The Virginia FOIA Opinion Archive

Sheriff's jail books open for public inspection.

Body cannot discuss general budget and general public employee salary levels in closed session.

Because it was specifically created by the State Council on Higher Education and is, therefore, supported wholly or in part by public funds, the General Professional Advisory Committee is subject to FOIA. However, the Council of College and/or University Presidents is a voluntarily created alliance not supported by public funds, and so is not subject to FOIA.

Meetings between city manager and city council are public unless an exemption applies. Conflicting city charter provisions trump FOIA.

Meetings between school board employees and an education association need not be open.

Discussion in closed session about town manager's employment in violation of FOIA because the meeting was not preceded by an affirmative vote in open session.

Industrial authority may hold closed meeting to discuss prospective business relocations provided there has been no prior public announcement about the business' intention to locate in the area. Duty is to create access to records/meetings, not to proactively release information.

Board employees may meet with employee representatives in closed session, though meeting with the representatives and the actual board must be open.

Industrial development authorities are subject to FOIA. Act doesn't require public notice of meetings, just notice to those who have requested it.

Informal gathering of body's members to discuss and vote on the election of mayor and vice-mayor violates FOIA.

Secret-ballot vote at open meeting not permissible. Election of officers by improper secret at an open meeting not valid until vote can be retaken in open session.

Composite evaluation of school superintendent, made up of several individual evaluations, is exempt as a personnel record.

Teachers, and all publicly employed persons, have a right to view their own personnel file.

Charlottesville Newspapers Inc. v. Berry, 206 S.E.2d 267, 215 Va. 116 (6/19/1974)

Virginia Supreme Court

CHARLOTTESVILLE NEWSPAPERS, INC., DOUGLAS PARDUE, AND BENJAMIN F. CRITZER

v.

DAVID F. BERRY, JUDGE OF THE CIRCUIT COURT OF ALBEMARLE COUNTY

Upon a Petition for a Writ of Prohibition and Mandamus.

John C. Lowe (Edward L. Hogshire; Lowe & Gordon, on brief), for petitioners.

James E. Kulp, Assistant Attorney General (Andrew P. Miller, Attorney General, on brief), for respondent.

A body may prohibit the use of recording devices in its meetings only to the extent that it furthers the orderly administration of the meeting.

Brown was convicted of a murder in an auto parts junkyard. A newspaper article published on the day after the killing quoted a "spokesman" for the sheriff's department who gave a different version of the facts than the prosecution later presented in court. Brown wanted to make the reporter give up the identity of that confidential source, but the trial court refused to do so. Here, the Court affirmed that decision, ruling that a journalist’s promise of confidentiality should yield only when a defendant’s need is essential to a fair trial. In this case, the Court ruled, the confidential statements would not have affected Brown’s conviction or the severity of his sentence.

Board cannot meet in executive session to discuss general budgetary matters. Individual matters that fall within an exemption may be discussed, provided the procedures from entering into a closed meeting are followed.

City job applicant is entitled to see his application and accompanying background report.

Boards of zoning appeals are subject to FOIA. any action taken in a closed session is null and void unless voted on in a public meeting.

Council can hold annual meeting at Elk's National Home provided FOIA notice provisions are followed.

College boards of visitors subject to some but not all of FOIA's provisions.

State police not required to provide copies or allow for inspection of accident reports filed with the DMV, though there's nothing to prevent an officer from vonveying the information verbally or from a person getting the report through the DMV.

County board not required to admit county treasurer into properly called executive session.

Personal property roll books are not subject to the Tax Code's confidentiality provisions. Nor is a list of business licensees.

Welfare, adoption and illegitimate birth records are not open under FOIA. Other code sections prohibit their release.