The Virginia FOIA Opinion Archive

FOIA does not require the production of trade secrets or proprietary information.

Bail and Recognizances: prior AG opinions described as public records commitment papers, continuance cards and other info relevant to making bail, extend to giving it to magistrates who ask for it.

An injunction is proper where a school board enters into any contract, which was discussed during a closed executive session conducted pursuant to the Virginia Freedom of Information Act and whose effective date is before the date on which the school board reconvenes in open session and formally approves the contract.

A valid subpoena duces tecum is not a matter covered by FOIA.

High school student election results are not official records subject to disclosure under FOIA.

An action taken in open session of a meeting is valid.

Decided City Council did not violate FOIA by meeting in closed session; Shenandoah Publishing House Inc. v. The Winchester City Council; Chancery No. 95-156.

A city ordinance passed when all members of a public body vote in open session is valid.

Letters exchanged between an institution of higher learning and a law firm representing a university student are not exempt as work product compiled for use specifically for litigation.

FOIA not applicable to private businesses and corporations if their funding is not wholly or principally drawn from public funds

FOIA and the discovery rules of the Supreme Court are mutually exclusive. Under FOIA, citizens are entitled to criminal incident reports that describe the criminal act.

A corporation to which the Virginia Retirement System appoints two board of trustee members is not a public body under FOIA. A willful and knowing violation of FOIA warrants the imposition of a civil penalty.

Times-World Corp. v. Wells

CIRCUIT COURT OF BEDFORD COUNTY, VIRGINIA

32 Va. Cir. 239

November 16, 1993

OPINIONBY: JUDGE MOSBY G. PERROW III

No requirement for commissioner of revenue to reveal to public methodology used in determining fair market value for each particular property.

The names of current and past delinquent payers of business license taxes may be disclosed under FOIA, but not the amount of the delinquency.

FOIA violations made in good faith do not require the imposition of civil penalties

Report prepared by the Auditor of Public Accounts (re: adequacy of accounting systems used by commissioners of revenue, directors of finance and other assessing officers) may be disclosed under FOIA.

Negotiations regarding the substantive terms of a contract to buy water from a neighboring locality is a 'legal matter' that can be discussed in a closed meeting because public disclosure could compromise negotiating positions/strategy. Not all public business that may end up in contract form is considered a 'legal matter'.

Four South Carolina reporters who covered the bribery investigation of several state legislators were subpoenaed to testify in the subsequent criminal trial. Even after their motion to quash the subpoenas failed, the reporters refused to comply, asserting that: 1) they had a qualified privilege against being compelled to testify on newsgathering; and 2) the subpoenas violated Department of Justice guidelines that say the government must fail to exhaust all reasonable alternative sources. The district judge found them in contempt, and the Court affirmed, citing only an incidental burden on freedom of the press. Without evidence of governmental harassment or bad faith, the reporters had no privilege different from that of any other citizen not to testify about knowledge relevant to a criminal prosecution. Furthermore, the government did make clear that it could uncover no other source with evidence that the state senator had made false exculpatory statements.

an individual's wilful and knowing violation of FOIA merits penalty

The names of delinquent taxpayers may be released under FOIA, but the amount of delinquency may not.

Is the RF&P Corporation a public body subject to FOIA? Has there been a willful violation of FOIA?

A legislative change making certain records public under FOIA may be applied retroactively.

A plaintiff must exhaust all available state remedies in an action against an agency before proceeding to circuit court.

The tax-exempt status of certain individuals is information that is exempt from disclosure under FOIA by virtue of the Tax Code's general prohibition against release of taxpayer information.