VMI Board of Visitors Schedule Feb 6 - 8
| Tracking # |
25-29 |
| Submitted | Feb. 8, 2025 |
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Communications
From: Anonymous
To Whom It May Concern:
Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:
Records showing all changes and versions of the the "MEETING SCHEDULE" for the Board of Visitors meetings February 6 – 8, 2025 posted to the BOV website showing the by date and time events.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Tom Nash, a citizen of Virginia, in coordination with Anonymous.
From: Virginia Military Institute
Virginia Military Institute
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From: Virginia Military Institute
Virginia Military Institute
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Record request #25-29 has been published and is now available for public view.
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From: Virginia Military Institute
Virginia Military Institute
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Record request #25-29 has been closed. The closure reason supplied was:
Records responsive to your request are available at the link below:
https://vmi.box.com/s/ed1t6h9uk4gauvjw9kdljd0z5lwyyiez
Responsive records not contained in the link either could not be found or do not exist.
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25-29_Nash
From: Anonymous
File 2502 Schedule shows it was created February 11, 2025 and this was after the BOV sessions. The FOIA was for the original and all changes. This indicates the notices for the meeting were also changed and so these schedules whould be with those notices that should be released with them starting with the original when the first notice was posted and all changes. Please send the missing documents.
From: Anonymous
In addition to the incomplete response to my request covered in my previous message, the redactions applied to the schedules provided are improper and the full document should be released. According to a Virginia FOIA Counsel Review, the requirements to convene a closed meeting are set forth in subsection A of § 2.2-3712, which reads in full as follows: A. No closed meeting shall be held unless the public body proposing to convene such meeting has taken an affirmative recorded vote in an open meeting approving a motion that (i) identifies the subject matter, (ii) states the purpose of the meeting and (iii) makes specific reference to the applicable exemption from open meeting requirements provided in § 2.2-3707 or subsection A of § 2.2-3711. The matters contained in such motion shall be set forth in detail in the minutes of the open meeting. A general reference to the provisions of this chapter, the authorized exemptions from open meeting requirements, or the subject matter of the closed meeting shall not be sufficient to satisfy the requirements for holding a closed meeting." The redacted portions of the agenda are clearly and purely the "subject matter" in terms of the general tpics covered. Further, it is unclear how the simply listing of the topics to be covered in Closed session are "Superintendent's Working Papers" since they do not fit the definition of that term. If you intent to continue claiming this exemption further detail and associated legal opinion from the Attorney General's Office is required as the current response is in conflict with FOIA Counsel advice and published opinions. Please resend these records with the redactions of the subject matter removed.
From: Virginia Military Institute
Virginia Military Institute
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A message was sent to you regarding record request #25-29:
The file creation date reflects the new file that was created when the redactions were applied. Nothing in the schedules provided "indicates the notices for the meeting were also changed." The meeting notice posted on Jan. 21, 2025, states, "The Virginia Military Institute Board of Visitors is conducting meetings on Feb. 6 - 8, 2025, during the times indicated on the meeting schedule posted in the Upcoming Meetings section of the VMI Board of Visitors website." The change in schedule was posted on the Upcoming Meetings page on Feb. 5, 2025. No change to the meeting notice was necessary nor made. The meeting notice is publicly available at https://www.vmi.edu/media/content-assets/documents/bov/ay2425/2502PublicNotice.pdf.
The redactions in file 2502 Schedule.pdf are not improper. The board president made proper motions which stated the purpose, identified the subject matter, and cited the proper code section for the closed session exemptions. Each time, the motion was approved by a vote of the board. (Archived video of the closed session motions are available at the VMI Board of Visitors YouTube page.) The redacted record was created at the superintendent's request for his personal use, thereby making the record a "working paper" in accordance with the "working paper" definition in Va. Code § 2.2-3705.7.(2.). In the spirit of transparency, the record, which could have been withheld in its entirety, was released with redactions. The redactions contain notes that were created for the superintendent's use during closed session. Such notes are not subject to disclosure under Va. Code § 2.2-3705.1.(5.).
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