Attorney General's Opinion 1975-76 #412A
December 31, 1975
THE HONORABLE RALPH L. "BILL" AXSELLE, JR.
Member, House of Delegates
This is in reply to your recent letter in which you ask whether
the Virginia Freedom of Information Act requires disclosure of notes
made by an official of the Division of Personnel as a part of his
review of a federal government report relative to operations and
policies of the Division of Personnel.
Section 2.1-342(a), Code of Virginia (1950), as amended, requires
that State agencies disclose all "official records" except those
specifically exempted under §2.1-342(b)(1)-(6) or other
provisions of law. "Official records," as defined in
§2.1-341(b), include "all written or printed . . . papers,
letters, documents . . . reports or other material, regardless of
physical form or characteristics, made and received in pursuance of
law by the public officers of the State . . . in the transaction of
public business." The notes of an official of the Division of
Personnel regarding a report dealing with the operations and policies
of the Division would, in my view, constitute an official record as
defined by the provisions of §2.1-341(b). I find none of the
specific exceptions set forth in §2.1-342(b)(1)-(6) applicable
to the records in question. Accordingly, I am of the opinion that the
notes hereinabove described are required to be disclosed pursuant to
the provisions of §2.1-342(a).
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