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June 2008

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Subject:
From:
"Judd, Amy (LVA)" <[log in to unmask]>
Reply To:
Virginia Records Officer's Listserv <[log in to unmask]>
Date:
Fri, 20 Jun 2008 10:57:40 -0400
Content-Type:
text/plain
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text/plain (96 lines)
"Working papers" was used in a specific context in my correspondence
with Lois and the advice given her in that context was correct.

However, John is also correct in that "working papers" (not drafts) of
certain officials are considered records. 

-----Original Message-----
From: Virginia Records Officer's Listserv
[mailto:[log in to unmask]] On Behalf Of Breeden, John B.
Sent: Friday, June 20, 2008 8:44 AM
To: [log in to unmask]
Subject: Re: Draft Agreement

I view "working papers" as significantly different from "drafts", the
latter of which should be considered "transitory records" in my opinion.
(And not subject to the VPRA but still potentially subject to litigation
(at any time) and FOIA once they are no longer working papers.    

"Working papers" are not defined under the Virginia Public Records Act
but are defined under the Freedom of Information Act as "those records
prepared by or for an above-named public official (see next paragraph)
for his personal or deliberative use."  There are several other
references to "working papers" in the Code of Virginia that would lead
me to infer that many working papers are very definitely not drafts. 

The above named "individuals" are: Office of the Governor; Lieutenant
Governor; the Attorney General; the members of the General Assembly or
the Division of Legislative Services; the mayor or chief executive
officer of any political subdivision of the Commonwealth; or the
president or other chief executive officer of any public institution of
higher education in Virginia. 
Regards,
John Breeden

-----Original Message-----
From: Virginia Records Officer's Listserv
[mailto:[log in to unmask]] On Behalf Of Lois Reeves
Sent: Thursday, June 19, 2008 9:07 AM
To: [log in to unmask]
Subject: Re: Draft Agreement

Sheri -

I asked a similar question a while back.  The question was whether
working papers are subject to FOIA.  Here's the answer from Amy Judd,
one of the LVA Analysts. 

From:  <[log in to unmask]> 2/11/2008 12:58 PM >>> It is my
understanding that once the product is final, the working papers used to
come to the product are not records and can be destroyed.
Therefore, they are not records up to that point. They ARE records
during the process, however.  

I hope this helps.


Lois Reeves
Records Manager
City of Chesapeake
757-410-7160


>>> Sheri Heflin <[log in to unmask]> 6/18/2008 3:19 PM >>>
Can someone direct me to the schedule which talks about the destruction
of draft documents once the document has been approved or finalized.  I
don't believe we have to keep the draft or complete the RM-3 but I
cannot find the proof I need.

Thanks in advance!

Sheri L. Heflin
Administrative Secretary
Augusta County Service Authority
(540) 245-5683 Office
(540) 245-5684 Fax
[log in to unmask] 

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