Public Records Legislative Study Committee

Report submitted Annually

Print

---

Friday, October 4, 2013

Meeting Details

Hearing Type

Standard

CDs

13-1, 2, 3, 4, 5

Meeting Record

9:30 AM

Public Records Study Committee

Summary of Committee's prior work

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  

10:15 AM

Overview of Exemptions Added and Substantively Amended in 2013

Select exemptions substantively amended in 2013
1 V.S.A. §317(c)(5)
16 V.S.A. §253
18 V.S.A. §4284
32 V.S.A. §3102

• Erik FitzPatrick, Legislative Counsel, Office of Legislative Council
  
• Anne Galloway, Editor and Co-Publisher, VT Digger
  
• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Allen Gilbert, Executive Director, American Civil Liberties Union
  
• Rosemary Gretkowski, General Counsel, Public Safety Department
  
• Stephen Klein, Chief Legislative Fiscal Officer, Joint Fiscal Office
  
• Mark Oettinger, General Counsel, Agency of Education
  
• Mary Peterson, Commissioner, Department of Taxes
  
• Donna Russo-Savage, Legislative Counsel, Office of Legislative Council
  
• Sara Teachout, Senior Fiscal Analyst, Joint Fiscal Office
  
• John Treadwell, Assistant Attorney General, Attorney General's Office
  

11:30 AM

Process of Reviewing New/Substantially Amended PRA Exemptions in Pending Legislation

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Rep. Donna Sweaney, Co-Chair, Public Records Legislative Study Committee
  
• Rep. Donna Sweaney, Co-Chair, Public Records Legislative Study Committee
  
• Sen. Jeanette K. White, Co-Chair, Public Records Legislative Study Committee
  
• Sen. Jeanette K. White, Co-Chair, Public Records Legislative Study Committee
  

12:15 PM

Lunch

12:45 PM

Public Records Exemptions

Natural Resources/Historic Preservation-Related Exemptions

• David Brotzman, GISP, Executive Director, Vermont Center for Geographic Information
  
• Matthew Chapman, General Counsel, Department of Environmental Conservation
  
• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Everett Marshall, Natural Heritage Information Manager, Wildlife Diversity Program, Department of Fish and Wildlife
  
• Trey Martin, Counsel for Government Affairs, Agency of Natural Resources
  
• Giovanna Peebles, State Archeologist, Agency of Commerce and Community Development
  

2:00 PM

Public Records Exemptions

Transportation/Motor Vehicle-Related Exemptions

• Toni Clithero, Assistant Attorney General, Agency of Transportation
  
• Tom McCormick, Assistant Attorney General, Department of Motor Vehicles
  

2:15 PM

Public Records Exemptions

Agriculture-Related Exemptions

• Diane Bothfeld, Deputy Secretary, Agency of Agriculture
  
• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Kristin Haas, Director, Food Safety and Consumer Protection, Agency of Agriculture, Food & Markets
  
• Jim Leland, Director, Division of Agriculture Resource Management, Agency of Agriculture, Food & Markets
  
• Dan Scruton, Dairy & Energy Chief, Agency of Agriculture, Food & Markets
  
• Diane Zamos, Assistant Attorney General, Agency of Agriculture, Food & Markets
  

2:40 PM

Public Records Exemptions

Professions and Occupations/Labor-Related Exemptions

• Dirk Anderson, General Counsel, Department of Labor
  
• Colin Benjamin, Legal Counsel, Office of Professional Regulation, Secretary of State's Office
  
• Catherine Fulton, Executive Director, Vermont Program for Quality in Health Care (VPQHC)
  
• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• David Herlihy, Executive Director, Vermont Board of Medical Practice
  
• Madeleine Mongan, Deputy Executive Vice-President, Vermont Medical Society
  
• Jill Olson, Vice President of Policy & Legislative Affairs, Vermont Association of Hospitals and Health Systems
  

3:00 PM

Adjourn

---

Friday, November 1, 2013

Meeting Details

Hearing Type

Standard

CDs

13-6, 7, 8, 9

Meeting Record

9:30 AM

Public Records Exemptions

Remaining transportation-related exemptions

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  
• John Zicconi, Executive Secretary, Transportation Board
  

10:00 AM

Public Records Exemptions

Notification to Government Operations Committees of PRA Exemptions in Pending Legislation

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

10:40 AM

Public Records Exemptions

Trade Secret/Confidential Business Information Exemptions

• Geoff Commons, Director of the Public Advocacy Division, Department of Public Service
  
• Debbie Damore, Purchasing and Contracting Manager, Department of Buildings & General Services
  
• Melissa Dever, Vice-president of Engineering, Competitive Computing
  
• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• John Kessler, General Counsel, Agency of Commerce and Community Development
  
• Emily Kisicki, Policy and Legal Advisor, Department of Buildings & General Services
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  
• William Reedy, Vice President and General Counsel, Vermont State Colleges
  
• Susanne Young, Assistant Attorney General
  

12:15 PM

Lunch

1:00 PM

Public Records Exemptions

Department of Financial Regulation Related Exemptions-Introduction

• David Cassetty, General Counsel, Department of Financial Regulation
  
• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Karla Nuissl, Assistant General Counsel, Department of Financial Regulation
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  
• Maria Royle, Legislative Counsel, Office of Legislative Council
  

3:00 PM

Act 23 Project

Review of draft questionnaires

3:30 PM

Adjourn

---

Friday, December 13, 2013

Meeting Details

Hearing Type

Standard

CDs

13-10,11, 12, 13, 14

Meeting Record

9:00 AM

Public Records Exemptions

1 V.S.A. § 317(c)(7) (personal records) and 1 V.S.A. §§ 317(c)(10), (c)(12)

• Dan Barrett, Staff Attorney, American Civil Liberties Union - Vermont
  
• Toni Clithero, Assistant Attorney General, Agency of Transportation
  
• Steven Collier, General Counsel, Department of Human Resources
  
• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• William Griffin, Deputy Attorney General, Office of the Attorney General
  
• Karen Horn, Director, Vermont League of Cities and Towns
  
• Barry Kade, Attorney, Montgomery, VT
  
• Tom Little, Vice-President and General Counsel, Vermont Student Assistance Corporation
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

11:00 AM

Public Records Exemptions

New proposed whistleblower exemption

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Doug Hoffer, State Auditor
  

12:30 PM

Public Records Exemptions

1 V.S.A. § 317(c)(9) (trade secrets): discussion of November 1, 2013 meeting testimony
Committee Discussion

• Eric Benson, Attorney, Vermont Rail System
  
• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

12:00 PM

Lunch

12:45 PM

Act 23 Project

Review draft bill, questionnaire responses
Committee Discussion

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  

2:15 AM

Public Records Exemptions

Discuss committee recommendations on exemptions reviewed in 2013
Committee Discussion

3:00 PM

Public Records Exemptions

Plan final meeting; discuss process for finalizing annual report
Committee Discussion

---

Thursday, January 9, 2014

Meeting Details

Hearing Type

Standard

CDs

14-1, 2

Meeting Record

2:00 PM

Public Records Exemptions

Discuss and approve recommended process for referral and review of PRA exemptions by the House and Senate Committees on Government Operations

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

2:20 PM

Checklists for Reviewing Exemptions

Discuss and approve recommended checklists, whether and how to disseminate the checklists to other committees

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  

2:40 PM

Public Records Exemptions

Discuss trade secret exemption substance and process, and formulate a recommendation

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  

3:00 PM

Public Records Act

Mechanisms to provide advisory opinions and advice to public agencies on how to apply the Public Records Act

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

3:30 PM

Public Records Exemptions

Review of 2014 Annual Report, Including Recommendations to Implement Goals of Act 23 and Amend 1 V.S.A. § 317(c)(7), and Discussion of Response to Testimony Regarding a Proposed Whistleblower Exemption

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  

4:45 PM

Public Records Study Committee

Review of draft letters to commerce, transportation committees

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  

---

Monday, September 15, 2014

Meeting Details

Hearing Type

Standard

CDs

14-3, 4, 5, 6

Meeting Record

9:30 AM

Committee Charge

2011 Acts and Resolves No. 59, Sec. 11

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

9:40 AM

Public Records Exemptions

Exemptions Created and Repealed/Replaced in 2014

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  

10:00 AM

Public Records Exemptions

Run through of 82 exemptions that the Committee has not yet reviewed, related to the following subject areas:
I. General Government, Misc
II. Judiciary and Court Records
III. Criminal Justice, Public Safety
IV. Public Health
V. Legislative Branch

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  
• Steve Jeffrey, Executive Director, Vermont League of Cities and Towns
  
• Michael O'Grady, Legislative Counsel, Office of Legislative Council
  

12:00 PM

Lunch

12:30 PM

Public Records Exemptions

Continuation of run-through of 82 exemptions

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

2:00 PM

Public Records Study Committee

Discuss committee priorities for 2014 meetings
Committee Discussion

3:00 PM

Adjourn

---

Friday, October 10, 2014

Meeting Details

Hearing Type

Standard

CDs

14-7, 8, 9, 10, 11

Meeting Record

9:00 AM

Public Records Exemptions

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

10:30 AM

Break

10:40 AM

Public Records Exemptions

11:40 AM

Public Records Exemptions

• Steve Jeffrey, Executive Director, Vermont League of Cities and Towns
  

11:45 AM

Public Records Exemptions

• Richard Boes, Commissioner, Department of Information & Innovation
  
• Michael Duane, Director of the General Counsel and Administrative Law Division, Attorney General's Office
  
• Steve Jeffrey, Executive Director, Vermont League of Cities and Towns
  
• Jeff Lively, General Counsel, Department of Buildings & General Services
  

12:15 PM

Lunch

12:45 PM

Public Records Exemptions

• Steve Jeffrey, Executive Director, Vermont League of Cities and Towns
  

1:00 PM

Public Records Exemptions

• Michael Duane, Director of the General Counsel and Administrative Law Division, Attorney General's Office
  
• Steve Jeffrey, Executive Director, Vermont League of Cities and Towns
  

1:15 PM

Public Records Exemptions

• David Englander, Senior Policy and Legal Advisor, Department of Health
  
• Michael Manning, Department of Public Safety
  

2:00 PM

Public Records Exemptions

• Barbara Prine, Attorney, Vermont Legal Aid
  
• Jackie Rogers, Director, Office of Public Guardian
  

2:30 PM

Public Records Exemptions

• Nicole Mace, Assistant Executive Director and General Counsel, Vermont School Boards Association
  

2:45 PM

Public Records Study Committee

• Allen Gilbert, Executive Director, American Civil Liberties Union
  

3:00 PM

Adjourn

---

Friday, October 31, 2014

Meeting Details

Hearing Type

Standard

CDs

14-12, 13, 14, 15, 16

Meeting Record

9:00 AM

Public Records Exemptions

• Michael Duane, Director of the General Counsel and Administrative Law Division, Attorney General's Office
  
• Karen L. Richards, Executive Director, Vermont Human Rights Commission
  

9:20 AM

Public Records Exemptions

• Willa Farrell, Court Diversion Director, Vermont Court Diversion
  
• Bram Kranichfeld, Executive Director, Department of State's Attorneys & Sheriffs
  
• Judy Rex, Executive Director, Vermont Center for Crime Victims Services
  
• Matthew Valerio, Defender General, Office of the Defender General
  

10:00 AM

Public Records Exemptions

• George Belcher, Hearing Officer, Office of Professional Regulation
  
• Ronald Shems, Chair, Natural Resources Board
  

10:30 AM

Public Records Exemptions

• Joanne Ertel, Probate Judge and Chair, Advisory Committee on Probate Rules
  

10:40 AM

Break

10:50 AM

Public Comment

• John Flowers, President, Vermont Press Association, Senior reporter, Addison Independent
  
• Allen Gilbert, Executive Director, American Civil Liberties Union
  
• Tom Kearney, Managing Editor, Stowe Reporter and Waterbury Record
  

12:15 PM

Break

12:30 PM

Public Records Exemptions

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

12:45 PM

Public Records Exemptions

• Delores Burroughs-Biron, MD, Health Services Director, Department of Corrections
  
• Catherine Fulton, Executive Director, Vermont Program for Quality in Health Care (VPQHC)
  
• Doug Hoffer, State Auditor, State Auditor's Office
  

1:30 PM

Public Records Act

• Jeffrey Wallin, Director, Vermont Criminal Information Center
  

2:00 PM

Public Records Exemptions

• Jim Barlow, City Attorney, City of South Burlington
  

2:10 PM

Public Records Exemptions

• June Tierney, General Counsel, Public Service Board
  

2:30 PM

Public Records Exemptions

3:00 PM

Adjourn

---

Friday, November 21, 2014

Meeting Details

Hearing Type

Standard

CDs

14-17, 18, 19, 20

Meeting Record

10:00 AM

Public Records Exemptions

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

10:15 AM

Public Records Act

10:35 AM

Public Records Study Committee

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  

11:45 AM

Public Records Exemptions

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

12:30 PM

Break

12:45 PM

Public Records Study Committee

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  

2:00 PM

Public Records Exemptions

• Steven Collier, General Counsel, Department of Human Resources
  

2:15 PM

Public Records Study Committee

• Helena Gardner, Legislative Counsel, Office of Legislative Council
  

3:00 PM

Adjourn

---