To Whom Applicable: Public Bodies

FOI Advisory Council Opinion AO-01-09

The Office of the Executive Secretary of the Supreme Court of Virginia is an agency of the Commonwealth supported wholly or principally by public funds; opinion also address response time, and failure to respond properly.

FOI Advisory Council Opinion AO-12-08

As a general rule, an individual member of a board, designated as a liaison to staff, is not a public body for meetings purposes. Records prepared, owned, or possessed by that member in the transaction of public business are public records subject to FOIA.

FOI Advisory Council Opinion AO-11-08

A record that is not prepared, owned, or possessed in the transaction of public business is not a public record subject to FOIA. When conducting private business, public officials and employees (in this case, a university law professor) should avoid indicia, such as agency letterhead, that make private records appear to carry the imprimatur of a public body.

FOI Advisory Council Opinion AO-10-08

The records of a community center created and funded by local government, operated by a nonprofit organization acting pursuant to a contract with the local government, are public records subject to FOIA.

Giarratano v. Johson (4th U.S. Circuit Court of Appeals)

Virginia Freedom of Information Act's prohibition on prisoner use for records not related to their court cases is constitutionally sound.

FOI Advisory Council Opinion AO-10-07

Determining whether an entity is a public body as a committee, subcommittee, or other entity however designated of a public body depends on how the entity was formed and what functions it performs.

FOI Advisory Council Opinion AO-07-07

A center for independent living that receives 93% of its funding from public sources is a public body subject to FOIA.

FOI Advisory Council Opinion AO-05-07

The student government of a public institution of higher education is a public body subject to FOIA. The branches of student government are analogous to the organization of government generally (i.e., legislative, executive, and judicial). (Several other related issues discussed.)

FOI Advisory Council Opinion AO-10-06

A nonprofit foundation created by private citizens that voluntarily works with localities for the public good, but does not receive public funding, is not a public body subject to FOIA.

FOI Advisory Council Opinion AO-09-06

An entity (in this case, a redistricting committee assisting a school board) that states that its meetings are open to the public should provide public notice of those meetings, whether or not the entity is subject to FOIA.

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