Advisory Council

FOI Advisory Council Opinion AO-04-08

A public body may convene a closed meeting to discuss the formation and award of a procurement contract.

FOI Advisory Council Opinion AO-03-08

FOI Advisory Council discusses exemptions on vendor proprietary records, security system manuals, and school safety audits. Also discussed: duty of government to seek clarification if records request is confusing; failure to identify the volume of records requested that are subject to an exemption; and improperly denying records based on the sheer volume of the request.

FOI Advisory Council Opinion AO-02-08

Weekends and legal holidays are not counted as working days when computing the five working day time limit for a response to a request for public records. A public body must inform a requester in writing when it does not have the records the requester seeks. Clear communications are essential to the operation of FOIA.

FOI Advisory Council Opinion AO-01-08

Records concerning a public body's employment policies are open to disclosure. If a public body is unsure of the scope of a request, it should contact the requester to clarify the matter. A failure to respond to a records request is deemed a denial of the request and a violation of FOIA.

FOI Advisory Council Opinion AO-13-07

FOIA allows public bodies to hold closed meetings to discuss the acquisition of real property if holding the discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Absent such jeopardy to the public body's bargaining position or negotiating strategy, these discussions must be open.

FOI Advisory Council Opinion AO-12-07

If a public body denies a request for public records in whole or part, it must send the requester a written response citing the law that allows the records to be withheld. The release of certain Department of Social Services records pertaining to child support enforcement matters is prohibited by law under Title 63.2 of the Code of Virginia.

FOI Advisory Council Opinion AO-11-07

Exemption for e-mail subscriptions has been misinterpreted as exempting all personal information. The exemption is much narrower and applies only when given to the government to receive e-mail from that entity, and when the subscriber asks that the information be kept confidential. Also, sheriff's citizen advisory committee is not a public body.

FOI Advisory Council Opinion AO-10-07

Determining whether an entity is a public body as a committee, subcommittee, or other entity however designated of a public body depends on how the entity was formed and what functions it performs.

FOI Advisory Council Opinion AO-09-07

FOIA allows a public body to charge for existing records. FOIA does not address what a public body may charge for additional access features beyond inspection and copying of existing records.

FOI Advisory Council Opinion AO-08-07

FOIA requires public notice to be given when a public body holds a public meeting. Failure to give the required notice is a violation of FOIA.

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