The Virginia FOIA Opinion Archive


Attorney General's Opinion 1983-84 #436

When determining the actual cost of providing copies, a public body may take into consideration (1) number of hours reasonably necessary to compile, copy and assemble documents, (2) cost of computer time used and (3) costs of reproducing the records. If a document is created at the request of a citizen, even though the public body may receive a benefit from having permanent use of the document, it would not be unreasonable to pass on the expense of its production to the requestor if the requestor were notified in advance of the estimated cost of preparing the document.

Attorney General's Opinion 1982-83 #714

Discussion of the hiring, firing, resignation, retention, salary and money paid to the city attorney, elected by the city council, may be held in executive session under the personnel exemption.

Attorney General's Opinion 1982-83 #731

When government employee is being paid two salaries for two different government functions, only the one that meets the statutory minimum for disclosure under FOIA need be disclosed.

Attorney General's Opinion 1982-83 #708

Employment contract detailing salary is an official record. Salary of incoming dean at William and Mary subject to disclosure, regardless of the existence of an employment contract.

Attorney General's Opinion 1982-83 #723A

Applications for permits to carry concealed weapon are official records; court in which the permit is filed may prohibit disclosure, however.

Attorney General's Opinion 1982-83 #724

A draft management letter is an official record.Working papers exemption lost when chief executive officer distributes a document to others.

Attorney General's Opinion 1982-83 #719

Mere presence of three members of a county board of supervisors on a private board of trustees does not convert a the board of trustees into a public body that needs to follow FOIA.

Attorney General's Opinion 1982-83 #709

Circuit court clerks files that contain certain pre-sentence reports and juvenile records are not subject to disclosure under FOIA.

Attorney General's Opinion 1982-83 #727

FOIA allows, and no other code provision prohibits, the release of the names, telephone numbers and business-type information of local business licensees.

Attorney General's Opinion 1982-83 #713

Discussion about filling one deputy superindent's position and eliminating another may be held under the personnel exemption; however, discussion about general office reorganization is not a proper topic for the personnel exemption.

Attorney General's Opinion 1982-83 #729

School superintendent is the chief executive office of the school board for purposes of FOIA. A report prepared for use at a properly called executive meeting loses any exempt status if the essence of the report is discussed in an open meeting.

Attorney General's Opinion 1982-83 #707

The phrase submitted in confidence in the working papers exemption refers to reports submitted by those outside the agency, not to internal reports.

Attorney General's Opinion 1982-83 #726

A volunteer fire department is subject to FOIA if it is funded wholly or principally by public funds. Records regarding the suspension of a fire chief are confidential as part of the chief's personnel file.

Attorney General's Opinion 1982-83 #722

Tape recording of meeting is not an official record if used only as an aid for preparing written minutes.

Attorney General's Opinion 1982-83 #711

Lists of unclaimed property held by the police are exempt from disclosure if they are part of a criminal investigation.

Attorney General's Opinion 1982-83 #712

Virginia Equaly Employment Opportunity Committee may not meet as a body with employees regarding a specific complaint in executive session.

Attorney General's Opinion 1982-83 #721

Cocktail parties attended by members of a public body, like other social functions, are not meetings for purposes of FOIA, provided that they are not held with the intention of conducting business and business does not take place.

Attorney General's Opinion 1982-83 #717

Discussion about the desirability of creating a deferred payment plan for hooking up to the city sewer line is not proper subject for closed meeting under the legal matters exemption.Reading a prepared statement to close a meeting does not meet the FOIA requirement that a motion to go into a closed meeting must be adopted.

Attorney General's Opinion 1982-83 #716

Proper subject of the legal matters exemption is a fact-based, case-by-case determination.

Attorney General's Opinion 1981-82 #440

Though using the entire period to release a readily available record is not a technical violation of FOIA, it probably violates the spirit of the law where release would not have any way hampered the orderly administration of government.

Attorney General's Opinion 1981-82 #434

Telephone poll of individual members is akin to an informal assemblage, not subject to FOIA.

Attorney General's Opinion 1981-82 #430

Body may meet in executive session at irregular time and place as long as members of the body waive notice and as long as the pass a motion in open session to go into executive session.

Attorney General's Opinion 1981-82 #379A

Statistical information already accumulated by the commissioner of revenue may be released under FOIA.

Attorney General's Opinion 1981-82 #284

Nothing in the Privacy Act prohibits the release of the names and addresses of health professionals licensed by the Health Regulatory Board.