The Virginia FOIA Opinion Archive

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Attorney General's Opinion 1991 #081

FOIA doesn't block an otherwise valid subpoena duces tecum that asks for information that could be exempt under FOIA.

Attorney General's Opinion 1991 #009

Names, qualifications, evaluations, tests used to evaluate, and how indidivual candidates fared under selection criteria all exempt. General selection criteria not exempt. Certificates issued by Department of Mines, Minerals and Energy regarding persons certified to work in mines must be disclosed.

Taylor v. Worrell Enterprises

The governor's itemized telephone bills are official records exempt from disclosure as memoranda, working papers or correspondence.

Attorney General's Opinion 1991 #013

Files associated with an active investigation may be withheld, but do not have to be after the investigation is complete.

Attorney General's Opinion 1991 #007

Citizen does not have a right to make a continuing request for records that do not yet exist.

Attorney General's Opinion 1990 #009

Booking photos and mug shots are official records that must be disclosed.

Lemond v. McElroy

Documents generated in connection with the payment process of a settlement agreement, after the mutual agreement to settle, are open to public inspection.

Attorney General's Opinion 1989 #017

University library not required to disclose; titles of books checked out, references questions asked, bibliographies prepared by staff by request, nor must the titles of books ordered by faculty.

Attorney General's Opinion 1989 #013

Public body not required to compile a record, but must notify the requester within the required time.

Attorney General's Opinion 1989 #012

FOI provision for reasonable fees can't include charges for a public employee to be present during review of records

Attorney General's Opinion 1987-88 #033A

Inmates' medical records need not be disclosed absent authorization from the inmate himself or herself.

Attorney General's Opinion 1987-88 #035

Settlement agreements may be memoranda, working papers or records prepared specifically for use in litigation - need not be disclosed.

Attorney General's Opinion 1987-88 #030

A city/county attorney's itemized billing statement is an official record and must be disclosed to the extend it does not reveal confidential communication, or ongoing criminal investigation matters, or some other information that may be exempt. Reasonable charge for deletions may be made

Associated Tax Service Inc. v. Fitzpatrick

The purpose or motivation behind a request made under FOIA is irrelevant to a citizen's entitlement to requested information.

Saunders v. Pethtel

FOIA and the statute that allows inspection of competitive sealed bids are separate and distinct.

Attorney General's Opinion 1987-88 #033

Names and salaries of government employees making over $10,000/year are public and may be published by third parties.

Attorney General's Opinion 1987-88 #037

Jail registers are open records, but some information in a so-called 'dispatch log' is confidential, as is some information in a so-called 'jail log.'

Attorney General's Opinion 1986-87 #028

An offer-to-purchase letter is a record compiled specifically for litigation because it will be used in condemnation proceedings should the offer be refused.

Attorney General's Opinion 1986-87 #283

Record custodian can take precautions to preserve/safeguard records; also can set limits on the use of the office where records will be inspected. Clerk of courtÄ…s deed receipts book and real property appraisal cards are open to inspection under the Tax Code.

Attorney General's Opinion 1985-86 #333

HUD reports are exempt to the extent that they reveal information about identifiable employees

Attorney General's Opinion 1984-85 #170

A death certificate, as a vital record, is not subject to disclosure under FOIA; however there is nothing to prevent someone with independent knowledge of a cause of death from commenting on it.

Attorney General's Opinion 1984-85 #420

Meetings to discuss employment terms and contract of school board superintendent are properly closed, but the action of employing the superintendent must take place in open session. Employment contract of school superintendent is open.

Attorney General's Opinion 1984-85 #313

Nothing in FOIA or the Tax Code prevents disclosing a list of names of delinquent real estate taxpayers.

Attorney General's Opinion 1984-85 #424

Reports filed in confidence with state or local police are exempt.

Attorney General's Opinion 1984-85 #428

As long as a copy of a record is available, thereÄ…s no requirement that the custodian convert the copy to another medium preferred by the requester.

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