The Virginia FOIA Opinion Archive

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FOI Advisory Council Opinion AO-03-07

An electronic mail message header showing the time and date when the message was received by a public body may not be withheld as documentation or other information that describes the design, function, operation or access control features of any security system under subdivision 3 of § 2.2-3705.2.

FOI Advisory Council Opinion AO-04-07

The authority of the FOIA Council is limited by statute to providing advisory opinions and guidance regarding FOIA. An opinion advising on the interaction of boat titling and registration laws with provisions of the Government Data Collections and Dissemination Practices Act would be beyond the authority of this office.

FOI Advisory Council Opinion AO-01-07

The closed meeting exemption for consultation with counsel regarding specific legal matters may not be used for the purpose of discussing a general policy in the absence of any specific legal transaction or dispute.

FOI Advisory Council Opinion AO-09-06

An entity (in this case, a redistricting committee assisting a school board) that states that its meetings are open to the public should provide public notice of those meetings, whether or not the entity is subject to FOIA.

FOI Advisory Council Opinion AO-10-06

A nonprofit foundation created by private citizens that voluntarily works with localities for the public good, but does not receive public funding, is not a public body subject to FOIA.

Rivera v. Long (Norfolk Circuit Court) (on costs and attorneys' fees)

Judge rules on cost prevailing plaintiff should pay for copies of general registrar's records, as well as on attorneys' fees for the plaintiff's attorney.

White Dog Publishing v. Culpeper Board of Supervisors

In considering certain newspaper publishers' application for a writ of mandamus, the circuit court erred in finding that a county board of supervisors did not violate the Virginia Freedom of Information Act (FOIA) by going into a closed session at a particular meeting and erred in failing to award reasonable costs and attorney's fees under the Act. Because the purpose of the closed session was not the formation or modifications of a procurement contract, it did not fall within the statutory public contract exemption of § 2.2-3711(A)(30), and special circumstances did not make an award of fees and costs unjust.

FOI Advisory Council Opinion AO-08-06

Animal licensing records are open to the public under FOIA and §3.1-796.86. Public bodies should not collect from citizens information that will become part of a public record unless such collection is required or necessary to the mission of the public body.

Lee v. Minner (3d U.S. Circuit Court of Appeals)

States cannot limit use of their public records laws to citzens/residents of that state (this case is from a federal appeals court that covers Delaware, New Jersey, Pennsylvania and The Virgin Islands).

Rivera v. Long (Norfolk Circuit Court)

General Registrar must disclose rejection letters written to applicants to vote. Actual applications may be withheld under state election law.

Bland v. Virginia State University (Supreme Court, 6/8/06)

In FOIA cases, complete set of records must be included on appeal to afford Supreme Court full review on the merits. Trial court erred in refusing plaintiff's motion to include full set of records.

FOI Advisory Council Opinion AO-05-06

A request for statutes and regulations granting legal authority to a public body is not a request for public records as contemplated by FOIA. FOIA expressly provides the procedure to follow if a public body needs additional time to respond to a request. A response that does not meet the procedural requirements of FOIA is not a proper response.

FOI Advisory Council Opinion AO-06-06

Opining whether a FOIA provision violates substantive due process under the federal Constitution is beyond the authority of the FOIA Council.

911 tapes are public record, judge rules

-- The public has a right to hear the 911 call made by a mother accused of killing her son, a judge ruled April 13.

FOI Advisory Council Opinion AO-04-06

There is no special exemption in FOIA for a joint committee of conference of the General Assembly to hold a closed meeting on a budget bill.

FOI Advisory Council Opinion AO-03-06

It is beyond the scope of the FOI Advisory Council's authority to interpret the rules of either house of the General Assembly. There is no joint conference of the General Assembly after adjournment sine die.

FOI Advisory Council Opinon AO-02-06

Gathering of quorum from both a town council and a planning commission, on a topic that had once been before the council and was likely to be before it again, should have been advertised to the public as a joint meeting of both entities.

FOI Advisory Council Opinion AO-01-06

FOIA requires that meeting minutes contain a summary of the discussion on matters proposed, deliberated or decided, and a record of any votes taken. Public bodies should always include in meeting minutes a summary of any matter that appears on the agenda for that meeting and of any matters that are the subject of a motion or vote.

FOI Advisory Council Opinion AO-05-05

At present, there is no requirement for public body to tell records requester that the records asked for do not exist. If original records are legible, the copies should be, too. Publilc body cannot require requester to inspect records rather than copy them. Public body not required to recreate lost records or records no longer in its possession.

FOI Advisory Council Opinion AO-06-05

If a public body elects to abstract or summarize records, it can only charge for such a newly created record after a prior agreement with the requester.

Attorneys General Since 1968

Virginia's Attorneys General who have (and whose staff has) interpreted the Freedom of Information Act since the statute's passage in 1968:

FOI Advisory Council Opinion AO-11-05

Question on whether meeting of liaison committee of school board and board of supervisors was subject to FOIA depends on status of members as a subcommittee or quorum of their respective public bodies.

Media General Operations Inc. v. Buchanan (4th Cir. on access to courts)

Several media companies joined forces to request a judicial order that would unseal affidavits supporting search warrants related to U.S. antiterrorist efforts. They also wanted the district court to maintain a public docket of search warrant proceedings. The 4th Circuit affirmed a lower court’s ruling that denied those requests. Although the press has a qualified common-law right to see judicial documents, that right is not as strong as a First Amendment right, and can be overridden at a judge’s discretion. The magistrate judge had ruled within her discretion that unsealing the affidavits would hamper an ongoing investigation, and that the government’s reasons for secrecy were compelling. Furthermore, the press and public have no right to advance notice of a request to seal such records. Instead, journalists and other citizens may object after the fact, when they see the public record of a sealing order.

FOI Advisory Council Opinion AO-09-05

Financial status of Virginia Performing Arts Foundation is difficult to ascertain by a non-fact-finding entity, such as the Freedom of Information Advisory Council. VPAF does not appear to be a public body at the time of the FOIA request being made here. Many of the records in the possession of a party not subject to FOIA will often be in the possession of the public entity the party is receiving funding from. That two members of a public body also serve as members of the board of a private entity does not by itself transform that private entity in a public body subject to FOIA.

FOI Advisory Council Opinion AO-08-05

Accident reports containing information on juveniles are not to be treated any differently than reports containing information on adults

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