The Virginia FOIA Opinion Archive

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FOI Advisory Council Opinion AO-05-01

A school board member's attendance as a member of the general public at a meeting of a committee that two fellow school board members are on does not constitute a meeting of the school board.

FOI Advisory Council Opinion AO-06-01

noncriminal incident police reports are available under FOIA, though police may excise personal identifying information; phone director of city employees, if it exists, is subject to disclosure under FOIA.

FOI Advisory Council Opinion AO-03-01

Regarding requirements for notice and agendas for special or emergency meetings; enforcement

FOI Advisory Council Opinion AO-04-01

The personnel records exemption allows the withholding of personally identifiable information regarding a applicant's education and qualificiations; specific classes taken by city manager part of personnel record, too.

FOI Advisory Council Opinion AO-01-01

Use of an e-mail network listserv by city council members is an improper electronic meeting under FOIA.

FOI Advisory Council Opinion AO-02-01

The Board of Funeral Directors and Embalmers may, under a FOIA exemption, withhold the names of applicants for licensure.

FOI Advisory Council Opinion AO-21-00

The Erosion and Sedimentation Control Administrator for the Natural Tunnel Soil and Water Conservation District, when conducting an investigation to determine if a criminal violation of section 10.1-563 has been committed, could properly withhold the records of the complaints leading to the investigation.

FOI Advisory Council Opinion AO-19-00

Parental request of school board for religious exemption (as a personal matter unrelated to the transaction of public business) is proper subject for a closed meeting if the topic has been identified with specificity in the motion to go into closed session.

FOI Advisory Council Opinion AO-20-00

The annual report on the compensation plan being developed by the Department of Human Resources is a public record.

FOI Advisory Council Opinion AO-10-00

Virginia School Boards Association is not subject to FOIA; members of individual school boards attending a VASB conference should refrain from discussing public business without notifying the public.

FOI Advisory Council Opinion AO-11-00

public body not required to merge two separate databases to create a record containing the information sought by a requester; requester can ask for both databases and manipulate the raw data himself.

FOI Advisory Council Opinion AO-12-00

once city council members acted on a report that was arguably part of the city manager's working papers, any exempt status is lost and the document becomes part of the public record.

FOI Advisory Council Opinion AO-13-00

Notice for special or emergency meetings must be reasonable under the circumstances; determination of reasonableness is not within purview of FOI Advisory Council's duties.

FOI Advisory Council Opinion AO-14-00

Complaints against identifiable individuals are exempt personnel records; settlement amounts are public records, but if a record listing all amounts paid does not exist, public body has no duty to compile such a list; reworded request may yield documents sought.

FOI Advisory Council Opinion AO-15-00

Information regarding access to court records, specifically divorce records, is outside the scope of FOIA.

FOI Advisory Council Opinion AO-16-00

A volunteer rescue squad supported primarily through private donations is not a public body subject to FOIA.

FOI Advisory Council Opinion AO-17-00

An individual is entitled to his personnel record; general job classification and salary information of public officials is specifically available under FOIA.

FOI Advisory Council Opinion AO-18-00

Death certificates, as vital records, are not covered by FOIA.

FOI Advisory Council Opinion AO-09-00

Roberts Rules of Order is subordinate to FOIA in the event of any conflict between the two.

FOI Advisory Council Opinion AO-08-00

The condition or use of real estate is no longer a valid topic for a closed meeting; city manager's working paper exemption evaporates once he disseminates document.

FOI Advisory Council Opinion AO-07-00

Physical presence of lawyer is necessary for public body to invoke closed meeting exemption regarding consultation for advice on a specific legal matter; counsel's presence is not necessarily demanded when the exemption for briefings on actual or probable litigation.

FOI Advisory Council Opinion AO-06-00

Freedom of Information Advisory Council, FOIAC, not authorized to give citizens or news reporters advice about how to deal with the State Corporation Commission

FOI Advisory Council Opinion AO-05-00

The release of local license taxes assessed against any person, firm or corporation is prohibited by the Tax Code.

FOI Advisory Council Opinion AO-04-00

The informal gathering of three members of the Norfolk Wetlands Board to tour the site of an applicant for a dredging permit is considered a meeting under FOIA because it necessarily concerns the transaction of public business

FOI Advisory Council Opinion AO-03-00

A so-called master list of courses offered by a school during the next academic year, the times and who will be teaching them is a public record despite the list's possible revision by the administration.

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