The Virginia FOIA Opinion Archive

A local Board of Zoning Appeals cannot discreetly disclose the existence of reconsideration options to only a limited and subjective group of denied applicants because the existence of any reconsideration options would be considered open to the public under FOIA.

"The Virginia Freedom of Information Act requires local police departments to release footage from body-worn and/or dashboard cameras related to officer-involved shootings unless an exception applies." This opinion isn't novel, but it does review the issue in part under the new §2.2-3706.1.
 

An assistant AG offered an informal opinion to the Prince William Circut Court clerk that nothing in the statutes governing remote access to non-confidential court files barred clerks from granting such access to the press.

Local governments do not have authority under §15.2-1413, which allows the adoption of modifications to essential functions during an  emergency, to relax the deadlines by which to respond to FOIA requests.

The Suffolk City School Board policy, which limits board members' abilitty to seek records under FOIA, "should not impede access to public records by citizens of the Commonwelath."

On May 6, 2020, the Attorney General said that the amendments to the budget adopted by the General Assembly and signed by the governor in April 2020 would allow the General Assembly to meet remotely during a time of declared emergency, provided the bodies can meet the conditions offered in the amendments, including that the emergency makes meeting in person "impracticable or unsafe," and (among other things) providing minutes and making sure the public has electronic acess to the proceedings

During the COVID-19 outbreak, the Attorney General issued this opinion on the meetings of local and state government boards and whether/when they can meet electronically, without a quorum physically present at one site.

The Tourism Council of the Greater Williamsburg Chamber and Tourism Alliance is a public body subject to FOIA.

Section 24.2-107 of the Code of Virginia requires local electoral boards to post on an official website whatever kinds of minutes they keep, including both draft and final minutes.

Informal opinion from the AG's office (authored by Opinions Counsel Tim Oksman) says that locally filed conflicts of interest forms cannot be redacted in response to a FOIA request.

A blanket prohibition against public comment at public meetings on "specific personnel or student concerns" and speech identifying school officials or employees violates free speech principles, as does a prohibition against all "personal attacks."

The Attorney General concluded on Sept. 4, 2015, that the Suffolk Wetlands Board does not have to permit public comment during meetings where public comment is not statutorily required. However, "because of the overarching importance of open government and free discussion with citizens," the AG says that "the Board may from time to time choose to permit public comment when public comment is not required."

"For the foregoing reasons, it is my opinion that local law enforcement agencies must disclose adult arrestee photographs pursuant to a valid FOIA request if they are contained in a database maintained by the local law enforcement agency, regardless of whether the defendant is still incarcerated or has been released, unless disclosing them will jeopardize a felony investigation. However, photographs may not be drawn from the Central Criminal Records Exchange for disclosure at any time to comply with a FOIA request.""For the foregoing reasons, it is my opinion that local law enforcement agencies must disclose adult arrestee photographs pursuant to a valid FOIA request if they are contained in a database maintained by the local law enforcement agency, regardless of whether the defendant is still incarcerated or has been released, unless disclosing them will jeopardize a felony investigation. However, photographs may not be drawn from the Central Criminal Records Exchange for disclosure at any time to comply with a FOIA request."

A public official's constituent newsletter may or may not be a public record; it depends on the content and use of the newsletter. However, if you assume the newsletter is a public record, the email distribution list used to send the newsletter is would not be exempt from disclosure.

New law (effective date July 1, 2013) restricting access to concealed weapons permits is retroactive, and declares that court orders granting permits must be blocked from access, too.

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