Advisory Council

FOI Advisory Council Opinion AO-04-12

A telephone billing record paid by a public official in his personal capacity that was not prepared for or used in the transaction of public business is not a public record subject to FOIA. Such a telephone billing record is not paid with public funds, only indicates that a call was made (it does not reveal the contents of the call or who made it), and is prepared by the service provider in order to receive payment as part of a commercial transaction.

FOI Advisory Council Opinion AO-07-11

Summarizes the requirements for making and responding to a FOIA request. Clear communications between the parties are essential. Public bodies are reminded to provide one of the five responses required by statute.

FOI Advisory Council Opinion AO-03-12

A public official may only charge his or her rate of pay as a public official, not as a private employee, when responding to requests for public records.

FOI Advisory Council Opinion AO-06-11

Adult arrestee booking photographs (mug shots) are public records subject to FOIA.

FOI Advisory Council Opinion AO-05-11

A rescue squad which is a town department is subject to FOIA for records purposes, but is not subject to the open meetings requirements of FOIA.

FOI Advisory Council Opinion AO-04-11

The attorney-client privilege exemption must be narrowly construed. If a record contains both exempt and non-exempt material, only the exempt material may be withheld. Whether a record is exempt depends on the contents of the record and the existence of a specific legal provision that allows the record to be withheld.

FOI Advisory Council Opinion AO-03-11

Section 40.1-11 of the Code of Virginia exempts certain records of the Department of Labor and Industry from mandatory disclosure under FOIA.

FOI Advisory Council Opinion AO-02-11

Pursuant to the exemption for records of persons imprisoned in penal institutions in the Commonwealth related to the imprisonment, the Department of Corrections may withhold a list of female inmates showing the inmates' names, state identification numbers, and facility locations.

FOI Advisory Council Opinion AO-01-11

A settlement agreement that settles ongoing litigation and is sealed by court order is exempt from mandatory disclosure under FOIA.

FOI Advisory Council Opinion AO-04-10

For the purpose of the definition of public records, the meaning of in the transaction of public business must be examined on a case by case basis. FOIA does not mandate how to perform a search for records, but any search that is conducted must be carried out in good faith.

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