The Virginia FOIA Opinion Archive

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Department of Taxation Appeals and Rulings

The sales tax does not apply to copies of public records furnished in response to a FOIA request.

FOI Advisory Council Opinion AO-02-10

A motion to convene a closed meeting must identify the subject of the meeting, the purpose of the meeting, and cite an applicable exemption from the open meeting requirements. In order to avoid confusion and misunderstanding, the preferred practice is to make a separate motion for each topic that will come under consideration during a closed meeting.

Selover v. Warren Department of Social Services

Page General District Court Judge Dale Houff's Feb. 19, 2010, letter ruling on DSS' compliance with order to produce records under FOIA.

FOI Advisory Council Opinion AO-01-10

Records that have been entered into evidence and made part of the public record at a public hearing may not subsequently be withheld from disclosure as exempt records of a criminal investigation or prosecution.

FOI Advisory Council Opinion AO-13-09

A motion to convene a closed meeting must identify the subject of the meeting, state its purpose, and provide a reference to an applicable exemption. Quoting or paraphrasing a statutory exemption states the purpose of the meeting, but does not identify the subject. FOIA places the duty to identify the subject of a closed meeting upon the public body holding the meeting, not its attorney.

FOI Advisory Council Opinion AO-11-09

An advisory group created by a public body to advise the public body would itself be a public body subject to FOIA. However, such a group created by a public employee to advise the employee would not be a public body. Likewise, such an advisory group would not be a public body if it was self-appointed.

FOI Advisory Council Opinion AO-10-09

Certain portions of FOIA's criminal records exemptions are currently limited to use only by local law enforcement agencies, not the State Police.

FOI Advisory Council Opinion AO-09-09

A nonprofit foundation that raises funds from private sources to pay for its own operations and to provide financial support to a government entity is not a public body subject to FOIA.

FOI Advisory Council Opinion AO-08-09

Public records posted on a public body's Web site remain subject to FOIA. It is generally expected that public bodies will not charge for sending brief electronic mail messages providing Web addresses or copied excerpts of electronic records, as the actual costs incurred usually are negligible.

FOI Advisory Council Opinion AO-07-09

Though generally local public bodies may not meet or cast votes by electronic means, a telephone conversation between an administrator and a single member of a public body is not a meeting subject to FOIA.

FOI Advisory Council Opinion AO-06-09

Without a prior agreement, when a requester asks for records to be sent via e-mail, the government cannot bill the requester for the cost and mileage involved with delivering the records via certified mail.

Ostergren v. McDonnell (permanent injunction) - federal district court

Federal district court rules that privacy advocate BJ Ostergren may continue to publish the Social Security numbers of prominent persons, but not private ones, to protest current Virginia practices allowing land records with full SSNs to be published online.

FOI Advisory Council Opinion AO-05-09

Boards of equalization are public bodies and are required to keep minutes of their meetings. Even before law takes effect July 1, 2009, minutes should be in writing. Audio recordings cannot be a substitute. Votes must be recorded, though those who vote need not be identified.

McBurney v. Mims (U.S. federal district court)

U.S. District Court grants Attorney General's motion to dismiss in case challenging Virginia FOIA's restriction of its use to Virginia citizens only (i.e., a North Carolina resident has no right to file a request to receive records from Virginia state or local government).

FOI Advisory Council Opinion AO-04-09

Section 15.2-2907 says that certain meetings that are or would be subject to review by the Commission on Local Government -- like consolidation and annexation discussions -- are not subject to FOIA.

FOI Advisory Council Opinion AO-03-09

A task force jointly created by multiple public bodies to advise them is itself a public body subject to FOIA. Likewise, a regional public body provided for by statute and established by the resolutions of several local public bodies is also subject to FOIA. Both must comply with the procedural rules for conducting public meetings.

McBurney v. Mims - briefs

Please visit our Brief Bank to view some of the briefs filed by the plaintiffs in McBurney v. Mims, which challenges the provision in Virginia FOIA that says FOIA can be used by Virginia citizens only, not out-of-state residents.

FOI Advisory Council Opinion AO-02-09

Scholastic records, by definition, are those records which contain information directly related to a student and maintained by a public body that is an educational agency or institution or by a person acting for such agency or institution. A denial of a records request must cite the specific Code section that authorizes the withholding of the records.

FOI Advisory Council Opinion AO-01-09

The Office of the Executive Secretary of the Supreme Court of Virginia is an agency of the Commonwealth supported wholly or principally by public funds; opinion also address response time, and failure to respond properly.

FOI Advisory Council Opinion AO-13-08

A record that is not prepared by, owned by, or in the possession of a public body is not a public record subject to FOIA.

FOI Advisory Council Opinion AO-12-08

As a general rule, an individual member of a board, designated as a liaison to staff, is not a public body for meetings purposes. Records prepared, owned, or possessed by that member in the transaction of public business are public records subject to FOIA.

FOI Advisory Council Opinion AO-11-08

A record that is not prepared, owned, or possessed in the transaction of public business is not a public record subject to FOIA. When conducting private business, public officials and employees (in this case, a university law professor) should avoid indicia, such as agency letterhead, that make private records appear to carry the imprimatur of a public body.

FOI Advisory Council Opinion AO-10-08

The records of a community center created and funded by local government, operated by a nonprofit organization acting pursuant to a contract with the local government, are public records subject to FOIA.

FOI Advisory Council Opinion AO-09-08

FOIA provides that public bodies bear the burden of proof to establish an exemption by a preponderance of the evidence. However, FOIA is silent regarding whether a requester may challenge as an abuse of discretion a decision not to disclose records that are excluded from mandatory disclosure pursuant to a valid exemption, once the exemption has been established.

FOI Advisory Council Opinion AO-08-08

Advisory committees formed by Richmond Mayor Douglas Wilder are not subject to FOIA. FOIA applies to committees formed by public bodies to perform a delegated function or provide advice to the public body. The mayor, however, is not a public body.

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