VIRGINIA FREEDOM OF INFORMATION ACT

March 24, 1978

THE HONORABLE BERNARD G. BARROW
Member, House of Delegates

77-78 493

You have asked whether working papers, letters, reports, maps or other documents in the possession of a member of the Planning Staff of a city government, prepared by city employees and pertaining to a proposal to amend the city's zoning ordinances, are "official records" subject to the provisions of §2.1-342 of the Virginia Code which requires that official records be open to inspection.

Section 2.l-342(a), Code of Virginia (1950), as amended, provides in part:

"Except as otherwise specifically provided by law, all official records shall be open to inspection and copying by any citizens of this State during the regular office hours of the custodian of such records."

"Official records" are defined in § 2.1-341(b) to include:

all written or printed books, papers, letters, documents, maps and tapes, photographs, films, sound recordings, reports or other material, regardless of physical form or characteristics, made and received in pursuance of law by the public officers of the State and its counties, municipalities and subdivisions of government in the transaction of public business."

Maps, letters, reports made or received by city planning officials pertaining to a proposed zoning ordinance amendment are, in my view, official records within the intendment of §2.1-341(b). Accordingly, such records are subject to required public disclosure under the provisions of §2.1-342(a), unless exempt under the provisions of §2.1-342(b)(1)-(6) or other laws. Based upon the rather general description of the records you provide, I find none of the exceptions to the requirement of public disclosure set forth in §2.1-342(b)(1)-(6) applicable. Further, I am aware of no other statute which would provide an exemption for such records.

Therefore, I am of the opinion that the records are official records subject to required public disclosure to any citizen of this State upon proper request. Statutory requirements for making a request in proper form are set forth in §2.l-342(a).