The Virginia FOIA Opinion Archive

State university student government is subject to FOIA.

All public bodies must take minutes at their open meetings. A tape recording of a public bodyÄ…s meeting is an acceptable form of meeting minutes. However, because FOIA allows inspection or copying of minutes, a public body may want to do something else.

Even informal gatherings, such as over a meal, are meetings if part of the purpose is to discuss public business, or the gathering was prearranged with any purpose of discussing business. Notice provisions apply to executive session, as well as open meetings, therefore, notice of time and location of executive session must be given. Reconvening in different location.

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.

FOIA does not define financial statements so common definition prevails. Certain IRS forms not within common definition, so it can be disclosed.

Any official public body action must take place in a meeting where the membership is physically present.

Commonwealth attorney has no duty to represent private citizen in pursuing an FOIA request.

jail register or list of those incarcerated is subject to disclosure, except for names of juvenile offenders

Personnel reports that do not identify employees must be disclosed. Teacher evaluations on school ratings are open if executive meetings exclusions are not present.

FOIA and Privacy Protection Act may work in concert; theyÄ…re not mutually exclusive.

A board of equalization is subject to FOIA

Bank balances are official records.

Nothing in FOIA prohibits a public body member for taking minutes at or tape recording a properly closed meeting.

Financial data of retailers collected by an institution of higher learning for purposes of business research or publication are subject to disclosure.

Virginia Division of Tourism cannot withhold business data submitted by Virginia travel attractions. A private company that is supported wholly or principally by public funds is subject to FOIA.

Executive meetings should not be continued from one date to a subsequent date when the business before the body cannot be completed on the scheduled date.

There is no law requiring a separate accounting for expenditures of funds, though any documentation on it would be subject to FOIA.

Report by the Psychiatric Advisory Committee is open to disclosure to the subject of the report.

Principal's handwritten notes, used as a memory jogger, and anonymous letter are public records if used to transact public business. Subject of record can access it, regardless of possible exemptions.

The procedure was not in opposition of the Freedom of Information Act, and the size of the land purchase did not invalidate the proposition.

Pre-arranged telephone conference call among members of a local school board, during which matters proper for an executive or closed session are discussed which are, is not a meeting under FOIA and does not violate the statutory requirement of prior notice to the public.

An exhibit is not automatically converted into a personnel record simply because it is introduced in a grievance procedure. FOIA and the Privacy Protection Act notwithstanding, a teacher has the statutory right to a private grievance hearing.

General fund revenue estimates prepared by the governor's advisory boards are considered working papers of the governor; Governor's budget advisory boards must follow FOIA's meeting requirements.

The burden is on the plaintiff to show that an action was taken in executive or closed session without reconvening in open session.

When determining the actual cost of providing copies, a public body may take into consideration (1) number of hours reasonably necessary to compile, copy and assemble documents, (2) cost of computer time used and (3) costs of reproducing the records. If a document is created at the request of a citizen, even though the public body may receive a benefit from having permanent use of the document, it would not be unreasonable to pass on the expense of its production to the requestor if the requestor were notified in advance of the estimated cost of preparing the document.