FOIA Opinions by Topic
Opinions by topic: (MEETINGS) Definition of Which Are/Are Not Subject to FOIA's Provisions
(List all topics)
- FOI Advisory Council Opinion AO-05-11 (10/17/2011): A rescue squad which is a town department is subject to FOIA for records purposes, but is not subject to the open meetings requirements of FOIA.
- FOI Advisory Council Opinion AO-04-09 (5/15/2009): Section 15.2-2907 says that certain meetings that are or would be subject to review by the Commission on Local Government -- like consolidation and annexation discussions -- are not subject to FOIA.
- FOI Advisory Council Opinion AO-03-09 (5/8/2009): A task force jointly created by multiple public bodies to advise them is itself a public body subject to FOIA. Likewise, a regional public body provided for by statute and established by the resolutions of several local public bodies is also subject to FOIA. Both must comply with the procedural rules for conducting public meetings.
- FOI Advisory Council Opinion AO-12-08 (12/2/2008): As a general rule, an individual member of a board, designated as a liaison to staff, is not a public body for meetings purposes. Records prepared, owned, or possessed by that member in the transaction of public business are public records subject to FOIA.
- FOI Advisory Council Opinion AO-04-06 (3/27/2006): There is no special exemption in FOIA for a joint committee of conference of the General Assembly to hold a closed meeting on a budget bill.
- FOI Advisory Council Opinion AO-13-03 (5/30/2003): Virginia Baseball Stadium Authority is a public body subject to FOIA. A press conference attended by a quorum of a public body or committee members representing the body is a meeting under FOIA. Virginia Baseball Stadium Authority may not deny media kits to citizens who request them. Virginia Baseball Stadium Authority may not exclude members of the public from press conferences held to announce public business. Employees of the Virginia Baseball Stadium Authority may hold a private press conference without violating the letter of the law, but it would violate FOIA's spirit of openness.
- FOI Advisory Council Opinion AO-19-00 (12/15/2000): Parental request of school board for religious exemption (as a personal matter unrelated to the transaction of public business) is proper subject for a closed meeting if the topic has been identified with specificity in the motion to go into closed session.
- Attorney General's Opinion 1986-87 #030 (8/30/1986): A group that meets with at least three members of a state board must be open. Meetings with mere employees, who are not appointees or constituent members of the board, do not have to be open.
- Attorney General's Opinion 1982-83 #719 (1/28/1983): Mere presence of three members of a county board of supervisors on a private board of trustees does not convert a the board of trustees into a public body that needs to follow FOIA.
- Attorney General's Opinion 1981-82 #436 (12/29/1981): As long as no more than two members from any one local governing body particpate in a joint conference with other governing bodies to discuss regional issues, the joint meetings need not comply with FOIA.
- Attorney General's Opinion 1977-78 #054 (6/5/1978): School board hearing on budget must be open, though FOIA doesn't mandate a formal public hearing on the budget.
- Attorney General's Opinion 1977-78 #484 (9/27/1977): City council and taxpayers' association may meet together as long as FOIA's notice and minutes procedures are followed.
- Attorney General's Opinion 1975-76 #411 (11/5/1975): Late-night gathering of six council members with county manager, commonwealth attorney and select others to discuss police scandal was a meeting for purposes of FOIA.
- Attorney General's Opinion 1974-75 #568 (5/7/1975): General budget discussions must be public. Public vote required before adjourning to closed meeting.
- Attorney General's Opinion 1974-75 #582 (4/21/1975): Body cannot discuss general budget and general public employee salary levels in closed session.
- Attorney General's Opinion 1974-75 #574 (4/15/1975): Meetings between city manager and city council are public unless an exemption applies. Conflicting city charter provisions trump FOIA.
- Attorney General's Opinion 1974-75 #078 (4/8/1975): Meetings between school board employees and an education association need not be open.
- Attorney General's Opinion 1974-75 #022 (11/19/1974): Board employees may meet with employee representatives in closed session, though meeting with the representatives and the actual board must be open.
- Attorney General's Opinion 1973-74 #450 (4/10/1974): Board cannot meet in executive session to discuss general budgetary matters. Individual matters that fall within an exemption may be discussed, provided the procedures from entering into a closed meeting are followed.
- Attorney General's Opinion 1972-73 #496A (8/1/1972): Commission of Outdoor Recreation cannot discuss the funding for proposed park projects in closed session.
- Attorney General's Opinion 1969-70 #231 (2/18/1970): Discussions between a school board and a proposed teachers association must be open to the public.
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