The Virginia FOIA Opinion Archive

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Attorney General's Opinion 1984-85 #426

Where city attorney calls in council members to prepare them as witnesses in a scheduled trial, there has been no meeting. No public policy is deliberated, the individuals were not gathered as an entity, and no action by the entity was anticipated.

Attorney General's Opinion 1984-85 #313

Nothing in FOIA or the Tax Code prevents disclosing a list of names of delinquent real estate taxpayers.

Attorney General's Opinion 1984-85 #418

An advisory committee, appointed by a circuit court in lieu of a governing body, that is supported by public funds, is subject to FOIA.

Attorney General's Opinion 1984-85 #424

Reports filed in confidence with state or local police are exempt.

Attorney General's Opinion 1984-85 #427

All public bodies must take minutes at their open meetings. A tape recording of a public bodyÄ…s meeting is an acceptable form of meeting minutes. However, because FOIA allows inspection or copying of minutes, a public body may want to do something else.

Attorney General's Opinion 1984-85 #423

Even informal gatherings, such as over a meal, are meetings if part of the purpose is to discuss public business, or the gathering was prearranged with any purpose of discussing business. Notice provisions apply to executive session, as well as open meetings, therefore, notice of time and location of executive session must be given. Reconvening in different location.

Attorney General's Opinion 1984-85 #428

As long as a copy of a record is available, thereÄ…s no requirement that the custodian convert the copy to another medium preferred by the requester.

Attorney General's Opinion 1984-85 #425

FOIA does not define financial statements so common definition prevails. Certain IRS forms not within common definition, so it can be disclosed.

Attorney General's Opinion 1983-84 #440

Any official public body action must take place in a meeting where the membership is physically present.

Attorney General's Opinion 1983-84 #437

Commonwealth attorney has no duty to represent private citizen in pursuing an FOIA request.

Attorney General's Opinion 1983-84 #446A

jail register or list of those incarcerated is subject to disclosure, except for names of juvenile offenders

Attorney General's Opinion 1983-84 #449

Personnel reports that do not identify employees must be disclosed. Teacher evaluations on school ratings are open if executive meetings exclusions are not present.

Attorney General's Opinion 1983-84 #280

FOIA and Privacy Protection Act may work in concert; theyÄ…re not mutually exclusive.

Attorney General's Opinion 1983-84 #441

Nothing in FOIA prohibits a public body member for taking minutes at or tape recording a properly closed meeting.

Attorney General's Opinion 1983-84 #446

Financial data of retailers collected by an institution of higher learning for purposes of business research or publication are subject to disclosure.

Attorney General's Opinion 1983-84 #439

Virginia Division of Tourism cannot withhold business data submitted by Virginia travel attractions. A private company that is supported wholly or principally by public funds is subject to FOIA.

Attorney General's Opinion 1983-84 #445

Executive meetings should not be continued from one date to a subsequent date when the business before the body cannot be completed on the scheduled date.

Attorney General's Opinion 1983-84 #113

There is no law requiring a separate accounting for expenditures of funds, though any documentation on it would be subject to FOIA.

Attorney General's Opinion 1983-84 #019

Report by the Psychiatric Advisory Committee is open to disclosure to the subject of the report.

Attorney General's Opinion 1983-84 #437A

Principal's handwritten notes, used as a memory jogger, and anonymous letter are public records if used to transact public business. Subject of record can access it, regardless of possible exemptions.

Attorney General's Opinion 1983-84 #314

An exhibit is not automatically converted into a personnel record simply because it is introduced in a grievance procedure. FOIA and the Privacy Protection Act notwithstanding, a teacher has the statutory right to a private grievance hearing.

Attorney General's Opinion 1983-84 #447

General fund revenue estimates prepared by the governor's advisory boards are considered working papers of the governor; Governor's budget advisory boards must follow FOIA's meeting requirements.

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