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Searching 2013-2014 Session

2013-2014 Session

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Public Records Legislative Study Committee

Report submitted Annually

Print

Previous Meetings - Full Report

Summary Report
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

2013-2014 Session

Change Session

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Public Records Legislative Study Committee
  • Main Committee Page
  • Document Search
  • Previous Meetings
Members
  • Rep. Donna Sweaney, Co-Chair
  • Sen. Jeanette K. White, Co-Chair
  • Sen. Claire Ayer
  • Sen. Peg Flory
  • Rep. Ronald E. Hubert
  • Rep. Linda J. Martin
  • Agatha Kessler, Committee Assistant
  • Information for Witnesses
  • List of Witnesses
Additional Information
  • Public Records Study Committee Charge

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