Advisory Council

FOI Advisory Council Opinion AO-05-09

Boards of equalization are public bodies and are required to keep minutes of their meetings. Even before law takes effect July 1, 2009, minutes should be in writing. Audio recordings cannot be a substitute. Votes must be recorded, though those who vote need not be identified.

FOI Advisory Council Opinion AO-04-09

Section 15.2-2907 says that certain meetings that are or would be subject to review by the Commission on Local Government -- like consolidation and annexation discussions -- are not subject to FOIA.

FOI Advisory Council Opinion AO-03-09

A task force jointly created by multiple public bodies to advise them is itself a public body subject to FOIA. Likewise, a regional public body provided for by statute and established by the resolutions of several local public bodies is also subject to FOIA. Both must comply with the procedural rules for conducting public meetings.

FOI Advisory Council Opinion AO-02-09

Scholastic records, by definition, are those records which contain information directly related to a student and maintained by a public body that is an educational agency or institution or by a person acting for such agency or institution. A denial of a records request must cite the specific Code section that authorizes the withholding of the records.

FOI Advisory Council Opinion AO-01-09

The Office of the Executive Secretary of the Supreme Court of Virginia is an agency of the Commonwealth supported wholly or principally by public funds; opinion also address response time, and failure to respond properly.

FOI Advisory Council Opinion AO-13-08

A record that is not prepared by, owned by, or in the possession of a public body is not a public record subject to FOIA.

FOI Advisory Council Opinion AO-12-08

As a general rule, an individual member of a board, designated as a liaison to staff, is not a public body for meetings purposes. Records prepared, owned, or possessed by that member in the transaction of public business are public records subject to FOIA.

FOI Advisory Council Opinion AO-11-08

A record that is not prepared, owned, or possessed in the transaction of public business is not a public record subject to FOIA. When conducting private business, public officials and employees (in this case, a university law professor) should avoid indicia, such as agency letterhead, that make private records appear to carry the imprimatur of a public body.

FOI Advisory Council Opinion AO-10-08

The records of a community center created and funded by local government, operated by a nonprofit organization acting pursuant to a contract with the local government, are public records subject to FOIA.

FOI Advisory Council Opinion AO-09-08

FOIA provides that public bodies bear the burden of proof to establish an exemption by a preponderance of the evidence. However, FOIA is silent regarding whether a requester may challenge as an abuse of discretion a decision not to disclose records that are excluded from mandatory disclosure pursuant to a valid exemption, once the exemption has been established.

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