Attorney General's Opinion 1974-75 #580
July 17, 1974
THE HONORABLE GLENN B. MCCLANAN
Member, House of Delegates
This will acknowledge receipt of your recent letter in which you
inquire as to whether the Freedom of Information Act would require
public disclosure of a report evaluating the performance of a city
school superintendent. The information forwarded with your inquiry
indicates that the report in question was a composite report of
individual evaluations made by members of the Virginia Beach City
Section 2.1-342(a), Code of Virginia (1950), as amended, requires
public disclosure of all official records, reports, or other
documents made or received by public bodies in performance of their
lawful functions. Section 2.1-342(b)(3), however, provides that
certain records shall be exempt from the general rule of disclosure
"(b) The following records are excluded from the
provisions of this chapter: * * *
"(3) State income tax returns, medical and mental
records, scholastic records and personnel records, except that
such access shall not be denied to the person who is the
subject thereof." (Emphasis supplied.)
A report which evaluates the performance of a city school
superintendent, who is unquestionably the employee of the city school
board, is clearly a personnel record of the school board requiring
the confidentiality provided by 2.1-342(b)(3) recited above.
I am, therefore, of the opinion that a report evaluating the
performance of a city school superintendent, prepared by city school
board members, is exempt from the general records disclosure
requirements of the Freedom of Information Act.
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