December 21, 1972

THE HONORABLE JOSEPH M. KUCZKO
Commonwealth's Attorney for the County of Wise and City of Norton

72-73 495

Your recent letter requested an opinion as to which parts of the official records of the treasurer's office of Wise County could be examined by citizens.

Section 2.1-342 of the Code of Virginia, in the Virginia Freedom of Information Act, provides that official records, which are defined as "records pertaining to completed actions or transactions which the . . . (agency is) . . . required by statute to keep and maintain, or reports paid for by public funds," shall be:

"(Open) to inspection and copying by any citizens of this State having a personal or legal interest in specified records during the regular office hours of the custodian of such records. Access to such records shall not be denied to any such citizen of this State, nor to representatives of newspapers published in this State, and representatives of radio and television stations located in this State."

In addition, §58-919 requires that any taxpayer of the county be permitted to inspect the books, papers and monies pertaining to the treasurer's office. This right to inspect records is limited by §58-46, which prohibits any State or local revenue officer from divulging information "acquired by him in respect to the transactions, property, income or business of any person, firm or corporation while in the performance of his public duties."

In my opinion, these sections of the Code require the treasurer to permit public access to any records which he is required by law to keep unless they are in the categories listed in §58-46.

This right of access is subject to the restriction that there be some purpose for which the applicant desires the inspection. In addition, the custodian of the records may impose such reasonable restrictions and regulations as are necessary for the safety of the records, and the inspection must be had in such manner and at such times as not to interfere with the business of the office. See Report of the Attorney General (1954-1955), p. 240. Section § 2.1-342 supports this principle, as only those having a "personal or legal interest in specified records" may have access to them. The custodian of the records therefore has the power and the responsibility to require any person who wishes to inspect them to state his purpose in doing so and to specify the records or types of records which he wishes to inspect. The statute does not give any citizen or news medium the power to make an indiscriminate experimental search of the treasurer's records.