operations Manager, Department of Corrections
  
• Barry Kade, Prisoner Rights Advocate
  
• Robert LaRose, Assistant Attorney General
  
• Seth Lipschutz , Supervising Attorney, Prisoners' Rights Office, Office of the Defender General
  

3:00 PM

Committee Discussion

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

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Friday, December 14, 2012

Meeting Details

Hearing Type

Standard

CDs

12-14, 15, 16

Meeting Record

9:45 AM

Public Records Exemptions

Correspondence with DFR and AHS regarding exemptions

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Allen Gilbert, Executive Director, American Civil Liberties Union of Vermont
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

10:00 AM

Public Records Exemptions

Review of draft 2012 table of exemptions and recommendations;
Committee discussion and public comment

• Keith Jones, Attorney, Primmer, Piper, Eggleston & Cramer
  

11:15 AM

Public Records Exemptions

Department of Financial Regulation-related exemptions

• Susan Donegan, Commissioner, Department of Financial Regulation
  
• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Clifford Peterson, General Counsel, Department of Financial Regulation
  

11:45 AM

Public Records Exemptions

Checklist for review of public records exemptions

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

12:00 PM

Review Committee's Other Recommendations

Repeal Acts and Resolves No. 59 § 14 (survey of municipalities); amend APA to require identification of exemptions created by rules; proposal for Government Operation Committee review of bills creating exemptions; recommend that committees of jurisdiction clarify medical marijuana rulemaking regarding registrant confidentiality

12:30 PM

Committee Report

Process for approving and finalizing January 15, 2013 report

12:45 PM

Lunch, followed by further committee discussion as needed

1:30 PM

Committee Discussion

2:20 PM

Adjourn

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