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February 6, 2001
Mr. Andy Herrick
James City County Assistant Attorney
Williamsburg, VA
The staff of the Freedom of
Information Advisory Council is authorized to issue advisory
opinions. The ensuing staff advisory opinion is based solely upon
the information presented in your phone conversation of January 19,
2001.
Dear Mr. Herrick:
You have asked a question concerning the applicability of the
Virginia Freedom of Information Act (FOIA) to the Neighborhood
Connections Office in your locality. You indicate that the
Neighborhood Connections Office (the "Office") is a local
government agency, created to facilitate communication among the
various neighborhoods in the county. To further this goal, the
Office collects a list of contact persons from neighborhood
associations, homeowner associations, and other such neighborhood
groups, which includes information such as phone numbers and
addresses. You ask whether this list of contact persons would be
subject to a FOIA request.
Section 2.1-341 of the Code of Virginia defines a public body to
include any authority, board, bureau, commission, district or
agency of the Commonwealth or of any political subdivision of the
Commonwealth, including cities, towns, and counties. Clearly,
the Office fits within this definition, because it is an agency of
the county. Subsection A of 2.1-342 requires that all records of a
public body be open to inspection and copying unless specifically
provided by law. Subsection A of 2.1-342.01 sets forth numerous
exemptions to the law; however, none of the exemptions would allow
a public body to withhold the type of records that you have
described. As such, the list of contact persons maintained by the
office would be accessible to any requester under FOIA.
Thank you for contacting this office. I hope that I have been of
assistance.
Sincerely,
Maria J.K. Everett
Executive Director
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