VIRGINIA FREEDOM OF INFORMATION ACT. AMENOMENT REQUIRING PUBLIC DISCLOSURE OF JOB CLASSIFICATION, SALARY AND EXPENSE REIMBURSEMENT RECORDS OF OFFICERS AND EMPLOYEES OF STATE LOCAL AND REGIONAL GOVERNMENT. APPLICABLE TO OFFICIALS AND EMPLOYEES OF UNIVERSITY OF VIRGINIA.

July 5, 1978

The Honorable Frank L. Hereford, Jr.,
President University of Virginia

78-79 311

You have asked whether Ch. 810 [1978] Acts of Assembly 1393, effective July 1, 1978, which amends the Virginia Freedom of Information and Privacy Protection Acts by requiring public disclosure of job classification, salary and expense reimbursement records of employees of any "level of state, local or regional government..." is applicable to officials and employees of the University of Virginia.

The Freedom of Information Act (the "Act") requires that the official records of all public bodies, State governmental agencies and institutions shall be open to public inspection, unless otherwise specifically provided by law. See §§2.1-341(a) and 2.1-341(c).¹ The records disclosure requirements have consistently been interpreted to apply to the records of State-supported colleges and universities. See Opinion to the Honorable Thomas A. Graves, dated December 3, 1973, and found in Report of the Attorney General (1973-1974) at 454, 455; Opinion to the Honorable Lewis P. Fickett, Jr., dated July 24, 1975, and found in Report of the Attorney General (1975-1976) at 416, 417. This interpretation is confirmed by certain provisions of the Act, for example §2.1-342(b)(4), which provides a specific exemption from disclosure requirements for the records of the president of a State-supported university.

Prior to the enactment of Ch. 810 [1978] Acts of Assembly, records of salaries of university officials and employees were exempt from public disclosure under the provisions of §2.l-342(b)(3) which exempts "personnel records" from required disclosure. See Fickett Opinion, supra. The "personnel records" exemption has been interpreted to apply similarly to salaries of employees of other public bodies, for example, county employees. See Opinion to the Honorable Jerry K. Emrich, dated January 12, 1978 (copy enclosed).

Chapter 810 [1978] Acts of Assembly, effective July 1, 1978, takes away the disclosure exemption for certain personnel records, including "records of the position, job classification, official salary or rate of pay. and reimbursements for expenses paid to any public officer, official or employee at any level of State, local or regional government in this Commonwealth whatsoever I find nothing in the provisions of Ch. 810 which indicates that its application to employees of State "government" was intended to apply to fewer agencies than the public bodies subject to the Act. Accordingly, I am of the opinion that an employee of the University of Virginia is an employee of State government so that his salary is subject to disclosure under the Act.

You have called to my attention the Opinion to the Honorable John R. Thompson, dated February 12, 1971, and found in Report of the Attorney General (1970-1971) at 60, which ruled that a university professor was not a salaried officer of State government for purposes of 4 of Art. IV of the Virginia Constitution, which prohibits any member of the General Assembly from holding a salaried office under State government. It is, however, also clearly stated in the Thompson Opinion that a university professor is an employee of a State governmental agency as distinguished from an officer of State government. Chapter 810 [1978] Acts of Assembly applies to the records of employees of governmental agencies at all levels of government.

I, therefore, conclude that the records of the position, job classification, salary or rate of pay and expense reimbursements paid to officials and employees of the University of Virginia are subject to required disclosure as provided in the Act, as amended by Ch. 810 [1978] Acts of Assembly, effective July 1, 1978.

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Footnotes:

1. This section applies to "any legislative body, authority, board, bureau, commission, district or agency of the State or of any political subdivision of the State, including cities, towns and counties; municipal councils, governing bodies of counties, school boards and planning commissions; and other organiations, corporations or agencies in the State, supported wholly or principally by public funds"