March 22, 1977

THE HONORABLE MARY A. MARSHALL
Member, House of Delegates

76-77 317

In your recent letter, you asked several questions which I will answer seriatim.

1. Are salaries of individual school board employees open for inspection and copying by citizens under the provisions of the Virginia Freedom of Information Act (§§2.1-340 through -346 of the Code)?

Section 2.1-342(b)(3) of the Code of Virginia (1950), as amended, which excludes personnel records from the provisions of the Freedom of Information Act, has consistently been held to exempt from public inspection or disclosure the salaries of identifiable individuals. See Reports of the Attorney General (1975-1976), at 416; (1973-1974) at 454.

2. Are salaries of individual school board employees included in the definition of "personal information" in the Privacy Protection Act of 1976 (§§2.1-377 through -386 of the Code)?

The second paragraph of §2.1-379 of the Code includes wthin the definition of "personal information" anything about an individual's employment record. An employee's salary would be a part of his employment record and, therefore, would be "personal information."

3. Are memoranda, working papers and correspondence held by the office of the school board or the division superintendent open for inspection and copying by citizens under the Virginia Freedom of Information Act?

A school board, although dependent for funding on another governmental agency, is classified as an independent political subdivision, since it may sue and be sued in its own name, hold and convey real estate and personal property, enter into contracts, and hire, supervise and discharge its own employees. See Opinion to the Honorable Ross G. Horton, Acting County Attorney for Prince William County, dated December 8, 1976, a copy of which is enclosed. See also Reports of the Attorney General (1975-1976) at 298; (1971-1972) at 458; (1970-1971) at 435.

Section 2.1-342(b)(4) of the Code provides in pertinent part: "(b) The following records are excluded from the provisions of this chapter:

* * * "(4) Memoranda, working papers and correspondence held by members of the General Assembly or by the office of the Governor or Lieutenant Governor, Attorney General or the mayor or other chief executive officer of any political subdivision of the State or the president or other chief executive officer of any state-supported institutions of higher education." (Emphasis added.)

The division superintendent is the chief executive officer of the school division. In view of the above-quoted statutory language, I am of the opinion that the exemption from the disclosure requirements of the Freedom of Information Act contained in §2.1-342(b)(4) is applicable to the memoranda, working papers and correspondence held by the office of the division superintendent. This exemption, however, does not apply to similar records held by the school board. Cf. Report of the Attorney General (1975-1976) at 416.