To Whom Applicable: Public Bodies

Attorney General opinion 19-023

The Tourism Council of the Greater Williamsburg Chamber and Tourism Alliance is a public body subject to FOIA.

FOI Advisory Council opinion AO-01-19

Access to health records is addressed by FOIA and other specific laws outside of FOIA. Where the laws differ, the more specific provisions are controlling.

Transparent GMU v. George Mason University order

A Fairfax Circuit County judge's order on various pretrial motions in a case brought by a transparency group against George Mason University and the George Mason University Foundation, Inc.

Davison v. Dunnavant

Virginia state senators are not individually subject to FOIA.

FOI Advisory Council Opinion AO-01-17

Opinion summarizes the requirements for responding to a request. A failure to respond to a request for public records is deemed a denial and a violation of FOIA. The statutory remedy for a violation is to file a petition for mandamus or injunction in general district or circuit court. The Newport News Economic/Industrial Development Authority is a public body subject to FOIA.

FOI Advisory Council Opinion AO-03-15

The Office of Executive Secretary by statute operates and maintains a case management system, the operation and maintenance of the system is the transaction of OES' public business, and therefore OES' case management records are public records subject to FOIA. By operation of law, the respective clerks also remain custodians of those records, and they bear responsibility for maintaining the integrity of those records.  To the extent that OES owns or possesses such data, it is also a custodian of such records and likewise responsible to respond to a request for it under FOIA.

FOI Advisory Council Opinion AO-01-15

A private entity that exercises no governmental authority and is not wholly or principally supported by government funds is not a public body subject to FOIA's records and meeting requirements. Money received by a private entity from government sources under a procurement contract should not be used to determine whether an entity is wholly or principally supported by public funds.

FOI Advisory Council Opinion AO-04-13

A committee that was created by action of a city council, but does not advise the city council or perform a delegated function of the city council, is not a public body subject to FOIA for meetings purposes. However, records of such a committee that are in the transaction of public business are public records subject to FOIA.

FOI Advisory Council Opinion AO-07-12

A public instrumentality exercising public and essential governmental functions (in this case, Crooked Road) is a public body subject to FOIA.

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