VIRGINIA FREEDOM OF INFORMATION ACT -- "Official Records" -- Exempt from public inspection when held by division superintendent of schools; not exempt when distributed by him to school board.

June 3, 1977

THE HONORABLE WILLIAM F. WATKINS, JR.
Commonwealth's Attorney for Prince Edward County

76-77 315

In your recent letter, requesting an opinion relating to the Virginia Freedom of Information Act, §§2.1-340 through -346.1 of the Code of Virginia (1950), as amended, you state:

"The question is when do matters of the school board become public record. The specific question involves the superintendent of schools who prepares and forwards to each member of the school board prior to its meeting a folder containing agenda, informational correspondence and working memoranda. . . .

"It would be appreciated if you would advise whether in your opinion the budget, informational correspondence, working memoranda, etc., sent to the board are public records, therefore, being subject to copying by an interested citizen."

"Official records" are defined in §2.1-341(b) to include ". . . all written or printed . . . papers, letters, documents . . . reports or other material, regardless of physical form or characteristics, made and received in pursuance of law by the public officers of the . . . subdivisions of government in the transaction of public business." Accordingly, all of the documents you mentioned are official records from their receipt or creation.

All official records are available for public inspection pursuant to §2.1-342(a), unless specifically exempted by §2.1-342(b), subsections (1) through (6), or other provisions of law. Section 2.1-342(b)(4) exempts "[memoranda], working papers and correspondence held by . . . the . . . chief executive officer of any political subdivision of the State." The division's superintendent is the chief executive officer of his school division, and documents in his possession are therefore excluded. This exemption, however, does not apply to similar records held by the school board. Once official records are distributed by the division superintendent, the exemption in §2.1-342(b)(4) no longer applies, and the documents are available for public inspection unless exempt under some other provision. See Opinion to the Honorable Mary A. Marshall, Member, House of Delegates, dated March 22, 1977, a copy of which is enclosed. See also Report of the Attorney General (1975-1976) at 416.