The Virginia FOIA Opinion Archive

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FOI Advisory Council Opinion AO-05-12

Subsection F of § 2.2-3707 requires that agenda packets be made available for public inspection at the same time they are furnished to members of the public body

FOI Advisory Opinion AO-01-13

Generally, records submitted by a private company to a state agency as required by regulation are public records subject to FOIA. Marking such records proprietary and confidential does not, by itself, make them exempt from mandatory disclosure; records are only exempt if there is a specific provision of law that allows them to be withheld.

FOI Advisory Council Opinion AO-07-12

A public instrumentality exercising public and essential governmental functions (in this case, Crooked Road) is a public body subject to FOIA.

FOI Advisory Council Opinion AO-06-12

Considering three different records exemptions, an adult arrestee photograph (mug shot) may not be withheld as a noncriminal incident record; may be withheld if its release would jeopardize a felony investigation; and may be withheld if the subject depicted is also a witness.

FOI Advisory Council Opinion AO-04-12

A telephone billing record paid by a public official in his personal capacity that was not prepared for or used in the transaction of public business is not a public record subject to FOIA. Such a telephone billing record is not paid with public funds, only indicates that a call was made (it does not reveal the contents of the call or who made it), and is prepared by the service provider in order to receive payment as part of a commercial transaction.

Project Vote v. Long

4th Circuit rules that completed voter registration forms, with Social Security numbers redacted, must be disclosed under the National Voter Registration Act.

Hill v. Fairfax County School Board

The Supreme Court of Virginia rules that the rapid and extensive exchange of emails leading up to a meeting is not itself a meeting triggering FOIA's requirements.

FOI Advisory Council Opinion AO-07-11

Summarizes the requirements for making and responding to a FOIA request. Clear communications between the parties are essential. Public bodies are reminded to provide one of the five responses required by statute.

FOI Advisory Council Opinion AO-03-12

A public official may only charge his or her rate of pay as a public official, not as a private employee, when responding to requests for public records.

Bradford v. Board of Equalization

Bradford v. Board of Equalization (Loudoun General District Court): no violation to demand camera from freelance reporter after the flash accidentally went off.

Attorney General Opinion 12-9-11

AG reviews 4th Circuit opinions that place limits on when and how sectarian prayers can be invoked at public meetings.

FOI Advisory Council Opinion AO-06-11

Adult arrestee booking photographs (mug shots) are public records subject to FOIA.

FOI Advisory Council Opinion AO-05-11

A rescue squad which is a town department is subject to FOIA for records purposes, but is not subject to the open meetings requirements of FOIA.

FOI Advisory Council Opinion AO-04-11

The attorney-client privilege exemption must be narrowly construed. If a record contains both exempt and non-exempt material, only the exempt material may be withheld. Whether a record is exempt depends on the contents of the record and the existence of a specific legal provision that allows the record to be withheld.

Saltville v. Surber

Judge in Saltville reviewed under seal several documents related to a former town employee. He eventually ruled that some of them must be released to a newspaper, over the former employee's objection, and that others did not have to be released because they did not discuss public business. Read the full final order here.

FOI Advisory Council Opinion AO-03-11

Section 40.1-11 of the Code of Virginia exempts certain records of the Department of Labor and Industry from mandatory disclosure under FOIA.

Attorney General's Opinion 2011 #096

Two members of a 3-member board cannot talk by phone to ascertain positions on issues or to arrange meeting schedules. Such conversations violate the open meetings provisions of FOIA.

FOI Advisory Council Opinion AO-02-11

Pursuant to the exemption for records of persons imprisoned in penal institutions in the Commonwealth related to the imprisonment, the Department of Corrections may withhold a list of female inmates showing the inmates' names, state identification numbers, and facility locations.

FOI Advisory Council Opinion AO-01-11

A settlement agreement that settles ongoing litigation and is sealed by court order is exempt from mandatory disclosure under FOIA.

Virginian-Pilot v. City of Norfolk School Board

Court rules that some administrative investigative records had to be released because the investigation was over, but also rules that the school district was not required to redact personnel records and scholastic records in response to newspaper's FOIA request.

FOI Advisory Council Opinion AO-04-10

For the purpose of the definition of public records, the meaning of in the transaction of public business must be examined on a case by case basis. FOIA does not mandate how to perform a search for records, but any search that is conducted must be carried out in good faith.

Dixon v. VCU

A Fairfax County Circuit Court ruled Sept. 9 that the names home and business addresses of the Virginia Commonwealth University Board of Visitors must be released when requested under FOIA.

Cline v. Augusta County and Board of Equalization of Augusta County

Augusta County Circuit Court judge rules that county Board of Equalization violated FOIA by meeting in a small, inaccessible room with a sign on the door directing the public to wait outside until their case was called.

Full text of the opinion (PDF)

FOI Advisory Council Opinion AO-03-10

FOIA provides exemptions from mandatory disclosure for certain records related to closed meetings. However, FOIA does not address whether a mayor may demand that at the conclusion of a closed meeting members of a local governing body give to the mayor any documents distributed or notes taken during the closed meeting.

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