Advisory Council

FOI Advisory Council Opinion AO-04-17

The Greater Williamsburg Chamber and Tourism Alliance is (for now) a public body subject to FOIA's records and meetings provisions because it receives 68% of its funding from local government budget appropriations. Should the local government funding drop below 66% of the total budget, the alliance would cease to be a public body subject to FOIA.

FOI Advisory Council Opinion AO-03-17

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.

FOI Advisory Council Opinion AO-02-17

FOIA prohibits voting at public meetings by secret or written ballot as well as voting by telephone or other electronic communication means. However, FOIA does not address the use of electronic voting systems that use computer software to cast, record, and publicly display the votes at a public meeting. Whether such a system comports with FOIA depends on whether it publicly displays the individual vote of each member of the public body, or merely the final vote tally.

FOI Advisory Council Opinion AO-01-17

Opinion summarizes the requirements for responding to a request. A failure to respond to a request for public records is deemed a denial and a violation of FOIA. The statutory remedy for a violation is to file a petition for mandamus or injunction in general district or circuit court. The Newport News Economic/Industrial Development Authority is a public body subject to FOIA.

FOI Advisory Council Opinion AO-02-16

A motion to convene a closed meeting that contains a general reference to the subject matter to be discussed does not satisfy the requirement to identify the subject. If a member feels that a closed meeting discussion strays beyond the matters identified in the motion to convene, that member shall make a statement to that effect to be included in the minutes before the public body votes to certify the closed meeting. In such a situation, it is expected that the member who feels that the discussion strayed will vote against the motion to certify when the vote is called. Further, if the motion to convene a closed meeting purports to discuss a subject (or subjects) but the actual discussion is of some other topic not addressed in the motion, that would be a violation of FOIA.

FOI Advisory Council Opinion AO-01-16

Records that have been prepared by or for the Office of the Governor for personal or deliberative use may be withheld as working papers. However, if those records are disseminated by the Office of the Governor to another agency for that agency's use in carrying out its statutory duties, then the records may not be withheld as working papers because they are no longer for personal or deliberative use of the Office of the Governor. Pursuant to subsection B of § 24.2-404, FOIA does not apply to records about individuals maintained in the voter registration system.

FOI Advisory Council Opinion AO-08-15

Body worn and dashboard video recordings made by law enforcement are public records subject to FOIA. The application of exemptions from mandatory disclosure depends on the contents of the video. Duty to redact is in question following Virginia Supreme Court ruling in 2015.

FOI Advisory Council Opinion AO-07-15

Generally, FOIA does not prohibit the release of public records or the exercise of free speech. FOIA does not grant special rights to elected officials that differ from those of other Virginia citizens. Real estate appraisals may be withheld until the completion of a proposed purchase, sale, or lease.

FOI Advisory Council Opinion AO-06-15

A local governing body may not convene a closed meeting in order to discuss the salaries of the members pursuant to the personnel closed meeting exemption.

FOi Advisory Council Opinion AO-05-15

Meeting minutes must include a summary of the discussion on matters proposed, deliberated or decided, and a record of any votes taken. A verbatim transcript is not required. A public body has the discretion to include specific comments made at the meeting or not so long as the minutes include the required summary and record of votes.

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