December 31, 1975

THE HONORABLE RALPH L. "BILL" AXSELLE, JR.
Member, House of Delegates

75-76 412A

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).