The Virginia FOIA Opinion Archive

The exemption that allows withholding of personal information...concerning persons participating in or persons on the waiting list for federally funded rent-assistance programs applies only to the tenants' records, not the records of the contracts landlords enter into with local housing authorities.

A citizen-organized gathering with three members of a school board for the purpose of discussing business currently pending before the board must comply with FOIA's notice provisions.

Personal records of a university theater department audition committee member are not disclosable under FOIA or FERPA, but any standardized evaluation forms must be released to the subject student. Records pertaining to audition guidelines or procedures would be available to anyone.

A meeting between chair and vice chair of both board of supervisors and school board is not subject to FOIA if those members were not specifcally designated as a committee of their respective boards.

IN THE CIRCUIT COURT OF THE CITY OF RICHMOND

Allan D. Zaleski,
Plaintiff

v.

Judicial Inquiry and Review Commission,
Defendant

CH03-1603-3

OPINION AND ORDER

The parties appeared for argument on the demurrer to the bill of complaint.

Proceeding under the Virginia Freedom of Information Act, plaintiff seeks disclosure of an advisory opinion given by Counsel to the Judicial Inquiry Review Commission to a judge who verbally made the request and to whom a verbal opinion was given.

Records of all investigations of the Department of Health Professions, and not just records of active investigations, are confidential, even to the subject of the records..

An outside attorney's bill to a locality must be disclosed under FOIA, though portions that reveal the substantive details of the attorney's representation may be redacted. FOIA does not require a verbal response to a request for information.

When choosing to withhold records from disclosure, the specific statutory authority must be cited; reference to a legislative bill is not appropriate. The school safety audit exemption does not apply to the entire audit, only the portions revealing specific security vulnerabilities.

City council meeting to discuss performance of city manager improperly strayed into discussion of city's soaring crime rate. No authority for closing a proceeding to present closing arguments in a case challenging the propriety of a closed meeting.

Circuit Court of the City of Richmond

May 5, 2004

Melvin R. Hughes, Jr.
Judge

Thomas W. Williamson, Jr., Esq.
Williamson & LaVecchia, L.C.
6800 Paragon Place
Suite 233
Richmond, VA 23230-1652

Vicki W. Harris, Esq.
Assistant City Attorney
900 East Broad Street
Suite 300
Richmond, VA 23219

Re: Case No. LR-2514-1

Media General Operations, Inc. t/a the Richmond Times Dispatch

v.

City Council of the City of Richmond

Dear Counsel:

A master plan document required to be submitted to a housing authority, that comes into the director's possession during the ordinary course of business, is not a working paper.

The records exemption at subdivision A 78 of § 2.2-3705 only exempts personal information provided to a public body for purposes of receiving e-mail from a public body; it does not apply to personal information provided to an individual elected official who chooses to send out e-mails or updates to constituents.

Absent a court order, a public body cannot prohibit a citizen of the Commonwealth from making a FOIA request, or require her to make requests through her attorney.

The Department cannot require you to pay charge that included charges for copies that you clearly did not request, and includes a charge for the benefits of the person that responded to your request, which is not an allowable charge. While FOIA does require the Department to provide you with records of the salary of Department employees, it does not require that benefits information also be made available. The Department could, at its discretion, withhold such information as a personnel record pursuant to subdivision A 4 of § 2.2-3705. In providing you the salary information, FOIA does not require the Department to create lists or spreadsheets including this information; providing you with individual records showing each employee's salary would satisfy the requirements of FOIA. While providing you with a spreadsheet of the salary information may be the most user-friendly format, the Department may not charge you for the creation of such a record without first reaching an agreement with you concerning the costs associated with its creation. The Department may still create the spreadsheets, absent an agreement, if it feels more comfortable providing the information in that format, but it cannot recoup these costs if you did not agree to it. Finally, the Department may not deny you the right to inspect the records on the grounds that you have not paid $207.50 because it did not estimate the charges in advance and request a deposit. Therefore, the records must be made available to you for inspection in accordance with your original request.

FOIA does not apply to members-elect. Exchange of multiple e-mails over a several-hour period not an illegal electronic meeting. Neighborhood meeting no FOIA violation.

When a locality delegates its animal control authority to a third party (in this case, the SPCA, a charitable organization), the records of that party related to its animal control functions are open to the public. When a locality delegates its animal control authority to a third party (in this case, the SPCA, a charitable organization), the meetings of that party related to its animal control functions are open to the public.

Public body must follow FOIA's notice provision, even if planning to go into a closed meeting immediately; closed meeting can only take place within the context of an open meeting. Draft proposal between a city and a county over acquisition of water may be withheld under the exemption for contract negotations, if disclosure would jeopardize bargaining position; discussions of the proposal may also be held in closed session. Advisory Council uses subcommittee to identify a problem in FOIA and propose legislation to address it.

The Metropolitan Washington Airport Authority, an interstate compact between Virginia, D.C. and Maryland, is subject to FOIA because the compact's terms says that Virginia law applies in cases raised under the compact. Public body may recoup costs of providing records. Records detailing legal advice given to public body may be withheld.

In interpreting subsections (F)(1) and (G) of 2.2-3706, the General Assembly intended for records relating to criminal investigations and prosecutions to be exempt from public disclosure, whether such records are held by state or local law-enforcement officials.

Like lists of books and quetsions asked of reference librarian, a record that showed the Web sites cisited on the Internet by a library may be exempt from disclosure.

Documents relating to a public relations firm hired by Newport News to assist it and its lawyers during litigation over the King William Reservoir are not protected by the attorney-client privilege or the work-product privilege. The PR agency is not an agent of the firm in the first instance, and its purpose is not part of the litigation itself in the second instance.

Not all Department of Corrections records containing information about procedures and protocols are automatically exempt under the security exemption, (A)(69). Without viewing the records, the council notes that the procedures and protocols related to the execution of prisoners by lethal injection and electrocution may be wholly exempt.

A meeting notice that omits the exact time of the meeting (or, in certain instances, whether there will be a public comment period) is deficient. A public body does not have an obligation to honor a standing request for agenda items that will be created in the future.

If database is maintained in digital form, the records custodian cannot limit dissemination of the database to paper format only. Circuit courts cannot charge 50 cents per page for records subject to FOIA when those records are provided electronically; clerk could charge for search time and cost of computer disks.

FOIA does not prohibit public bodies from regulating public comment period during open meetings. A public comment period rule prohibiting speakers from asking questions of the public body and its staff does not violate FOIA's allowance for records requests to be made verbally. FOIAC cannot render opinions regarding possible federal constitutional violations.