Advisory Council

FOI Advisory Council Opinion AO-06-18

It is possible that electronic mail message headers could include legal advice and information protected by the attorney-client privilege exempt from mandatory disclosure pursuant to subsection 2 of § 2.2-3705.2. That exemption includes advice from legal counsel to officers of a public body as well as employees of the public body, and does not place a limit on how many officers or employees of the public body may receive the advice at one time. It is also possible that electronic mail message headers could include information describing the design, function, operation, or access control features of a security system that would be exempt from mandatory disclosure pursuant to subsection 2 of § 2.2-3405.1. 
 

FOI Advisory Council Opinion AO-05-18

A custodian may require a requester of public records to provide his legal name and address and may attempt to verify that a requester is a citizen of the Commonwealth, a representative of newspapers and magazines with circulation in the Commonwealth, or a representative of radio and television stations broadcasting in or into the Commonwealth. Requiring a specific form of identification without an alternative for those who do not have such identification, however, restricts access to information promised by the policy of FOIA. Public bodies must make a proper motion to enter into each closed meeting, even if there are multiple closed meetings within the same open meeting.

FOI Advisory Council Opinion AO-04-18

Discusses general open meetings requirements of public bodies and their committees as well as obligations of public bodies in response to a request for public records. A public body is not required to record open meetings itself but must afford the public the opportunity to record the meetings. A committee of a public body is not required to record minutes of an open meeting if the committee membership is comprised of less than a majority of the public body membership. While a public body must post a link on its website to any routine exemption policy for records, there is no requirement as to how that policy is formed or that the policy be contained in a physical policy document. A public body must state in writing the reasons why public records are not provided in response to a request for public records.

FOI Advisory Council Opinion AO-08-18

Discusses the use of the contract negotiations and economic development records exemptions. FOIA allows a records custodian to disclose exempt records in his discretion. Also discuss the working papers exemption as it applies to Cabinet Secretaries.

FOI Advisory Council Opinion AO-03-18

The definition of "public body" includes, among other entities, "any committee, subcommittee, or other entity however designated, of the public body created to perform delegated functions of the public body or to advise the public body." A budget task force appointed by a school superintendent that advises the superintendent is not a "public body" under this definition.

FOI Advisory Council Opinion AO-02-18

A motion to convene a closed meeting must identify the subject of the meeting, the purpose of the meeting, and the exemption(s) which allow the meeting to be closed. A motion that fails to identify the subject, or lacks any other element, is insufficient. There is no general exemption for public bodies to discuss police investigations in closed meetings. Votes are required to be taken at open meetings; decisions made in closed meetings are not effective until a vote is taken at an open meeting.

FOI Advisory Council Opinion AO-01-18

FOIA provides that public records must be disclosed except as otherwise specifically provided by law. Tax code provisions such as § 58.1-3 are "as otherwise specifically provided by law." The statutory authority of this office is limited to FOIA matters.

FOI Advisory Council opinion AO-07-17

Following the policy and procedures of FOIA, all public records, including procurement records, must be disclosed upon request unless an exemption or other specific provision of law allows the records to be withheld.

FOI Advisory Council Opinion AO-06-17

The FOIA Council's first opinion under its new executive director, Alan Gernhardt, tackles the three-day notice rule for public meetings.

FOI Advisory Council Opinion AO-05-17

An organization, corporation, or agency in the Commonwealth that receives two-thirds (66.6%) or greater support from public funds is considered to be "supported ... principally by public funds" and therefore is a "public body" subject to FOIA. Prior opinions advised measuring an entity's level of funding at the time a request is made, but did not specify a time period to use as a measure. FOIA itself is silent on this point. We recommend using a fiscal year as the basis for determination to provide a balance between predictability in knowing whether an entity is subject to FOIA, and flexibility in recognizing changing factual circumstances.http://www.opengovva.org/foi-opinions/ao-09-05

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