The Register-Herald, Beckley, West Virginia

Local News

January 18, 2012

Delegate Tim Armstead wants improvements in FOIA

By Mannix Porterfield Register-Herald Reporter

CHARLESTON — House Minority Leader Tim Armstead thinks a Freedom of Information Act bill before the chamber is solid legislation.

But Armstead says it can be improved before today’s planned showdown and he hopes to add some teeth to it.

Moved to third reading with a restricted right to amend, HB2402 alters the definition of a public record.

In current statute, Armstead said the law can be read to deny the public access to certain records because it doesn’t specifically cover the content they are seeking.

“Someone may ask for records and all relating to A, B, and C, and they may not directly relate to them in the wording of the document,” Armstead, R-Kanawha, said after Tuesday’s floor session.

“But in content, they may relate to that subject.”

In essence, the proposal expands the scope of what will be included in documents that could be turned over.

“I think it’s a positive bill in general, but we can make it better by addressing some of these exceptions,” the GOP leader said.

“It’s almost like the tail wagging the dog. There are exceptions after exceptions after exceptions.”

One troublesome aspect is that information can be held from the public if it is contained in a memorandum or a correspondence, Armstead said.

“That, to me, is way too broad,” the delegate said.

Armstead planned to huddle with Judiciary Chairman Tim Miley, D-Harrison, before the floor session to see if an acceptable amendment could be put to the House for a vote.

“We have a chance now to amend our Freedom of Information Act,” he said.

“We can make it something that encourages disclosure, rather than discourages it.”

Armstead said it is possible to offer more than one amendment.

“I think the bill itself is a good bill,” the delegate said.

“It changes the definition of what a public record is.”

Lawmakers also had votes scheduled today on bills that would eliminate the requirement of serving domestic violence orders by certified mail, address the filing of a civil petition for expungement of records in an arrest and require a judge’s permission before a juror’s information can be disclosed.

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