VIRGINIA FREEDOM OF INFORMATION ACT. AMENDMENT REQUIRING PUBLIC DISCLOSURE OF JOB CLASSIFICATION, SALARY AND EXPENSE REIMBURSEMENT RECORDS OF OFFICERS AND EMPLOYEES OF STATE, LOCAL AND REGIONAL GOVERNMENT. APPLICABLE TO EMPLOYEES EARNING MORE THAN $10,000 ANNUALLY.

August 15, 1978

The Honorable Frank D. Harris
Commonwealth's Attorney for Mecklenburg County

78-79 310

You have asked whether, upon proper request, the county administrator is required to disclose county records revealing the names and salaries of all county employees earning more than $10,000 annually.

Chapter 810 [1978] Acts of Assembly 1393, amended the Freedom of Information and Privacy Acts, effective July 1, 1978, and requires public disclosure, upon proper request, of records of the position, job classification, official salary or rate of pay, and expense reimbursements paid to any public officer, official or employee at any level of State, local or regional government. The amendment specifically exempts from required disclosure salaries of employees whose annual pay is $10,000 or less.^l

Prior to its amendment by Ch. 810, the Freedom of Information Act (the "Act") had been interpreted as not requiring the disclosure of salary records of individually named public employees. See Reports of the Attorney General (1973-1974) at 454 and (1975-1976) at 416. The Act had never been interpreted to exempt from required disclosure records of the salary or salary range assigned to a public job or position, as distinguished from the salary of a named employee or official holding such position. Thus, Ch. 810 obviously requires disclosure of more than salary ranges. The amendment modifies the Freedom of Information and Privacy Acts to require disclosure of salary records of named individuals, previously exempt from disclosure under the personnel records exemption.

I, therefore, conclude that the county administrator is required by the Act to disclose, upon proper request, the names and salaries of county employees who earn more than $10,000 annually.

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Footnotes:

1. Chapter 810 [1978] Acts of Assembly, enacted as §§2.1-342(c) and 2.1-382C, provides, in relevant portion: "Neither any provision of this chapter nor any provision of Chapter 26 [Chapter 21 for 2.1-382C.] of this title shall be construed as denying public access to records of the position, job classification, official salary or rate of pay of, and to records of the allowances or reimbursements for expenses paid to any public officer, official or employee at any level of State, local or regional government in this Commonwealth whatsoever; provided, however, that the provisions of this subsection shall not apply to records of the official salaries or rates of pay of public employees whose annual rate of pay is ten thousand dollars or less."