The Virginia FOIA Opinion Archive

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Attorney General's Opinion 1979-80 #385

Because nothing in FOIA demands confidentiality of any record or meeting, school board members-elect may attend executive sessions and review personnel records prior to taking office.

Attorney General's Opinion 1979-80 #379

Public body may not discuss any subject in executive session other than those authorized in FOIA's exemptions.

Attorney General's Opinion 1979-80 #388

Except for certain meetings, FOIA does not apply to the Commission on Local Government. However, Commission records in local governments' possession are public records subject to FOIA.

Attorney General's Opinion 1979-80 #380

Executive session called without a prior resolution adopted in public meeting violates FOIA. No election of planning commission officers in executive session. Actions taken by illegally elected public body officers are valid up until the point when they learn of the election defect.

Attorney General's Opinion 1979-80 #382

The general statement of policy found at the beginning of FOIA is a reflection of the legislative intent of the Act.

Attorney General's Opinion 1979-80 #377

Judge's notes on cases over which he/she currently presides exempt under the litigation exemption.

Attorney General's Opinion 1979-80 #381

Public body cannot adopt a resolution in executive session, and a public vote on the resolution does not cure the error.

Attorney General's Opinion 1979-80 #298

School board's attendance at a labor organization's presentation may be subject to FOIA if the purpose of the board's attendance is to discuss/transact public business.

Attorney General's Opinion 1979-80 #270

Medical records exemption is discretionary, though the subject of the record may compel release to him-/herself or a designated doctor or attorney.

Attorney General's Opinion 1979-80 #302

Confirms procedures for going into closed meeting. Board member appointed in an illegal meeting is a de facto officer, and the board's actions are valid, until notice of the illegal appointment is made.

Attorney General's Opinion 1979-80 #387

A computer tape of a real estate assessments in an official record. County need not provide computer tape for citizen copying if tape is stored off-premises and a hard copy is available for public inspection in the county offices.

Attorney General's Opinion 1979-80 #386

Public body may require advance payment, as long as access is not unlawfully limited.

Attorney General's Opinion 1979-80 #378

School board may not use personnel exemption to discuss general personnel priorities in exeuctive session. Materials held exclusively by school superintendent are exempt working papers even if the superintendent has given a presentation to school board personnel using those materials.

Attorney General's Opinion 1979-80 #377A

Fees not in excess of the actual cost of providing copies are allowable.

Attorney General's Opinion 1979-80 #236

Medicare and Medicaid cost reports are open records. Court rulings interpreting the federal FOIA do not apply to Virginia's FOIA.

Attorney General's Opinion 1979-80 #384

Jail inmates are entitled to look at their own medical records that are otherwise exempt under FOIA.

Attorney General's Opinion 1978-79 #314

Board cannot meet in executive session to discuss expansion of private college.

Attorney General's Opinion 1978-79 #313

Minutes or transcripts of a properly held executive meeting are exempt from mandatory disclsoure.

Attorney General's Opinion 1978-79 #315A

Town council may meet to discuss location of a bridge, where the bridge would not be located upon town property and where the town would not be involved in the acquisition of easements for the bridge right-of-way.

Attorney General's Opinion 1978-79 #316A

Citizens committee created by mayor that receives no public funds and reports only to the mayor, not to the city council, is not subject to FOIA.

Attorney General's Opinion 1978-79 #317A

a report to a public body becomes an official record when it comes in to the body's possession.

Attorney General's Opinion 1978-79 #315

financial statements city requires merchants selling goods in the city to file with its purchasing department are official records.

Attorney General's Opinion 1978-79 #317

Records on a teacher's professional qualifications are personnel records.

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