The Virginia FOIA Opinion Archive

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FOI Advisory Council Opinion AO-17-01

With respect to the Governor's Development Opportunity Fund, records used for the governor's personal or deliberative use are exempt, but records related to how grants are awarded or loans made are subject to disclosure under FOIA.

FOI Advisory Council Opinion AO-19-01

With the exception of certain statistical information and financial records, the Virginia Parole Board's records are not subject to FOIA.

FOI Advisory Council Opinion AO-14-01

When making a motion to go into closed session, the level of specificity required to identify the subject matter when addressing litigation greatly depends upon how its disclosure would affect the negotiating or litigating posture of the public body, and thus a general description may suffice.

FOI Advisory Council Opinion AO-15-01

The professional qualifications of a public official are considered part of that official's personnel record and thus may be withheld.

FOI Advisory Council Opinion AO-13-01

Regarding directory information held by a school system and duties under FOIA when a requested record does not exist.

FOI Advisory Council Opinion AO-10-01

Section 60.2-114(A) prohibits the release of audit information related to employer compliance with employee earnings requirements.

FOI Advisory Council Opinion AO-11-01

Lists of businesses to whom licenses have been issued or lists of individuals or businesses on a locality's tax rolls are available under FOIA if they exist.

FOI Advisory Council Opinion AO-12-01

A public body may charge $.25 per page for copies as long as that charge does not exceed the actual cost of providing the record.

FOI Advisory Council Opinion AO-09-01

As an agency of the county, a neighborhood connections office is subject to FOIA.

FOI Advisory Council Opinion AO-07-01

Videotapes taken from a camera mounted on a public school bus are not available for disclosure under FOIA or FERPA unless the written consent of every parent of every identifiable child is obtained.

FOI Advisory Council Opinion AO-08-01

In consultation with legal counsel, the public body is the holder of the attorney-client privilege and so may disclose information it wishes; merely discussing an exempt document does not kill an applicable exemption.

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.

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