The Virginia FOIA Opinion Archive

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Attorney General's Opinion 1980-81 #389

Legal matters exemption does not pertain to issues that have a general legal character, like zoning.

Attorney General's Opinion 1980-81 #390

School board may hold closed meeting to discuss prospective school board appointees, but must wait until an open meeting to appoint or elect them.

Attorney General's Opinion 1979-80 #056

board of supervisors may not close its public meetings to direct broadcast by radio, or to recording for later broadcast, although the board of supervisors may impose reasonable rules and restrictions upon the broadast and recording activities such as are imposed equally on the public.

Attorney General's Opinion 1979-80 #385

Because nothing in FOIA demands confidentiality of any record or meeting, school board members-elect may attend executive sessions and review personnel records prior to taking office.

Attorney General's Opinion 1979-80 #379

Public body may not discuss any subject in executive session other than those authorized in FOIA's exemptions.

Attorney General's Opinion 1979-80 #380

Executive session called without a prior resolution adopted in public meeting violates FOIA. No election of planning commission officers in executive session. Actions taken by illegally elected public body officers are valid up until the point when they learn of the election defect.

Attorney General's Opinion 1979-80 #382

The general statement of policy found at the beginning of FOIA is a reflection of the legislative intent of the Act.

Attorney General's Opinion 1979-80 #381

Public body cannot adopt a resolution in executive session, and a public vote on the resolution does not cure the error.

Attorney General's Opinion 1979-80 #298

School board's attendance at a labor organization's presentation may be subject to FOIA if the purpose of the board's attendance is to discuss/transact public business.

Attorney General's Opinion 1979-80 #302

Confirms procedures for going into closed meeting. Board member appointed in an illegal meeting is a de facto officer, and the board's actions are valid, until notice of the illegal appointment is made.

Attorney General's Opinion 1979-80 #378

School board may not use personnel exemption to discuss general personnel priorities in exeuctive session. Materials held exclusively by school superintendent are exempt working papers even if the superintendent has given a presentation to school board personnel using those materials.

Attorney General's Opinion 1978-79 #314

Board cannot meet in executive session to discuss expansion of private college.

Attorney General's Opinion 1978-79 #313

Minutes or transcripts of a properly held executive meeting are exempt from mandatory disclsoure.

Attorney General's Opinion 1978-79 #315A

Town council may meet to discuss location of a bridge, where the bridge would not be located upon town property and where the town would not be involved in the acquisition of easements for the bridge right-of-way.

Attorney General's Opinion 1977-78 #054

School board hearing on budget must be open, though FOIA doesn't mandate a formal public hearing on the budget.

Attorney General's Opinion 1977-78 #482

Honor committee, funded and maintained by a state university board of visitors is public body subject to FOIA. Honor council trials are not open meetings becayse they involve student discipline.

Attorney General's Opinion 1977-78 #485

Prearranged out-of-town meeting of two public bodies required that notice be sent to those requesting it and that minutes be taken.

Attorney General's Opinion 1977-78 #484

City council and taxpayers' association may meet together as long as FOIA's notice and minutes procedures are followed.

Attorney General's Opinion 1977-78 #492

Secret ballot voting in open meeting prohibited. Actions taken by secret-ballot vote are ineffective until affirmed by open vote in open meeting.

Attorney General's Opinion 1976-77 #308A

Chance encounter of two or members of a local governing body is not a meeting subject to FOIA, even if the members discuss public business when they see each other, so long as the encounter was not prearranged with the purpose of discussing public business.

Attorney General's Opinion 1976-77 #308

Three-member committee of nine-member council is subject to FOIA. Public and press may be excluded from a properly called executive session, but there is nothing to prohibit the attendance at the meeting of people who would be helpful or necessary to the meeting.

Attorney General's Opinion 1976-77 #316

No executive session under legal matters exemption to discuss advertising contract bid and negotiations. No executive session under real estate exemption to discuss debt owed on property already acquired.

WTAR v. City Council of the City of Virginia Beach

An injunction is not justified where there is not a reasonable probability that violations of FOIA will occur again.

Attorney General's Opinion 1975-76 #406

University of Virginia advisory committee made up of faculty and administrative personnel not subject to FOIA.

Attorney General's Opinion 1975-76 #412

Three-member board of supervisors subject to FOIA. Three-member committee may hold closed meeting to discuss acquisition of building to house county offices.

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