"The University of Virginia’s desire to conceal the identities of its financial donors who wish to stay anonymous hit a snag Thursday.

Lawmakers in a House of Delegates subcommittee declined to endorse a bill that would allow UVa to exempt anonymous donors’ identities from Virginia’s open records law. UVa officials assert that if they cannot promise that certain donors’ names will be hidden from the public, those potential benefactors will choose not to open their checkbooks.

“I want to allow UVa to do everything it says it needs to do to raise money for its endowment,” said Del. Glenn Oder, R-Newport News, who introduced the bill at UVa’s request. Sen. R. Edward Houck, R-Spotsylvania, has filed an identical version of the bill in the Senate.

Citing concerns over potential conflicts of interest, the House subcommittee asked UVa to return next week with amendments to the bill that would ensure anonymous donors do not gain an unfair advantage in real estate deals, procurement or admissions.

“There are some very unsavory people out there who have a lot of money and who might want to give donations,” said Del. Terrie L. Suit, R-Virginia Beach. “It gives me pause that they could give anonymously.”

The bill would do more than just shield the names of UVa’s anonymous contributors. It would also exempt from the Freedom of Information Act a long list of personal information about more than 450,000 potential donors - including their financial worth, date of birth, marital status and Social Security numbers - that the university keeps in a vast computer database.

“Philanthropy is an increasingly important part of the university’s finances,” said Robert D. Sweeney, UVa’s senior vice president for development and public affairs. “Donors want to trust UVa to keep their personal information private.”

UVa’s donor database plays a key role in the university’s ongoing $3 billion fundraising campaign. University officials began their efforts to increase donor privacy after The Daily Progress requested a copy of the database under the Freedom of Information Act.

Open government advocates do not object to UVa’s attempt to shield its donors’ personal information. They do object to the idea that a public institution should be allowed to withhold the names of its financial backers. Of the $1.45 billion raised by UVa so far in its fundraising campaign, $74 million came from anonymous donors.

“We think [UVa] is a public body and they should remain so in all purposes,” testified Craig Merritt, an attorney who was speaking on behalf of the Virginia Press Association. Merritt also represents The Progress.

Sweeney said the university has numerous checks in place to prevent anonymous donors from influencing procurement, admissions or anything else. “Believe it or not, none of our development officers are even allowed to talk to anyone in admissions,” he said.

Most of Virginia’s public higher education institutions - including Virginia Tech, George Mason University and James Madison University - are already permitted to keep anonymous donors private because nonprofit foundations affiliated with the universities maintain the records. At UVa, Virginia State University and UVa’s college at Wise, a central database commingles records of contributors to both UVa and its affiliated foundations, thereby making the entire database public information.

The Senate version of the bill will be considered at a subcommittee hearing Feb. 4. The House version is expected to be brought back up Thursday." (Brian McNeill, The Daily Progress, January 25, 2008)