FOIA Opinions by Topic
Opinions by topic: (RECORDS) Salaries
(List all topics)
- FOI Advisory Council Opinion AO-01-09 (3/25/2009): The Office of the Executive Secretary of the Supreme Court of Virginia is an agency of the Commonwealth supported wholly or principally by public funds; opinion also address response time, and failure to respond properly.
- Wigand v. Wilkes (9/1/2004): Public television and radio station not a public body because less than two-thirds of funding comes from public money, and they do not perform a delegated governmental function.
- FOI Advisory Council Opinion AO-04-04 (3/19/2004): The Department cannot require you to pay charge that included charges for copies that you clearly did not request, and includes a charge for the benefits of the person that responded to your request, which is not an allowable charge. While FOIA does require the Department to provide you with records of the salary of Department employees, it does not require that benefits information also be made available. The Department could, at its discretion, withhold such information as a personnel record pursuant to subdivision A 4 of § 2.2-3705. In providing you the salary information, FOIA does not require the Department to create lists or spreadsheets including this information; providing you with individual records showing each employee's salary would satisfy the requirements of FOIA. While providing you with a spreadsheet of the salary information may be the most user-friendly format, the Department may not charge you for the creation of such a record without first reaching an agreement with you concerning the costs associated with its creation. The Department may still create the spreadsheets, absent an agreement, if it feels more comfortable providing the information in that format, but it cannot recoup these costs if you did not agree to it. Finally, the Department may not deny you the right to inspect the records on the grounds that you have not paid $207.50 because it did not estimate the charges in advance and request a deposit. Therefore, the records must be made available to you for inspection in accordance with your original request.
- FOI Advisory Council Opinion AO-11-03 (4/30/2003): An exception to the general rule that a public body does not have to create a record that does not exist is when the requested information is for employee salaries. General recommendation that public body and requester work together to clarify requests. General advice to compare information contained in records oneself instead of relying on public body to do it.
- FOI Advisory Council Opinion AO-01-02 (1/16/2002): FOIA requires the release of records of position, job classification, official salary or rate of pay, and records of allowances or reimbursements for expenses paid. Records pertaining to the retirement of school employees may be withheld as personnel records.
- FOI Advisory Council Opinion AO-28-01 (5/31/2001): Actions taken pertaining to a specific school employee may be withheld, but also may be disclosed; the name, salary and job assignment of school employees must be disclosed.
- FOI Advisory Council Opinion AO-17-00 (12/12/2000): An individual is entitled to his personnel record; general job classification and salary information of public officials is specifically available under FOIA.
- Attorney General's Opinion 1999 #075 (2/17/2000): Under law as it existed prior to July 1, 1999, advance notice of a telephone meeting didn't need to list all locations from where telephone participation was to take place. Post-July 1, 1999, law says all locations must be identified.
- Attorney General's Opinion 1987-88 #033 (7/22/1988): Names and salaries of government employees making over $10,000/year are public and may be published by third parties.
- Attorney General's Opinion 1982-83 #731 (4/5/1983): When government employee is being paid two salaries for two different government functions, only the one that meets the statutory minimum for disclosure under FOIA need be disclosed.
- Attorney General's Opinion 1982-83 #708 (3/7/1983): Employment contract detailing salary is an official record. Salary of incoming dean at William and Mary subject to disclosure, regardless of the existence of an employment contract.
- Attorney General's Opinion 1980-81 #394 (3/20/1981): Public salaries over $10,000 subject to mandatory disclosure; salaries under $10,000 may be disclosed voluntarily.
- Attorney General's Opinion 1978-79 #310 (8/15/1978): County must disclose salary of county employees earning more than $10,000.
- Attorney General's Opinion 1978-79 #311 (7/5/1978): records of the position, job classification, salary or rate of pay and expense reimbursements paid to officials and employees of the University of Virginia are subject to required disclosure.
- Attorney General's Opinion 1977-78 #489 (1/12/1978): Salaries of identifiable employees may be disclosed. Financial interest statements filed with clerk of court are open.
- Attorney General's Opinion 1976-77 #317 (3/22/1977): Salaries of identifiable employees need not be disclosed. Working papers of school division superintendent are exempt, but not similar papers held by the school board.
- Attorney General's Opinion 1969-70 #317A (6/18/1970): Salary information on school board personnel is open, but there's no requirement that the information be complied.
- Attorney General's Opinion 1969-70 #317 (6/16/1970): Records on salaries paid to public employees open.
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